Agenda 03/27/2012 Item #16K33/27/2012 Item 16.K.3.
Executive Summary
Recommendation to approve an Agreed Order Awarding Expert Fees and Attorney Fees and
Costs in connection with Parcels 111FEE and 111TCE in the lawsuit styled Collier County v A
L Subs, Inc., et al., Case No. 09- 3691 -CA, Collier Boulevard Project No. 60092 (Fiscal Impact:
$83,000).
OBJECTIVE: That the Board of County Commissioners approve the expert fees and attorney fees
and costs associated with the acquisition of Parcels II IFEE and IIITCE in the lawsuit styled
Collier County v. A L Subs, et. al., Case No. 09- 3691 -CA.
CONSIDERATIONS: On December 14, 2011, the Board of County Commissioners approved a
Stipulated Final Judgment in settlement of these parcels. The primary issue in this case was
damages associated with the closure of an exit driveway on Beck Boulevard. As part of the
settlement, the County agreed to allow the exit to remain and to pay for reasonable attorney fees
based on actual hourly time rather than by monetary and non - monetary benefits achieved.
Respondent's attorney fees would be well over the requested $41,000 if it were computed based on
the value of an exit driveway. 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:
Engineering fees — Mesimer & Associates, Inc
Actual attorney fees based on hourly services
TOTAL
Negotiated
Invoiced
Percentage
Amount
Amount
of Invoice
$42,000
$48,226.40
87.1%
$41,000
$45.208.00
90.7%
$83,000
$93,434.40
88.8%
the terms of which are set out in the Agreed Order Awarding Expert Fees and Attorney Fees and
Costs attached as Exhibit "A ". The negotiated amount is on average 11% below the invoiced
amount.
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 cost 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 an
attorney's fee expert. 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.
FISCAL IMPACT: Funds in the amount of $83,000 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: Heidi Ashton - Cicko, Assistant County Attorney
Packet Page -1487-
3/27/2012 Item 16.K.3.
Attachments: (1) Agreed Order; (2) Affidavit of Costs; (3) Attorney Time Summary
Packet Page -1488-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3.
3/27/2012 Item 16.K.3.
Item Summary: Recommendation to approve an Agreed Order Awarding Expert Fees and
Attorney Fees and Costs in connection with Parcels 111FEE and 111TCE in the lawsuit styled
Collier County v. A L Subs, Inc., et al., Case No. 09- 3691 -CA, Collier Boulevard Project No. 60092
(Fiscal Impact: $83,000).
Meeting Date: 3/27/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
3/14/2012 11:46:50 AM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 3/14/2012 12:25:54 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 3/14/2012 3:35:31 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 3/15/2012 12:17:32 PM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 3/15/2012 1:11:45 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 3/16/2012 7:04:16 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Packet Page -1489-
Date: 3/16/2012 10:01:10 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/16/2012 3:30:12 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 3/19/2012 12:30:44 PM
Name: OchsLeo
Title: County Manager
Date: 3/19/2012 2:44:52 PM
Packet Page -1490-
3/27/2012 Item 16.K.3.
3/27/2012 Item 16.K.3.
THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
EXHIBIT
COLLIER COUNTY, a political
subdivision of the State of Florida,
Petitioner, Case No.: 09- 3691 -CA
VS. Parcel Nos.: I I IFEE, 111TCE
A L SUBS, TNC., et al,
Respondents.
AGREED ORDER
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
CIRCLE K STORES, INC., 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, CIRCLE K STORES, INC., receive
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Forty -Two Thousand Dollars
and No /100 ($42,000.00) for expert Fees incurred by Mesimer and Associates, Inc. in connection
with Parcels I I IFEE and 111TCE; it is further
ORDERED that Respondent, CIRCLE K STORES, INC., receive from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Forty -One Thousand Dollars and No /100
($41,000.00) for attorney fees incurred in connection with Parcels I I IFEE and I I ITCE; it is
further
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 Forty -Two
Thousand Dollars and No /100 ($42,000.00) to the GAYLORD MERLIN TRUST ACCOUNT
c/o LORENA HART LUDOVICI, ESQUIRE, GAYLORD MERLIN LUDOVICI & DIAZ,
5001 West Cypress Street, Tampa, Florida 33607 for the benefit of Respondent, CIRCLE K
STORES, INC., for expert fees for Parcels 11 IFEE and I I1TCE; it is further
1 of 2
Packet Page -1491-
3/27/2012 Item 16.K.3.
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 Forty -One
Thousand Dollars and No /100 ($41,000.00) to LORENA HART LUDOVICI, ESQUIRE,
GAYLORD MERLIN LUDOVICI & DIAZ, 5001 West Cypress Street, Tampa, Florida 33607
for attorney fees for Parcels 111FEE and 111TCE; it is further
DONE AND ORDERED this _ day of , 2012, in Naples, Collier County,
Florida.
CYNTHIA A. PIVACEK
Conformed Copies; Circuit Court Judge
Heidi Ashton -Cicko Esquire
Lorena Hart Ludovici, Esquire
Thomas R. Bolf, Esquire
Brenda C. Garretson, Esquire
Shell Oil Company
Toll Gate Commercial Center Property Own:rs Assn., Inc.
Kevin Hendricks, Transportation ROW Acquisition Manager
Bookkeeping
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 111 FEE and 111TCE.
13
O A HART LUD 1%17 ICI, ESQUIRE
PtOr0i'da Bar No.: 847062
GAYLORD MERL OVCI & DIAZ
5001 West Cypress Street
Tampa, Florida 33607
Telephone: (813) 221 -9000
ATTORNEY FOR RESPONDENT,
CIRCLE K STORES, INC.
CP \09- 3691 -CA \4878
Dated:
HEIDI ASHTON- CICKO, ESQUI
Florida Bar No.: 966770
COLLIER COUNTY ATTORNEY'S OFFICE
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Telephone — (239) 252 -8400
ATTORNEY FOR PETITIONER,
COLLIER COUNTY
2 of 2
Packet Page -1492-
Y
COLLIER COUNTY, a political
subdivision of the State of
Florida,
Petitioner,
VS.
A L SUBS, INC., et al.,
3/27/2012 Item 16.K.3.
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR COLLIER COUNTY,
FLORIDA
N
CIVIL ACTION
C3Q
Case No. 09- 3691 -CA
m
Mon
�Q
z�
Parcels: 111 Fee and 111 TCE
rn
Respondents.
AFFIDAVIT OF COSTS INCURRED BY DEFENDANT
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
LORENA HART LUDOVICI, being first duly sworn, deposes and says:
1. That she has acted as counsel of record for Defendant, CIRCLE K STORES, INC., in
the above - styled cause.
2. That in connection with this case, the following costs were incurred:
EXPERTS:
Mesimer and Associates, Inc. $47,895.00
4738 Central Avenue
St. Petersburg, FL 33711
(see copy of invoice attached)
TOTAL EXPERT COSTS:
EXPENSES:
Photocopies: 1077copies @.25 ea.: $ 269.25
Long Distance: $ 2.88
Postage: 59.27
TOTAL EXPENSES:
Packet Page -1493-
$47,895.00
331.40
EXHIBIT
1
r
-- 3/27/2012 Item 16.K.3.
GRAND TOTAL:
3. That as attorneys for said Defendant, it is the undersigned's opinion that it is hereby
certified that:
a) The items for which said costs were incurred were of use, value and
reasonable, and were necessarily incurred in this case.
b) The charges as set out hereinabove were reasonable and within the range of
those customarily charged and paid in this community for similar services of similarly qualified
persons.
FURTHER AFFIANT SAYETH NOT.
EORENA kT LUDOVICI, ESQUIRE
Florida Bar No, 847062
STATE OF FLORIDA )
COUNTY OF HILLSBOROUGH )
BEFORE ME, personally appeared LORENA HART LUDOVICI, whose name is signed
to the foregoing document, and who is personally known to me, acknowledged before me on this
date that, being informed of the contents of the instrument, she executed the same voluntarily.
Given under my hand this day of January 2012.
Identification Produced
Personally Known
Notary Public, State of Florida
My commission expires:
SEAL:
DONNA S. VALLIAMS
Notary Public • State bt FWWa
• My Comm. Expires Jul 20, 2015
Commiesion * EE 96708
Bonded Thw* MWYW llour7 Am.
