Agenda 03/27/2012 Item #16K23/27/2012 Item 16.K.2.
Executive Summary
Recommendation to approve an Agreed Order Awarding Expert Fees in connection with
Parcels 105 and 705 in the lawsuit styled Collier County v. Highland Properties of Lee and
Collier Limited, et al., Case No. 06- 0563 -CA, Santa Barbara Boulevard Project No. 62081
(Fiscal Impact: $61,230).
OBJECTIVE: That the Board of County Commissioners approve the expert fees associated with
the acquisition of Parcels 105 and 705 in the lawsuit styled Collier County v. Highland Properties of
Lee and Collier Limited et. al., Case No. 06- 0563 -CA.
CONSIDERATIONS: On April 26, 2011, the Board of County Commissioners approved a
Stipulated Final Judgment in settlement of these parcels, which had been negotiated with owner's
counsel on the eve of trial. The primary issue in this case was damages associated with the loss of
22 parking spaces as a result of the proposed taking of the landscape buffer along Radio Road. As
part of the settlement, the County agreed that the 20 -foot landscape buffer along Radio Road would
not be required to be replaced, and could be reduced to 5 feet on the remainder tract in accordance
with LDC Sections 1.06.01 and 9.03.07.C.3 and Section 1.04.04 of Ordinance 06 -07 and the Zoning
Manager's Opinion dated December 3, 2010. As a result of this concession, there was no loss in
parking spaces as was originally presumed, and severance damages were almost entirely eliminated.
Pursuant to Section 73.091(1), Florida Statutes, the County is required to pay reasonable expert fees
and expenses incurred in the defense of this matter. Staff recommends payment of the following
fees:
Negotiated
Invoiced
Percentage
Amount
Amount
of Invoice
Engineering fees — Mesimer & Associates, Inc. $26,230
$ 32,062.50
81.8%
Appraisal fees — Richard Harris & Associates $35,000
$ 74,935.00
46.7%
TOTAL $61,230
$106,997.50
57.2%
the terms of which are set out in the Agreed Order attached as Exhibit "A ". The negotiated amount
is on average 43% below the invoiced amount. The Richard Harris invoice savings are unique in
that prior counsel for the property owner utilized Mr. Harris statewide and the attorney is no longer
in the practice of law in Florida.
Staff has reviewed the expert fees as set forth in the Agreed Order and considers them to be
reasonable in light of the statutory requirements as to costs and fees imposed upon the condemning
authority. If the County goes to a hearing, the County is not required to pay the expert that is
requesting the fee, but the County is required to pay reasonable fees of any experts that are retained
by owner to testify as to the reasonableness of the fee. This means another engineer and another
appraiser. Plus the County will need to hire experts to counter owner's experts, and the County will
have to pay owner's attorney hourly for supplemental proceedings.
As indicated above, the experts' fees are inclusive of all efforts in preparation for trial.
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3/27/2012 Item 16.K.2.
FISCAL IMPACT: Funds in the amount of $61,230 are available in impact fees. Source of funds
are Impact Fees.
GROWTH MANAGEMENT IMPACT: This project will further the goals and policies of the
Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
and the expenditure and disbursement of funds as stated.
PREPARED BY: Steven T. Williams, Assistant County Attorney
Attachment: Agreed Order
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
3/27/2012 Item 16.K.2.
Item Summary: Recommendation to approve an Agreed Order Awarding Expert Fees in
connection with Parcels 105 and 705 in the lawsuit styled Collier County v. Highland Properties
of Lee and Collier Limited, et al., Case No. 06- 0563 -CA, Santa Barbara Boulevard Project No.
62081 (Fiscal Impact: $61,230).
Meeting Date: 3/27/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/14/2012 9:38:03 AM
Approved By
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 3/14/2012 10:34:59 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 3/14/2012 11:08:43 AM
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 3/15/2012 11:37:16 AM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 3/15/2012 11:59:57 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 3/16/2012 7:02:08 AM
Name: KlatzkowJeff
Title: County Attorney
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Date: 3/16/2012 3:30:00 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/19/2012 10:10:09 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 3/19/2012 12:46:02 PM
Name: OchsLeo
Title: County Manager
Date: 3/19/2012 2:46:41 PM
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3/27/2012 Item 16.x.2.
3/27/2012 Item 16.K.2.
THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Petitioner,
V.
HIGHLAND PROPERTIES OF LEE AND
COLLIER, LIMITED, et al.,
Respondents.
AGREED ORDER
Case No.: 06- 0563 -CA
Parcel Nos.: 105, 705
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, DDRM
COUNTRYSIDE, LLC AS SUCCESSOR TO INLAND SOUTHEAST COUNTRYSIDE
LIMITED PARTNERSHIP (hereinafter DDRM COUNTRYSIDE, LLC), by and through its
undersigned counsel, for entry of an Agreed Order, and the Court being fully advised in the
premises, it is hereby
ORDERED AND ADJUDGED that Respondent, DDRM COUNTRYSIDE LLC, receive
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty-Six Thousand Two
Hundred Thirty Dollars and No /100 ($26,230.00) for engineering fees incurred by Mesimer and
Associates, Inc. in connection with Parcels 105 and 705; it is further
ORDERED that Respondent, DDRM COUNTRYSIDE LLC, receive from Petitioner,
COLLIER COUNTY, FLORIDA, the stun of Thirty Five Thousand Dollars and No /100
($35,000.00) for appraisal fees incurred by Richard Harris & Associates, Inc. in connection with
Parcels 105 and 705; it is further
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3/27/2012 Item 16.K.2.
ORDERED that within thirty (30) days of receipt of the Agreed Order entered by the Court,
Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Sixty -One Thousand Two
Hundred Thirty Dollars and No /100 ($61,230.00) to the BRIGHAM MOORE LLP TRUST
ACCOUNT c/o Gregory S. Rix, Esquire, Brigham Moore, LLP, 300 West Platt Street, Suite 100,
Tampa, Florida 33606 for the benefit of Respondent, DDRM COUNTRYSIDE LLC, for expert
fees for Parcels 105 and 705 it is further
ORDERED that this Order disposes of all claims of Respondent, DDRM COUNTRYSIDE
LLC.
DONE AND ORDERED this day of , 2012, in Naples, Collier County,
Florida.
Conformed Copies:
Steven T. Williams Esquire
Gregory S. Rix, Esquire
Brent E. Simon, Esquire
Michael A. Durant, Esquire
Brenda Garretson, Esquire
Kevin Hendricks, Transportation ROW Acquisition Manager
Bookkeeping
CYNTHIA A. PIVACEK
Circuit Court Judge
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 105 and 705.
Dated: —&-e— l3, 61Z _
GREGO Y . X, ESQUIRE
Florida Bar No.: 317217
BRIGHAM MOORE LLP
300 West Platt Street, Suite 100
Tampa, Florida 33505
Telephone: (813) 318 -9000
ATTORNEY FOR RESPONDENT, DDRM
COUNTRYSIDE, LLC, AS SUCCESSOR TO
INLAND SOUTHEAST COUNTRYSIDE
LIMITED PARTNERSHIP
Dated:
STEVEN T. WILLIAMS, ESQUIRES.1p
Florida Bar No.: 740101 3114112.
COLLIER COUNTY ATTORNEY'S OFFICE
3299 East I'amiami Trail, Suite 800
Naples, Florida 34112
Telephone – (239) 252 -8400
ATTORNEY FOR PETITIONER
COLLIER COUNTY, FLORIDA
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