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Agenda 12/09/2014 Item #16K1 12/9/2014 16.K.1 . EXECUTIVE SUMMARY Recommendation to approve payment for litigation support services by R. Alan Wilcox, MAI, SRA for the Order of Taking Hearing for Collier County v. Andy Morgan, et al., (LASIP Project no. 51101) - Crews, Cope, Sandy Lane in an amount not to exceed $1,500. Fiscal Impact$1,500. OBJECTIVE: That the Board approves payment for litigation support services by R. Alan Wilcox,MAI, SRA for the Order of Taking Hearing for Collier County v. Andy Morgan, et al., (LASIP Project no. 51101)—Crews, Cope Sandy Lane in an amount not to exceed $1,500. CONSIDERATIONS: On January 5, 2015, Collier County has scheduled an Order of Taking hearing for the condemnation of Parcels 236DAME1 and 236DAME2 belonging to Andy and Beverly Morgan. At an Order of Taking hearing, the County must place on the record expert testimony establishing a good faith estimate of value derived from a valid appraisal. Alan Wilcox has previously prepared an appraisal for this property and the County Attorney's Office wishes to retain his services for expert testimony at the January 5, 2015 Order of Taking hearing. Under Section Eleven B.5 of the Purchasing Ordinance, the County Attorney's Office is first required to obtain Board approval before hiring litigation support. FISCAL IMPACT: Funds in the amount of$1,500 are available in LASIP Stormwater Capital Improvement Project 51101. Source of funds is ad valorem. LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office, is approved as to form and legality, and requires a majority vote for Board approval.—ERP RECOMMENDATION: That the Board of County Commissioners approves payment for litigation support services by R. Alan Wilcox, MAI, SRA for the Order of Taking Hearing for Collier County v. Andy Morgan, et al., (LASIP Project no. 51101) - Crews, Cope, Sandy Lane in an amount not to exceed $1,500. Prepared By: Emily R. Pepin, Assistant County Attorney Attachments: November 13, 2014 fee letter Packet Page-2572- 12/9/2014 16.K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.1. Item Summary: Recommendation to approve payment for litigation support services by R. Alan Wilcox, MAI, SRA for the Order of Taking Hearing for Collier County v. Andy Morgan, et al., (LASIP Project no. 51101) - Crews, Cope, Sandy Lane in an amount not to exceed $1,500. Fiscal Impact$1,500. Meeting Date: 12/9/2014 Prepared By Name: CrotteauKathynell Title:Legal Secretary, CAO Office Administration 11/21/2014 11:07:08 AM Approved By Name: HendricksKevin Title: Manager-Right of Way, Transportation Engineering&Construction Management Date: 11/21/2014 4:03:17 PM Name: KearnsAllison Title:Manager Financial &Operational Support,Transport Date: 11/21/2014 4:39:46 PM Name: ShueGene Title: Director-Operations Support,Transportation Administration Date: 11/24/2014 11:32:49 AM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administration Date: 11/24/2014 12:52:18 PM Name: KhawajaAnthony Title: Chief Engineer-Traffic Operations,Traffic Operations Date: 11/24/2014 1:34:1 6 PM Name: CasalanguidaNick Title:Administrator-Growth Management Div,Business Management&Budget Office Packet Page-2573- 12/9/2014 16.K.1. Date: 11/24/2014 2:19:41 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 11/24/2014 4:45:22 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/25/2014 9:06:07 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 11/25/2014 3:10:59 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/30/2014 8:11:53 PM Packet Page -2574- 12/9/2014 16.K.1 . ' I�I�[ Appraisal ��lil, Institute- Professionals Wilcox Appraisal Services, Inc.Inc I nsttitlePnn+ir- Peal Estate Salaam Wilcox Appraisal Services, Inc. is committed to the highest degree of professionalism with all of our appraisers being designated Transmitted via Email kathynellcrotteau @colliergov.net members of the Appraisal Institute. and harryhenderson @colliergov.net November 13, 2014 Emily R. Pepin, Esq. Assistant County Attorney Office of the Collier County Attorney 3299 East Tamiami Trail Suite 800 Naples, Florida 34112-5749 Re: Proposal to Provide Additional Appraisal Services and Litigation Support Services. Project: Lely Area Stormwater Improvement Project (LASIP). Parcel Nos.: 236DAME1 AND 236DAME2. Parent Tract: 21.18 Acre Residential Tract. Improvements: None. Location: The parent tract is located at both the northeast and southeast corners of Santa Barbara Boulevard and Whitaker Road and at both the northwest and southwest corners of Sunset Boulevard and Whitaker Road between Davis Boulevard and Rattlesnake Hammock Road in Collier County, Naples, Florida. Owner: Andy R. Morgan. Dear Ms. Pepin: Pursuant to your office's email today, I submit this correspondence for the purpose of providing you with a written proposal to provide additional appraisal services and litigation support services for the above referenced county project. I propose to provide an Appraisal Report related to the subject property for a fee of $2,450.00. The purpose of the appraisal will be to estimate the market value of the property rights and improvements (if any)which are proposed to be acquired, together with all diminution in value to the remainder land and improvements (if any)which can be attributed to the proposed use of, or activity upon, the proposed perpetual, non-exclusive, drainage, access, and maintenance easements (Parcel Nos. 236DAME1 and 236DAME2). It is understood that this appraisal should be completed by December 15, 2014. The Appraisal Standards Board of the Appraisal Foundation adopted the "2014-2015 Uniform Standards of Professional Appraisal Practice" (USPAP) on February 1, 2013. The 2014-2015 standards became effective January 1, 2014 through December 31, 2015. In compliance with Standards Rule 2-2(a), the appraiser is communicating to the client an "Appraisal Report", one of the two reporting options allowed under Standards Rule 2-2. 1633 S.E. 41st StrAAt• Cana Cnral • Ftnrjtttp 33904-7470 239-542-2311 Packet Page-2575-**(mcast.net 12/9/2014 16.K.1. November 13, 2014 Emily R. Pepin, Esq., Assistant County Attorney, Page 2 Office of the Collier County Attorney It is important that I advise you that I am not an expert in determining the absence or presence of jurisdictional systems including, but not necessarily limited to wetlands, wildlife habitats, or other biological communities. Also, I am not an expert in determining the absence or presence of any environmental contamination. This proposal is presented based upon the assumption that the subject property to be appraised is not affected by any of these issues. In regards to providing you with additional litigation support services, such as attendance to meetings or teleconferences, reviewing the file memorandum and summary of compensation estimates immediately prior to the Order of Taking hearing, inspecting the Parcels 236DAME1, 236DAME2 the day of the hearing, and travel to and from, attendance and testifying, and follow- up to the Order of Taking hearing, I currently charge $175.00 per hour for my time. If you have any questions concerning this proposal, please contact me at your earliest convenience. Respectfully submitted, WILCOX APPRAISAL SERVICES, INC. GSLy'le a R. Alan Wilcox, MAI, SRA State-Certified General Real Estate Appraiser RZ 306 Wilcox Appraisal Services,Inc. Packet Page-2576-