11.1 �'j
Packet Page -1494-
3/27/2012 Item 16.K.3.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U. S.
Mail to Heidi Ashton- Cicko, Esquire, Assistant County Attorney, Collier County Attorney's
Office, Harmon Turner Building, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112,
this 20th day of January 2012.
tORENA ART"CUDOVICI, ESQUIRE
Florida Bar No. 847062
GAYLORD MERLIN LUDOVICI & DIAZ
5001 West Cypress Street
Tampa, FL 33607 -3803
(813) 221 -9000
Attorneys for Defendant
CIRCLE K STORES INC.
Packet Page -1495-
AND ASSOCIATES, INC.
January 17, 2012
Ms. Lorena Hart Ludovici
Gaylord Merlin Ludovici Diaz & Bain
5001 West Cypress Street
Tampa, FL 33607
In Reference To: Shell Gas Station & Retail Store
3825 Tollgate Boulevard
Naples, Florida
County: Collier
Parcels: I I IFEE & 111TCE
Invoice # 08725.045
Professionat Services Rendered:
Douglas B. Mesimer
3/17/2009 Review drawing and begin preparation of analysis and report
4/14/2009 Review FEMA and wetland maps; prepare analysis and report
4/15/2009 Review possible impacts to site drainage
6/512009 Run AutoTURN of multiple vehicle types in the existing and
future conditions
6/8/2009 Prepare drawing showing proposed site modifications
6/9/2009 Revise AutoTURN runs per Mr. R. Mesimer's instructions
7/9/2009 Revise drawings per Mr. Mesimer's instructions
7/22/2009 Prepare revisions to drawing showing proposed site modifications
Subtotal;
Frederick J. Mortimer, Sr.
10/7/2008 Prepare drawings for use in field review
10/8/2008 Prepare for and conduct field review to take detailed
measurements and site photographs; conference with site manager
Continued on next page
4738 CENTRAL AVENUE • ST. PETERSBURG, FLORIDA 33711
(727) 894 -8589 • FAX (727) 898 -4937
Packet Page -1496-
3/27/2012 Item 16.x.3.
Hours Amount
1.75
253.75
4.50
652.50
1.25
181.25
3.50
507.50
4.50
652.50
1.50
217.50
1.75
253.75
2.50
362.50
21.25 3,081.25
1.75 192.50
4.50 495.00
-010]
Ms. Lorena Hart Ludovici
Page 2
10/9/2008 Reduce field notes; drafting of existing site improvements;
drafting of existing roadways
10/10/2008 Drafting of existing site improvements and existing roadways;
begin drafting future roadways
10/13/2008 Begin preparation of future property as if uncured
10/14/2008 Revise draft of cure drawing; revise existing and future condition
drawings, revise cost estimates; begin drafting future roads;
prepare cost estimate of items in the taking; continue preparation
of drawing of future property as if uncured
10/15/2008 Review impacts to future property and improvements; review
potential site modifications necessary
10/16/2008 Review possible site modifications with Mr. Mesimer; revise
drawings per his instructions
10/17/2008 Review local unit costs and revise cost estimate of items in the
acquisition
10/23/2008 Field review and property inspection to take supplemental site
measurements
1/15/2009 Prepare map to document driveway activity
2/9/2010 Review potential to provide continued access to Tollgate
Boulevard
3/8/2010 Research existing and projected traffic volumes and design
speeds per Mr. Mesimer's instructions
Subtotal:
Jason M. Spencer
8/4/2009 Review new construction plans; revise our drawing per revised
plans
3/16/2011 Review plan for alternative exit prepared by Genesis Engineers;
Run AutoTURN for various vehicles
3/17/2011 Prepare alternative driveway plans; run AutoTURN for numerous
vehicle types
3/18/2011 Prepare driveway grading and drainage details
3/21/2011 Prepare alternate shared driveway plan, relocated to the east
3/22/2011 Prepare alternate shared driveway plan, relocated to the east
3/23/2011 Phone conference with Genesis Group representative (Mr.
Hawkins) to discuss the new plan; review and evaluate options
proposed by Mr. Hawkins
Continued on next page
Packet Page -1497-
3/27/2012 Item 16.K.3.
Hours Amount
8.00 880.00
6.25 687.50
2.50 275.00
5.50 605.00
3.25 357.50
4.75 522.50
1.75 192.50
2.50 275.00
1.25 137.50
2.25 247.50
1.75 192.50
4600 5,060.00
1.50 180.00
2.50 300.00
3.75 450.00
5.25
630.00
6.25
750.00
2.25
270.00
2.25
270.00
3/27/2012 Item 16.K.3.
Ms. Lorena Hart Ludovici
Page 3
Hours Amount
3/29/2011 Run AutoTURN for fuel delivery vehicle on latest proposed
1.50 1 80.00
driveway plan
3/30/2011 Prepare exhibit to compare our proposed plan and the plan
1.25 150.00
provided by Genesis Group
4/5/2011 Review drawings per comments received from Mr. Hawkins of
1.25 150.00
Genesis Group
4/18/2011 Conference with Mr. Mesimer and Mr. Hawkins of genesis group
1.25 150.00
to discuss easement requirements
4/21/2011 Prepare three alternative driveway plans to accommodate
2.50 300.00
vehicles leaving from the Circle K property and the adjacent
property to the west
4/22/2011 Prepare three alternative plans to accommodate vehicles leaving
4.50 540.00
from the Circle K property and the adjacent property to the west
5/18/2011 Run AutoTURN to see if fuel delivery truck can maneuver
through the exit on plan prepared by the Genesis Group
1.75 210.00
6/21/2011 Revise site drawings to show the approved driveway plan
4.00 480.00
6/22/2011 Prepare based drawing for use in field review
2.25 270.00
6/23/2011 Preparation for and conduct field review to take elevations and
8.00 960.00
site photographs; revise existing drawings to show existing
elevations
6/24/2011 Reduce field notes; prepare driveway construction plans
8.00 960.00
6/27/2011 Prepare driveway construction plans
7/15/2011 Prepare driveway construction plan
3.50 420.00
7/18/2011 Revise driveway drawings following Mr. Mesimer's field review
8.00 960.00
4.25 510.00
on 7/17/11
7/26/2011 Revise driveway construction plan per comments from Mr. Kevin
4.50 540.00
Hendricks
7/27/2011 Revise driveway construction plan per Mr. Mesimer's instructions
1.75 210.00
8/5/2011 Revise construction plans per comments received from Mr.
2.50 300.00
Kevin Hendricks
8/8/2011 Revise construction plans per comments received from Mr.
2.75 330.00
Kevin Hendricks
Subtotal:
87.25 10,470.0o
John F. Ellineer
10/6/2008 Review legal descriptions for size and closure; drafting of
4.50 540.00
existing metes and bounds based on deed; begin drafting existing
roadways
Continued on next page
Packet Page -1498-
Ms. Lorena Hart Ludovici
Page 4
3/27/2012 Item 16.K.3.
Hours Amount
10/8/2008 Field review to take detailed measurements and site photographs
3.75 450.00
10/11/2010 Drafting of alternative site modifications showing driveway
1.50 180.00
moved east from original location; research FDOT driveway and
sidewalk requirements; research and review cross access
easements
5/11/2011
Revise site drawings per Mr. Mesimer's instructions; forward
1.50 180.00
drawings to Ms. Ludovici and Mr. Hawkins for review
5/12/2011
Revise driveway entrance per Ms. Ludovici's instructions keeping
1.25 150.00
driveway completely on the Circle K property
6/23/2011
Prepare for and conduct field review to take elevations and site
5.75 690.00
photographs
7/15/2011
Conference with Mr. Mesimer to review changes to be made to
0.50 60.00
drainage structure and pipes
7/19/2011
Drafting of square scale cross sections and road plans
1.75 210.00
8/19/2011
Conference with Mr. Kevin Hendricks regarding Collier County's
4.50 540.00
construction plans; convert plans to usable format; overlay
proposed cure onto plans and forward to Collier County
8/23/2011
Conference with Mr. Mesimer, Ms. Ludovici and other experts to
0.75 90.00
discuss case issues
8/29/2011
Preparation of construction plans superimposed onto digital files
8.00 960.00
provided by CH2M Hill, Inc. for Collier County; conference with
Ms. Messam, P.E. of Collier County to discuss work needed by
Mesimer and Associates
8/30/2011
Conference with Mr. Mesimer to review construction plans to be
3.50 420.00
submitted to Collier County; revise plans per his instructions and
add additional drawing details
8/31/2011
Prepare construction plans
2.50 300.00
9/6/2011
Revise site drawings based on comments received from Ms.
2.50 300.00
Messarn, P.E. of Collier County
9/7/2011
Revise site drawings based on comments received from Ms.
5.25 630.00
Messam, P.E. of Collier County
9/8/2011
Revise site drawings based on comments received from Collier
4.50 540.00
County Engineering staff
9/9/2011
Conference with Ms. Messam, P.E. of Collier County to request
3.25 390.00
summary of pay items for Collier Boulevard construction project;
review pay items; research FDOT Unit Cost Database; prepare
bid schedule for same
9/12/2011
Prepare bid schedule for work to be done off -site and on -site
4.25 510.00
separately; research FDOT Standards Index; research FDOT
Standard Specifications for Road and Bridge Construction;
research Collier County Standards; conference with Mr. Mesimer
Continued on next page
Packet Page -1499-
3/27/2012 Item 16.K.3. .
Ms. Lorena Hart Ludovici
Page 5
Hours Arnount
to review bid schedule
9/13/2011 Conference with Mr. Mesimer to review instructions of Collier
2.75 330.00
County representatives for preparation of construction plans;
drafting of cross - sections through proposed work
9/14/2011 Drafting of cross - access easements; forward drawings to Ms.
1.50 180.00
Ludovici along with legal descriptions
9/20/2011 Revise summary of pay items per Mr. Mesimer's instructions
2.25 270.00
9/21/2011 Conference with Mr. Mesimer; revise pay item summary and
0.50 60.00
forward to Collier County
Subtotal:
66.50 7,980.00
Reginald Mesimer P E
10/6/2008 Review appraisal prepared for Collier County review
2.25 438.75
construction plan
10/7/2008 Coordinate preparation of drawings for use in field review field
1.00 195.00
review
10/9/2008 Supervise drafting of existing improvements and roadways;
1.75 341.25
review field notes and photographs
10/10/2008 Coordinate preparation of drawings of existing and future
2.00 390.00
roadways
10/13/2008 Review Collier County Land Development Code
10/23/2008 Field review and property inspection to take supplemental site
1.75 341.25
2.50 487.50
measurements
1/28/2009 Conduct field review to observe driveway use
6/5/2009 Review and evaluate purposed site modifications; coordinate
4.00 780.00
1.50 292.50
various AutoTURN runs prior to and following the taking
6/8/2009 Coordinate drawing showing proposed site modifications
1.00 195.00
7/22/2009 Coordinate preparation of revisions to drawing showing proposed
2.50 487.50
site modifications
8/l/2009 Review updated plans and right -of -way maps
10/11/2010 Coordinate preparation of alternative site modifications showing
1.75 341.25
0.75
driveway moved east from original location
146.25
3/3/2011 Field review to observe grocery delivery; review existing uses
2.50
along corridor
487.50
3/11/2011 Review legal descriptions of cross- access agreements
1.50 292.50
Continued on next page
Packet Page -1500-
3/27/2012 Item 16.K.3. •
Ms. Lorena Hart Ludovici
Page 6
Hours Amount
3/16/2011 Coordinate preparation of AutoTURN runs on the Genesis plan;
2.25 438.75
preparation of alternative plan
3/17/2011 Coordinate preparation of shared driveway plan and AutoTURN
1.75 341.25
analysis relocating driveway to the east
3/18/2011 Prepare alternative site modification and grading and drainage
2.50 487.50
plan
3/21/2011 Coordinate preparation of alternate shared driveway plan,
1.00 195.00
relocated to the east
3/22/2011 Coordinate preparation of alternate shared driveway plan,
1.50 292.50
relocated to the east
3/23/2011 Prepare revised design of driveway exit per Mr. Hawkin's request
1.50 292.50
3/30/2011 Coordinate preparation of drawing comparing our driveway plan
0.50 97.50
and the plan provided by Genesis Group
4/5/2011 Conference with Mr. Hawkins of Genesis Group to discuss
0.75 146.25
alternative design concepts
4/15/2011 Conference with Ms. Ludovici; prepare revised access and
1.75 341.25
circulation plan
4/18/2011 Prepare for and participate in conference with Mr. Hawkins of
1.25 243.75
Genesis Group to discuss easement requirements
4/19/2011 Prepare for and participate in conference with Collier County
1.50 292.50
Traffic Engineering staff and Mr. Hendricks to discuss possible
options to provide exiting movement from site
4/21/2011 Coordinate preparation of alternative egress drawings
1.50 292.50
4/22/2011 Coordinate preparation of alternative egress drawings
1.75 341.25
5/4/2011 Conference with Mr. Hawkins to discuss potential joint use
0.75 146.25
egress options
5/12/2011 Prepare revised driveway plan completely on Circle K property
1.75 341.25
6/21/2011 Coordinate preparation of driveway construction plan; coordinate
2.75 536.25
field review to collect necessary data
6/22/2011 Coordinate field review
1.00 195.00
6/23/2011 Coordinate field review to obtain site elevations; prepare
1.75 341.25
construction plan
6/24/2011 Prepare driveway construction plans
2.75 536.25
6/27/2011 Prepare driveway construction plans
2.25 438.75
7/14/2011 Prepare driveway construction plan
2.50 487.50
7/15/2011 Prepare driveway construction plan
2.50 487.50
7/17/2011 Field review to verify drawings and drainage structure depths
3.50 682.50
7/18/2011 Prepare revised driveway plan following field review on 7/17/11
2.75 536.25
Continued on next page
Packet Page -1501-
- 1 3/27/2012 Item 16.K.3. W
Ms. Loren Hart Ludovici
Page 7
7/19/2011 Prepare construction plans; preparation of transmittal to Mr. Bolf
and others explaining rational for our design
7/26/2011 Revise driveway construction plan per comments from Mr.
Kevin Hendricks
8/5/2011 Coordinate drawing revisions
8/23/2011 Prepare for and participate in conference with County
representatives and Ms. Ludovici to discuss plan changes needed
by County; coordinate revisions
8/24/2011 Prepare construction plans per comments received from Collier
County representatives
8/25/2011 Prepare construction plans per comments received from Collier
County representatives
8/30/2011 Coordinate preparation of construction plans
8/31/2011 Prepare construction plans
9/6/2011 Revise site drawings based on comments received from Ms.
Messarn, P.E. of Collier County
9/7/2011 Revise site drawings based on comments received from Ms.
Messam, P.E. of Collier County
9/8/2011 Revise site drawings based on comments received from Collier
County Engineering staff
9/9/2011 Prepare cost estimate using Collier County's bid items
9/12/2011 Prepare site quantities calculations for on -site work and off -site
work separately
9/13/2011 Coordinate preparation of cross sections through work area
9/20/2011 Revise proposed plan and summary of pay items
9/2112011 Review pay item summary
10/7/2011 Review settlement language; conference with Ms. Ludovici to
discuss revisions to language
12/14/2011 Coordinate construction activities with Collier County's
contractor; conference with Ms. Ludovici to coordinate same
12/19/2011 Estimated time needed to coordinate and inspect construction
activities
Subtotal:
Total Professional Services:
Continued on next page
.
Packet Page -1502-
Hours
Amount
2.25
438.75
2.00
390.00
0.75
146.25
1.50
292.50
1.50
292.50
2.00
390.00
1.50
292.50
1.50
292.50
1.00
195.00
1.25
243.75
1.75
341.25
2.00
390.00
2.25
438.75
1.25
243.75
1.50
292.50
0.50
97.50
1.50
292.50
0.75
146.25
12.00
2,340.00
109.25 21, 303.75
330.25 S47,895.00
yF
l
I�
Total Amount Due .............$47,895.00
Packet Page -1503-
Emnloyee Summary
Name
Hours
Rate
Amount
Douglas B. Mesimer
21.25
145.00
$3,081.25
Frederick J. Mortimer, Sr.
46.00
110.00
$5,060.00
Jason M. Spencer
87.25
120.00
$10,470.00
John F, Ellinger
66.50
120.00
$7,980.00
Reginald Mesimer, P.E.
109.25
195.00
$21,303.75
Total Amount Due .............$47,895.00
Packet Page -1503-
COLLIER COUNTY, a political
subdivision of the State of
Florida,
Petitioner,
vs.
A L SUBS, INC., et al.,
Respondents.
3/27/2012 Item 16.K.3.
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT, IN
AND FOR COLLIER COUNTY,
FLORIDA
CIVIL ACTION
v
Case No. 09- 3691 -CA
�
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pm
Parcels: 111 Fee and 111 TCE
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NOTICE OF FILING DEFENDANT'S
ATTORNEY TIME SUMMARY
Defendant, CIRCLE K STORE, INC., by and through its undersigned counsel
hereby files an attorney time summary attached hereto at Exhibit "A" itemizing attorney
fees incurred in defense of the above - styled case for 131.60 hours totaling $45,208,00,
I HEREBY CERTIFY that a true copy of the foregoing has been furnished by U. S.
Mail to Heidi Ashton- Cicko, Esquire, Assistant County Attorney, Collier County Attorney's
Office, Harmon Turner Building, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112,
this 20th day of January 2012.
LUD0VltC1_. ESQUIRE
Florida o. 847062
GAYLORD MERLIN LUDOVICI & DIAZ
5001 West Cypress Street
Tampa, FL 33607 -3803
(813) 221 -9000
Attorneys for Defendant
CIRCLE K STORES INC.
Packet Page -1504-
- 3/27/2012 Item 16.K.3...
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Packet Page -1505-
LAWYER
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
PL
LHL
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
DATE
DESCRIPTION
HOUR
Aug -19 -08
Letter to Jason Smith at Collier County
0.30
Transportation Div requesting maps and plans
and copy of receipt by Circle K of Notice to
Business Owner
Aug -27 -08
Receive and review email from Sonja
0.30
Stephenson with attached construction plans
and right of way maps; forward same to
DBW for file
Aug -28 -08
Email from Nancy re Ben Bagheri
0.20
Sep -04 -08
Phone call to Bagheri; review lease; email to
2.00
Nancy re phone call; email from Nancy re
tenant claims with attached new lease and
retail agreement for site with Bagheri
Sep -11 -08
Email to Sonja Stephensen requesting
0.30
additional plan sheets
Sep -12 -08
Responsive email from Joan Smith at Collier
0.20
County
Oct -03 -08
Email from Collier County with attached
0.20
additional plan sheets as requested
Oct -06 -08
Review of construction plans; email to
1.40
Reggie Mesimer with construction plans and
right of way maps; email to Nancy re review
of lease and retail sales agreement with
Bagheri
Oct -07 -08
Emails to and from Nancy requesting survey,
0.40
site plans; instructions to DBW re plans
Oct -08 -08
Email to DBW instructions for preparation of
0.20
documents
Oct -09 -08
Review Stipulation and Wavier; forward
0.30
same to Nancy
Oct -29 -08
Phone conversation with tenant re business
0.30
damage claim; Email to LHL re same; email
to tenant with list of documents needed for
business damage claim
Nov -07 -08
Email from Nancy regarding tenant requests
0.20
Packet Page -1505-
LAWYER
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
PL
LHL
Invoice k 4995 Page 2
I .
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
3/27/2012 Item 16.K.3.
January 18, 2012
Nov -10 -08
Email to Nancy regarding tenant requests and
0.50 LHL
explanation of apportionment and business
damages
Nov -14 -08
Responsive email from Nancy regarding
0.30 LHL
tenant issues
Nov -19 -08
Email to Nancy responding to questions from
0.40 LHL
Nancy regarding tenant and business damages
Nov -20 -08
Email from Nancy re conference call
0.20 LHL
Nov -21 -08
Emails to and from Nancy regarding
0.30 LHL
conference date and time; email to DBW re
same
Nov -24 -08
Conference call with Circle K; review
2.00 LHL
Petroleum Market Practice Act and how it
relates to renewals of lease and
condemnation; revise lease clause; email to
Nancy
Nov -25 -08
Emails to and from Nancy regarding changes
0.50 LHL
in lease clause; revise lease clause per client
and send to same
Dec -01 -08
Email to Tom Bolf and Dale Bruschi
0.60 LHL
regarding Mesimer cure plan; conference call
with same; review of file for site inspections
assignment and liens
Dec -09 -08
Phone conversation with Tom Bolf; email
1.00 LHL
from and to Tom Bolf regarding term of lease
and tenant claims; forward same to Nancy at
Circle K; review email from Nancy
Dec -10 -08
Email to Tom Bolf regarding issues for tenant
0.30 LHL
Dec -11 -08
Phone conversation with Tom Bolf regarding
0.50 LHL
tenant; email to Nancy regarding phone
conversation with Tom Bolf; review of
document
Dec -13 -08
Email from Tom Bolf; call from same
0.40 LHL
Dec -16 -08
Call from Dale Bruschi re landlord tenant
0.30 LHL
issues in condemnation
Packet Page -1506-
A"*tI
3/27/2012 Item 16.K.3.
Invoice #; 4995 Page 3 January 18, 2012
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
Dec -19 -08
Call from Dale Bruschi re proposed cures for
0.40 LHL
site
Jan -14 -09
Email to Tom re condemnation provisions in
0.30 LHL
lease; forward same to Nancy
Jan -22 -09
Email from Bob Kittleson regarding
0.20 LHL
additional clauses to be drafted
Jan -26 -09
Prepare revisions to lease; email to and from
0.50 LHL
Circle K representatives regarding change in
language for lease; review email from Chris
Anderson to tenant
Jan -28 -09
Review emails from Circle K regarding lease;
0.40 LHL
review email from Bob Kittleson to Chris at
Circle K
LHL
Jan -31 -09
Phone conversation with Tom Bolf regarding
0.40
condemnation clause in lease
Feb -03 -09
Email from Tom Bolf requesting survey of
0.50 LHL
site; email to Nancy at Circle K requesting
survey; email from Nancy re same; review of
same; email to Tom Bolf with survey
Feb -05 -09
Phone conversation with Tom Bolf regarding
0.40 LHL
lease language and case status; call with
client re same
Feb -06 -09
Email from Nancy regarding tenant requests;
1.00 LHL
prepare revisions per client; email to Nancy
with revised clause; emails to and from Tom
Bolf requesting revisions to clause; forward
message to Nancy at Circle K; email to Tom
Bolf re same; email from Nancy
Feb -10 -09
Email from Nancy re tenant lease; response to
0.20 LHL
same
Feb -20 -09
Letter from Robert Zachary, Asst. County
0.30 LHL
Attorney, with Notification of Agency
Representation for Circle K stores
Feb -23 -09
Prepare documents for Circle K and forward
0.40 PL
same to Nancy at Circle K (KBP)
Feb -26 -09
Letter to Zachary, Esq. enclosing signed
0.20 LHL
Agency Representation form for Circle K
Packet Page -1507-
3/27/2012 Item 16.K.3.
Invoice #: 4995 Page 4 January 18, 2012
Packet Page -1508-
PL
LHL
PL
LHL
PL
LHL
PL
PL
PL
LHL
LHL
PL
I
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
Feb -27 -09
Forward fully executed documents to Nancy
0.20
at Circle K
May -08 -09
Call from Dale Bruschi re status of case
0.20
May -26 -09
Phone conversation with Kay at Collier
0.20
County Attorney's Office, email to LHL re
same
May -27 -09
Email to KBP with instructions regarding
0.20
new suit
May -28 -09
Email to Kay at Collier County Attorney's
0.20
Office requesting updated construction plans
Jun -03 -09
Receive and review letter from County
0.40
Attorney enclosure Acceptance of Service
and Waiver of Process with suit package for
Circle K.
Jun -08 -09
Follow up email to Kay regarding updated
0.20
construction plans; response from Kay re
same
Jun -12 -09
Email from Kay at Collier County with
0.30
updated plans for Circle K; forward same to
LHL
Jun -15 -09
Forward plans to Reggie Mesimer with info
0.20
regarding Order of Taking scheduled July
31st Email from Cyndi at Mesimer regarding
Reggie not being available for OT; response
re same(KBP)
Jun -23 -09
Preparation of initial responsive pleadings
2.00
including Answer, Motion to Allow W/D of
Funds, Notice of Hearing, Request for
Production and Interrogatories Propounded to
Petitioner
Jul -02 -09
Preparation of Circle K's response to
1.00
petitioner Request for Admissions
Jul -06 -09
Email to Kay at Collier County requesting an
0.40
extension in time to respond to discovery;
response from Kay re same; forward copy of
Tenant's answer to Petition to LHL
Packet Page -1508-
PL
LHL
PL
LHL
PL
LHL
PL
PL
PL
LHL
LHL
PL
I
Invoice #: 4995 Page 5
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
Jul -07 -09
Scan and sent discovery requests to Nancy at
0.40
Circle K requesting information
Jul -10 -09
Email from Kay at Collier County with
0.50
updated appraisals attached; forward same to
Reggie and LHL; email from Nancy at Circle
K regarding answers to Interrogatories;
Amended declaration in mail; forward same
to LHL
Jul -16 -09
Initial drafts of discovery responses prepared
1.00
for LHL review; email re same to LHL
Jul -21 -09
Follow up emails to LHL regarding discovery
0.50
responses; phone call from Robert Zachary
regarding Order of Taking hearing; email to
LHL re same
Jul -22 -09
Email to Nancy at Circle K regarding site
1.50
configuration after Taking; response from
Nancy re same; email from John at Mesimer's
with proposed driveway configuration;
forward same to Nancy at Circle K; revise
discovery responses
Jul -23 -09 Email from Kay at Collier County with map 1.00
attached in response to interrogatory #17c;
forward same to LHL; work on finalizing
answers to Interrogatories; forward same to
Nancy at Circle K for signing and return
Jul -24 -09 Preparation and filing Notice of Serving
Answers to Petitioner's First Set of
Interrogatories and prepare Response to
Petitioner's First Request for Production
Email from Nancy at Circle K with signed
answers to interrogatories
Jul -27 -09 Letter to Reggie Mesimer with CD of
construction plans, ROW maps, engineering
report, drawings and diagrams; receive and
review of discovery responses from Collier
County
Receive responses to discovery from Collier
County; scan and forward same to LHL for
review; forward maps and construction plans
Packet Page -1509-
3/27/2012 Item 16.K.3.
January 18, 2012
1.50
0.30
1.30
11x#7
PL
PL
PL
PL
LHL
PL
LHL
PL
LHL
PL
Invoice #
Jul -28 -09
Jul -31 -09
Aug -14 -09
Sep -09 -09
Sep -17 -09
Sep -24 -09
Oct -07 -09
Oct -O8 -09
Oct -09 -09
Oct -12 -09
Oct -13 -09
Oct -14 -09
4995
Page 6
3/27/2012 Item 16.K.3. -
January 18, 2012
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
to Reggie Mesimer (KBP)
Call from Bruschi re driveway issue and
0.80
LHL
attendance at OT; conference with Blake re
OT hearing
Site inspection; attendance at Order of Taking
5.00
BHG
and Motion to Withdraw hearing with Judge
Pivacek
Email message from KBP regarding Motiva
0.30
LHL
calling; response re same; follow -up email to
Robert Zachary regarding driveway issue
Email to Robert Zachary in follow -up to
0.20
LHL
driveway configuration
Call from Tom Bolf re driveway and status of
0.30
LHL
case
Scan copy of Order of Taking; email same to
0.40
PL
LHL and BHG
Email from Tom Bolf regarding restoring
0.30
LHL
AW
access point; response to same
Receive and review Corrected Order of
0.30
LHL
Taking and Notice of Deposit
Receive and review Notice of Deposit and
0.20
LHL
Corrected Order of Taking
Scan Notice of Deposit and email to Reggie
0.30
PL
Mesimer; email Order of Taking and
Corrected Order of Taking to Nancy at Circle
K
Review Notice of Dropping Party re Motiva;
0.50
LHL
email re same; email to Zachary with
alternative driveway configuration.; emails
from Tom Bolf re driveway and cure
Scan and email Notice of Dropping Party to
0.20
PL
LHL; response from LHL
Email to Tax Collector requesting proration
0.40
PL
of taxes based upon area taken shown in
Order of Taking
Email from Tom Bolf regarding traffic study;
0.30
LHL
reply to same
Packet Page -1510-
- 3/27/2012 Item 16.K.3. .
Invoice #: 4995 Page 7 January 18, 2012
Feb -02 -10
EXHIBIT "A"
0.30
ATTORNEY TIME SUMMARY
Apr -20 -10
Collier County v. AL Subs, et al
0.50
Circle K #2211031 (Tollgate blvd., at SR 84)
Email from Kelly at Tax Collector's office
0.20
1.20
with prorated tax amount due County
message to Robert Zachary outlining Circle
Nov -12 -09
Follow -up email with Robert Zachary
0.30
regarding driveway design
Emails from and to Tom Bolf regarding
Nov -23 -09
Receive and review Order allowing
0.60
withdrawal of funds; email to Tom Bolf with
Review Interrogatories and email to Tom
0.40
latest driveway design; call from same re
Bolf; call with Zachary
driveway and landscape buffer
Call with Robert Zachary; email to Robert
0.50
Scan Order to Allow W/D of Funds and email
0.20
to BHG and LHL
requesting dates for same
Dec -02 -09
Receive good faith estimate deposit from
0.50
Court; emails to LHL
Dec -07 -09
Email from Nancy at Circle K request update
0.40
on status of case; email to Nancy re same;
follow -up email to Robert Zachary re
driveway issue
Dec -31 -09
Email from Torn Bolf regarding status of
0.40
driveway cure; email in response re same
Jan-27 -10
Email from Collier County attorney's office
0.20
re appraisals; email reply to same
Feb -02 -10
Emails from and to Tom Bolf regarding
0.30
resolving driveway issue
Apr -20 -10
Emails from and to Tom Bolf regarding
0.50
Petrogates preferred driveway configuration
Apr -21 -10
Email to client re settlement authority; email
1.20
message to Robert Zachary outlining Circle
K's offer of settlement
Jun -07 -10
Emails from and to Tom Bolf regarding
0.20
interrogatory questions
Jun -08 -10
Review Interrogatories and email to Tom
0.40
Bolf; call with Zachary
Aug -12 -10
Call with Robert Zachary; email to Robert
0.50
Zachary regarding settlement conference
requesting dates for same
Packet Page -1511 -
PL
LHL
LHL
PL
PL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
3/27/2012 Item 16.K.3. —
Invoice #: 4995 Page 8 January its, Lail-
Mesimer and Collier County Engineer; call
Packet Page -1512-
LHL
PL
LHL
LHL
PL
LHL
PL
PL
PL
PL
PL
PL
PL
PL
LHL
LHL
n""If'I
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
Aug -18 -10
Follow -up email to Zachary for settlement
0.20
conference dates
Aug -24 -10
Phone call to Rosa in Zachary's office re
0.20
settlement date; email to LHL re same
Aug -30 -10
Review of Orders from Court
0.30
Sep -02 -10
Email from Tom Bolf Esq. regarding
0.60
unavailability for case management
conference Oct. I; voicemail from same;
review proposed order; review of emails from
same; conversation with J.A.; email to Tom
Bolf
Sep -08 -10
Phone call to Rosa in Zachary's office; phone
0.50
call to Reggie's Office to get dates for
settlement conference from Reggie Mesimer's
office; email to LHL re same
Sep -09 -10
Review of potential dates to meet with
0.20
Reggie and Collier County; email to KBP re
dates for meeting
Email to Rosa in Zachary's office with
0.30
proposed dates for settlement conference
Sep -10 -10
Email to Rosa, Oct Ist no longer good date
0.20
for conference
Sep -14 -10
Follow -up email to Rosa regarding meeting;
0.20
responsive email re same for Oct. 11 th dates
Sep -16 -10
Follow -up email on 10/11 date confirmation
0.20
Sep -20 -10
Phone call to Rosa in Zachary's office
0.20
Sep -22 -10
Email to Rosa to confirm parties attending
0.20
meeting for Collier County; response re same
Sep -23 -10
Emails and phone calls re setting up meeting
1.00
October l 1
Sep -27 -10
Continued emails and phone calls re meeting
0.30
on October l l
Sep -30 -10
Email from KBP; review of Order Denying
0.40
Petrogate's request
Oct -11 -10
Meeting on site with Robert Zachary, Reggie
5.00
Mesimer and Collier County Engineer; call
Packet Page -1512-
LHL
PL
LHL
LHL
PL
LHL
PL
PL
PL
PL
PL
PL
PL
PL
LHL
LHL
n""If'I
- 3/27/2012 Item 16.K.3. —
Invoice #: 4995 Page 9 January 18, 2012
I
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
with client re same
Oct -26 -10
Email from John Mesimer with attached
0.50 LHL
revised drawing; review drawing; email to
Robert Zachary with attached driveway shift
Oct -27 -10
Email from Zachary re drawing
0.30 LHL
Nov -09 -10
Review of file; email Robert Zachary re
0.20 LHL
driveway shift approval
Dec -01 -10
Follow -up to Zachary email re approval of
0.20 LHL
driveway
Feb -07 -11
Emails to Marlene Messam re design of new
0.50 LIB,
proposed driveway; response from same
Feb -08 -11
Review email from Marlene; call to Reggie re
0.70 LHL
same; prepare email to Marlene Messam;
email to Mesimer
Feb -10 -11
Call from Fred Isaac; review of e -mail from
1.00 LHL
same; forward proposal to client and
Mesimer; e-mail from Mesimer; call from
client
Feb -11 -11
Email from client re Buddy Burger's cure
0.40 LHL
Feb -14 -11
Call with client; prepare emial to Tom Bolf
1.30 LHL
with attachments; email to Fred Isaacs
Feb -22 -11
Call with Tom Bolf; call to John Carter with
2.00 LHL
the court; review of proposed eminent
domain order; review of service list; call to
Tom Bolf re cure; emails to and from John
Carter
Feb -24 -11
Call from Tom Bolf; e-mail from same;
0.40 LHL
forward e -mail to Fred Isaac and client;
review email from client; email from Tom
Bolf
Feb -28 -11
Review of Mesimer's plans; email to client re
2.00 LHL
surveyor before take size; forward to
i
Mesimer; continued preparation of proposed
order
Mar -Ol -11
Analyze order scheduling Case Management
1.50 LHL
Conference; distribute to all attomeys
LHL
Packet Page -1513-
3/27/2012 Item 16.K.3.
Invoice #: 4995 Page 10 January 16, zv i z
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K 92211031 (Tollgate blvd., at SR 84)
Mar -02 -11 Call from Tony Policastro re setting case for 0.30
trial and case management
Mar -03 -11 Call with Tom Bolf re coordination of case 0.50
management; e-mail from Tony Policastro;
emial cure to Tony
Mar -04 -11 Work on preparation of pre -trial order 0.50
Mar -07 -11 Preparation of e-mail to all parties with 1.00
updated order; call from Charlie Forman re
same and call to Heidi Ashton re same;
e -mail from Fred Isaac and review attachment
from same; email from Heidi Ashton re
pre -trial order; email from Charlie Stratton
Mar -08 -11 Emails to and from Heidi Ashton re case 0.30
management conference and proposed
pre -trial order;
Mar -09 -11 Emails to Tony and Charlie re delaying 0.50
mediation; email from Will Smith; emial to
Reggie re additional research needed; email
from Jeff Sterman
Mar -10 -11 Email from Heidi Ashton requesting sketch 0.30
for driveway depicting guardrail and retaining
wall; email to Reggie Mesimer re same
Mar -11 -11 Emails to and from Fred Isaac re Vocisano 0.50
Cure Right Only cure; emails to Heidi
Ashton re right out cure and cure to site
inspections; forward to Mesimer new cure;
pull documents of title to be sent to Mesimer
LHL
LHL
LHL
LHL
LHL
LHL
LHL
Mar -15 -11 Emails to and from Heidi Ashton re 1.00 LHL
scheduling mediation and form of Stipulated
Final Judgment; call from Fred Isaac; a -mails
from Heidi re mediation dates earlier than
what was proposed; a -mails to and from
same; email to Mesimer with instructions to
revise drawing per call with Fred Isaac
Mar -16 -11 E -mail from Mesimer; review e-mail from 0.60 LHL
Jason and call to same re additional drawing
needed showing workable access; e-mail to
Heidi and Fred drawing showing tankers not
able to exit site inspections.
Mar -17 -11 Emails to Reggie re documents needed; 0.20 LHL
Packet Page -1514-
Packet Page -1515-
3/27/2012 Item 16.K.3.
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
review of same
Mar -18 -11
Return call to Tony Policastro re driveway 3.50
LHL
cure; call to Reggie Mesimer re needed cures;
call to client re vacation dates for setting trial;
attend case management conference;
conference with Dale Bruschi re driveway
configuration and business damage claim;
revise dates in proposed case management
order
Mar-21-11
Call with Reggie Mesimer re additional 1.80
LHL
drawing needed and review of a -mails
drawings from same; Review of proposed
order from Heidi Ashton; e-mail to same;
preparation of e -mail to client with different
cure scenarios; call with client and e-mail
from same; preparation of e-mail to Tom
Bolf, Fred Isaac and Tony Policastro re
driveway cure; email from Will Smith; email
repayment of taxes from deposit; forward to
Kate for handling
Mar -22 -11
Email to client re claim of tax collector that 0.30
LHL
funds were not paid; email from Donna re tax
payment; emails from client
Mar -23 -11
E -mails to and from Fred Isaac re driveway 0.50
LHL
cure; forward to Reggie Mesimer new
driveway proposal to check for truck egress;
e -mail to Tom Bolf and Tony
Mar -28 -11
Review of e-mail and attachments from John 0.80
LHL
Ellinger; emails to and from same re
attachments for sidewalk easement; e- mails to
and from Tony Policastro re driveway cure;
call with same re same; e-mail to all easement
holders regarding driveway proposal; a -mails
to and from Tony Policastro re same; call
from Tom Bolf re same; e-mail to Reggie re
Fred Issac's driveway
Mar -29 -11
Email from Fred Isaac; call to Reggie 0.40
LHL
Mesimer re proposed driveway from Fred
Isaac.
Mar -30 -11
E -mail from Fred Isaac; preparation of e -mail 0.30
LHL
to Reggie re Isaac's proposed driveway;
Packet Page -1515-
3/27/2012 Item 16.K.3.
Invoice #: 4995 Page 11 January 18, 2012
EXHIBIT "A"
ATTORNEY TBM SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
Mar -31 -11
Call from Tony Policastro re driveway issue;
0.60 LHL
LHL
e -mails to and from client re proposed
Reggie and send e-mail to same re county's
modifications and call to Reggie re same; call
concerns over proposed driveway; send
to Tom Bolf
Apr -01 -11
Email from Heidi Ashton re waiver of claims;
0.30 LHL
email to Bolf and Isaacs re same
to and from Heidi
LHL
Apr -04 -11
Emails from Fred Isaac; email to Heidi; email
0.50
to Tom Bolf and Tony Policastro
Apr -06 -11
Receive and review email from Heidi
0.30 LHL
0.40
regarding revisions to trial order.
Apr -08 -11
Emails to and from Heidi regarding proposed
1.00 LHL
Apr -20 -11
trial order and review and revise trial order;
0.40
LHL
email to Tom Bolf
and review of driveway plans; emails from
Apr -12 -11
Calls to and from Tom Bolf re site and order;
0.30 LHL
Heidi and Fred re setting conference call;
finalize proposed order with tracked changes
and send to Tom and Heidi
Apr -13 -11
Call from Tom Bolf and e-mail from same;
1.50 LHL
1.50
e -mail to Heidi and other tenants /owners re
driveway cure; review of new cure from Ladd
driveway agreement; e-mail to client re
tenant's demands in case; e-mails to and from
client re same; e-mail from Tom re proposed
order; review of agreed order and changes to
same
Apr -15 -11
Call from Heidi; e-mail to same; call to
1.20
LHL
Reggie and send e-mail to same re county's
concerns over proposed driveway; send
e -mail to Fred Isaac re call with Heidi; emails
to and from Heidi
Apr -18 -11
Email from and to Fred Isaac and Heidi
0.40
LHL
Ashton re driveway configuration
Apr -19 -11
Emails from Heidi Ashton and Fred Isaac re
0.40
LHL
driveway placement
Apr -20 -11
Email to Reggie Mesimer re revised drawings
0.40
LHL
and review of driveway plans; emails from
Heidi and Fred re setting conference call;
email to client
Apr -21 -11
Calls to and from Reggie Mesimer re
1.50
LHL
driveway cure; review of new cure from Ladd
Hawkins and forward same to Heidi;
Packet Page -1516-
3/27/2012 Item 16.K.3.
Invoice #: 4995 Page 12 January 18, 2012
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 94)
conference call with Heidi and Fred Isaac re
driveway configuration; follow up call to
Reggie re additional work needed; review
drawing from
Jason; scan and e-mail drawing with
proposed changes to Reggie
Apr -22 -11 E -mails to and from Jason re driveway 0.80 LHL
proposals; e-mail from same re saving sign
and gaining space back; review of modified
drawing showing additional space; send
driveway proposals to client for consideration
Apr -25 -11 E -mails to and from Fred Isaac; call with 0.70 LHL
same; call and e-mail to Reggie Mesimer re
contacting Ladd Hawkins for driveway
design
Apr -27 -11 Follow -up email from Tom Bolf 0.20 LHL
Apr -29 -11 Response to Tom Bolf email regarding 0.40 LHL
extension of lease; email from Tom Bolf re
same; receipt and review of court order
setting trial
May -02 -11 Email to Tom Tolf re lease extension 0.20 LHL
May -04 -11 E -mail to and from Tom Bolf; e-mail to Jason 2.00 LHL
at Mesimer's office; e-mail to Heidi re
driveway proposal that was not accepted by
Buddy's. E -mail from Heidi re amending
easements; e-mail to Heidi re same; review of
reciprocal easements on the property; e-mail
to client re agreement to amend easements
and to submit changes to committee for
approval; email to Reggie regarding new
driveway cure drawing; email from Heidi
Ashton re Reggie's new drawing; emails to
and from Heidi regarding driveway cures and
plans; detailed email to Nancy at Circle K
May -11 -11 Call with Reggie re status of plans after 0.60 LHL
talking with Ladd Hawkins and county's plan
to build driveway on CK site; review of past
proposals; e-mail to Heidi re status; review of
plans; call to Reggie re revisions needed
Packet Page -1517-
Packet Page -1518-
I
3/27/2012 Item 16.K.3.
' Invoice #;
4995 Page 13
January la, zuiz
i
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
May -12 -11
Email from Heidi Ashton; email from
0.50 LHL
Reggie's office with revised driveway
drawing; email to Nancy with more driveway
options
May -13 -11
Email to Fred Isaac re driveways
0.20 LHL
May -18 -11
Email from Reggie; email to Heidi Ashton
0.30 LHL
with two more options based upon Hawkins
conversation
May -20 -11
Email from Heidi Ashton re allowing Circle
0.40 LHL
K an exit on Beck
May -22 -11
Work on proposal for driveways; email to
0.50 LHL
Reggie Mesimer for review of language re
driveway on Beck
LHL
May -23 -11
Emails to and from Reggie Mesimer
0.40
regarding driveway settlement language
May -24 -11
Emails to and from Heidi Ashton re
0.30 LHL
''
settlement proposals and terms thereof
May -25 -11
Emails to and from Heidi Ashton and Tom
0.40 LHL
Bolf regarding Stipulated Order Setting Jury
Trial; emails regarding scheduling mediation
and choice of Mediator
May -26 -11
Forward copy of planning letter to .Heidi
0.20 LHL
Ashton where County will no longer require a
landscape buffer
May -31 -11
Email from Heidi Ashton on Amended
0.70 LHL
Agreed Order; work on edits to Amended
Agreed Order and forward to Heidi Ashton
and Tom Bolf; review comparison of revised
orders
Jun -01 -11
Emails from Heidi Ashton and Tom Bolf
0.20 LHL
approving language in Amended Agreed
Order
Jun -02 -11
Emails to and from Heidi re revised order;
0.50 LHL
execute same; call from Tom Bolf re his
conversation with Heidi and purpose of new
order
Jun -08 -11
Call with Tom Bolf re proposed Order; call to
1.00 LHL
Packet Page -1518-
3/27/2012 Item 16.K.3.
' Invoice #: 4995 Page 14 January 18, 2u t
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
Heidi Ashton re Tom's refusal to sign same
without a settlement conference to extend the
lease; call to client re same; call to Jess
Collister to retain as an appraiser; preparation
of witness list
Jun -09 -11
Review of email from Heidi; receipt and
0.20 LHL
review of e-mail with signed stipulation
attached; forward same to Heidi with a
request to file same
Jun -10 -11
E -mail from and call with Heidi Ashton re
0.20 LHL
County's decision on driveway
Jun -13 -11
Receipt of e-mail from Heidi Ashton; forward
1.00 LHL
same with questions for Reggie; Forward
e -mail to client with suggestions on dealing
with tenant; call with client; receipt of plan
sheets and review of same from Wanda;
prepare email to David DePew
Jun -14 -11
Receipt and review emails from Tom Bolf to
0.80 LHL
Heidi Ashton with question from Tom re
driveway access; forward same to Reggie
Mesimer; email to Nancy re site plan and
as -built survey; response from Nancy
Jun -15 -11
Call with Heidi Ashton; call to Reggie
0.70 LHL
Mesimer and prepare e-mail to same
explaining what needs to be accomplished;
call to client re covenants and land
Jun -21 -11
Email to Tom Bolf re language for
0.30 LHL
settlement; email to Reggie Mesimer re same;
email from Tom Bolf re same
Jun -22 -11
Emails re obtaining survey elevations for
0.30 LHL
proposed new plan; email from Jason at
Mesimer's office re elevations; reply to same
Email to and from Heidi Ashton and Gail
0.50 PL
regarding obtaining survey elevations; email
to Kevin Hendricks requesting survey
elevations
Jun -24 -11
Email from Heidi Ashton with site elevations
0.40 LHL
as requested; forward same to Jason at
Mesimer's office
Jul -06 -11
Emails from Heidi and Tom Bolf re progress
0.50 LHL
Packet Page -1519-
3/27/2012 Item 16.x.3.
Invoice #: 4995 Page 15 January 18, 2012
Packet Page -1520-
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
on new plan for Circle K; response to same;
call with Reggie Mesimer
Follow -up email to Heidi Ashton regarding
0.20 PL
status of Amended Order for Jury Trial
Jul- 11 -1.1
Email from Heidi re status of new driveway
0.20 LHL
plan
Jul -12 -11
Follow -up email to Reggie re status of new
0.20 LHL
driveway plan
Jul -13 -11
Receipt and review of email from Reggie
0.30 LHL
Mesimer to Kevin Hendricks regarding
survey information; email to Heidi Ashton re
same
Jul -14 -11
Email to Reggie regarding possible missing
0.30 LHL
cross section sheets
Jul -18 -11
Email from Reggie re site inspection; revised
0.80 LHL
drawing per site inspection; email to Heidi
and Kevin Hendricks with revised drawing;
email to Jason re identifying easement
agreement;
email to Nancy with revised drawing for
approval; email from Nancy
Jul -19 -11
Emails to and from Reggie regarding new site
0.60 LHL
inspections plan drawing; email from Kevin
Hendricks; email to Reggie re visibility
LHL
Jul -25 -11
Email from Heidi Ashton requesting enlarged
0.40
copies of Reggie's new site plan; email to
Heidi re same; email from Kevin Hendricks
re corrective language; forward same to
Reggie
Jul -28 -11
Follow -up email to David DePew re
0.40 LHL
language; forward email from Kevin
Hendricks re corrective language to Tom
Bolf; email from Jason in Mesimer's office
with driveway plan; email to Nancy at Circle
K regarding request for extension of Lease
from Tom Bolf s client
Jul -29 -11
Forward email to Tom Bolf regarding
0.20 LHL
correction by Kevin Hendricks
Packet Page -1520-
3/27/2012 Item 16.K.3.
Invoice #: 4995 Page 16 January 18, 2012
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
Aug -01 -11 Email from Nancy at CircleK regarding 0.20
scheduling conference call between CK
representatives and Tom Bolf and Ben
Bagheri
Aug -02 -11 Email to Nancy at Circlek and Tom Bolf re 0.40
scheduling conference call
Aug -03 -11
Emails to and from Tom Bolf re moving
0.30
conference call to August; emails to and from
Nancy at CircleK re same
Aug -05 -11
Emails to Heidi Ashton regarding
0.20
superimposing Reggie's Plan on current plan
to see where it ties in to current plan
Aug -10 -11
Emails to and from Tom Bolf and Heidi
0.30
Ashton regarding revised plans with
superimposed; follow up email to Reggie re
same
Aug -11 -11
Phone calls and emails to and from Nancy at
0.50
Circle K and Tom Bolf re setting phone
conference and items to be discussed
Aug -12 -11
Emails to and from Tom Bolf confirming
0.40
conference call with Circle K; email to Nancy
re conference call with Tom Bolf and tenant;
confirming email from Tom Bolf
Aug -15 -11
Confirming emails from Nancy and Mike
0.30
Merrifield at Circle K re conference call
Aug -16 -11
Emails from Nancy at Circle K regarding
0.20
conference call and starting early to discuss
plans for extension
Aug -17 -11
Additional emails from Nancy re conference
0.20
call
Aug -18 -11 Follow -up emails on Second Amended 1.00
Agreed Order; call from Tom Bolf re
driveway; conference call with client and
other team representatives from CircleK;
conference call with Circle K reps., Tom Bolf
and tenant; email from Heidi to schedule
conference call
Aug -19 -11 Email from Tom Bolf re Second Amended 0.40
Agreed Order; email from Reggie with Cure
Overlay attached
Packet Page -1521-
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
3/27/2012 Item 16.K.3.
Invoice #: 4995 Page 17 January 18, 2u 12
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K 42211031 (Tollgate blvd., at SR 84)
Aug -22 -11
Receipt and review of transmittal letter to
0.30 LHL
Judge with Second Amended Agreed Order
Aug -23 -11
Receipt and review of email re permitting
1.20 LHL
status; prepare for and attend conference call
with Heidi Ashton, Ahmad Jay, Kevin
Hendricks; email from Reggie with overlay
plans; email from Kevin Hendricks re
proposal of settlement and send same to
Mesimer; conference call with Reggie and
Jim
Aug -31 -11
Receipt and review of email from Jason at
0.40 LHL
Mesimer's to Marlene Messam regarding
driveway connection drawings
Sep -06 -11
Update email from Reggie Mesimer re
0.20 LHL
approval of driveway connection
Sep -07 -11
Receipt and review of email from Heidi
0.40 LHL
Ashton with attached comments re driveway
connection from Marleen Messam at County
Sep -09 -11
Email to Heidi Ashton re obtaining bid on
0.30 LHL
driveway work
Sep -12 -11
Email from Heidi Ashton; a -mails to and
0.40 LHL
from Tom Bolf; call to Heidi; email to client
re resolution of case; email to Reggie re
proposed lanaguage
Sep -13 -11
Email from Reggie re proposed language
0.30 LHL
Sep -14 -11
Email from Jason at Mesimer's regarding
0.30 LHL
cross access easements; review of same
Sep -26 -11
Email from Nancy at Circle K with questions
0.40 LHL
regarding construction schedule; email to
Heidi Ashton re road construction schedule
Sep -27 -11
Email from and to Heidi Ashton re
0.40 LHL
construction period for new driveway
LHL
Sep -28 -11
Email from Heidi Ashton with proposed Stip
0.30
Final Judgment
Sep -29 -11
Email to Reggie and Tom Bolf regarding
0.30 LHL
language in Proposed Stipulated Final
Packet Page -1522-
i
3/27/2012 Item 16.K.3.
Invoice #: 4995 Page 18 January 18, 2012
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
Judgment
Oct -05 -11
Email from Tom Bolf re proposed language
0.80
in Stip Final Judgment; email to Reggie re
phone conference regarding same; revise
proposed Judgment
Oct -06 -11
Email from Heidi Ashton following up
0.20
regarding proposed Stip. Final Judgment
Oct -07 -11
Email from Reggie re building codes; revise
0.80
judgment; email to Tom and Reggie
regarding form of stipulated final judgment;
call with Reggie re language in stipulation;
email from Tom Bolf re Stip FJ
Oct -10 -11
Email from Nancy at Circle K regarding
1.50
taking and construction; work on response to
Nancy re same; work on Stipulated Final
Judgment language; email to Heidi Ashton re
same; email to Nancy re obtaining cost
estimate for construction; email to Reggie
regarding costs for construction from County;
email to Heidi requesting county approved
construction plans for construction costs
estimate
Oct -13 -11
Email response from Heidi re plans; email
0.20
from Heidi with latest plans attached; forward
same to Reggie Mesimer
Oct -14 -11
Email from Reggie re obtaining construction
0.20
costs
Oct -17 -11
Email from Heidi Ashton requesting
0.20
boundary survey
Oct -18 -11
Review of proposed changes to SFJ by Heidi;
0.80
forward same to Tom Bolf and Reggie
Mesimer; email to Heidi re need for boundary
survey; forward old boundary survey
Oct -20 -11
Email from Tom Bolf re changes in SFJ;
0.50
revise accordingly
Oct -24 -11
Email to Tom Bolf re comment on SFJ and
0.40
pre- existing non - conformities being grand
fathered in
Packet Page -1523-
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
LHL
Packet Page -1524-
a+�uaauaa n
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR
84)
Oct -26 -11
Email from Reggie with comments on latest
1.00
form of SFJ from Heidi Ashton; call and
email to Heidi regarding a natural disaster
and replacement of the property; confirming
email from Heidi
Oct -31 -11
Email from Heidi Ashton with revised SFJ;
0.50 LHL
work on revisions to same; email to Heidi re
same; email from Reggie re guaranties
Nov -01 -11
Responsive email from Heidi Ashton; email
0.30 LHL
to Heidi regarding location of sign
Nov -02 -11
Emails from Tom Bolf approving basic form
0.20 LHL
of SFJ and making minor changes
Phone conversation with Tom Bolf re
0.20 PL
approval of form of SFJ; email to LHL re
conversation
Nov-07-11
Email from Heidi Ashton re language in
0.20 LHL
stipulated FJ
Nov -08 -11
Review of email and attachment from Heidi
0.20 LHL
and call to same regarding change to
Stipulated Final Judgment
Nov -09 -11
Emails to and from Heidi; call to Gail
1.50 LHL
Bonham; call with client; calls and emails to
and from client; revisions to stipulations;
email to Dale Bruschi; review of easement
document for access for Waffle House; pull
plans and review same
Forward signed copy of SFJ to Heidi Ashton
0.30 PL
and Dale Bruschi with request for Mr.
Bruschi to sign and forward his copy as soon
as possible (dbw)
Nov -10 -11
Email update on construction of the project to
0.20 LHL
Nancy at Circle K
Nov -14 -11
Receipt and review of email from Bruschi to
0.20 LHL
Heidi with signed SFJ; email from Heidi
Dec -05 -11
Email from Tom Bolf re status of SFJ;
0.20 LHL
response re same; email from Heidi SFJ
going to Board Dec. 13
Packet Page -1524-
-- 3/27/2012 Item 16.K.3.
Invoice #; 4995 Page 19 January 18, 2012
EXHIBIT "A"
ATTORNEY TIME SUMMARY
Collier County v. AL Subs, et al
Circle K #2211031 (Tollgate blvd., at SR 84)
Dec -13 -11
Email from Heidi re approval of SFJ by
0.20
LHL
5.00
Board of County Commissioners; email to
13.10
$100.00
Reggie re obtaining bid from county's
contractor or construction
Dec -14 -11
Emails from Reggie regarding request for
0.60
LHL
construction costs estimate from County
Contractor; call with Reggie re same
LHL
Dec -19 -11
Receipt and review of email from Mesimer's
0.50
office to County Contractor regarding
construction costs; receipt and review of
email from T. Carmichael to John Mesimer
about proposed work at Circle K site
Jan-04 -12
Email from Tom Bolf; email to same and
0.20
LHL
Reggie Mesimer
Jan-12 -12
Email from Heidi and response to same; call
0.20
LHL
to Reggie Mesimer
Totals
FEE SUMMARY
Lawyer
Lorena H. Ludovici
Blake H. Gaylord
Paralegal
Hours
Effective Rate
113.50
$375.00
5.00
$275.00
13.10
$100.00
Packet Page -1525-
131.60 $45,208.00
Amount
$42,562.50
$1,375.00
$1,270.50