Agenda 06/26/2012 Item #16A13- `26"") i . i Iterr
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EXECUTIVE SUMMARY
Recommendation to approve an increase in the amount of the Purchase Order for Equable
Real Estate Solutions, a real estate appraisal firm, which is providing the County's expert
witness services in the pending eminent domain valuation trial in the case styled Collier
County v. Stonebridge Country Club Community Association, et al, Project No. 60116.
(Fiscal Impact: Not to Exceed $50,000)
OBJECTIVE: To secure the Board's approval to increase the purchase order for the real estate
firm of Equable Real Estate Solutions, Inc., the County's principal expert witness in the pending
eminent domain valuation trial from $49,000 to $99,000.
CONSIDERATIONS: The property being appraised is the Greentree Shopping Center at the
southwest corner of the intersection of Immokalee Road and Airport- Pulling Road, a portion of
which was condemned in connection with the six -laning of Immokalee Road. This case has
recently been assigned to a new judge and a trial is tentatively set for September of 2012.
Although the County has filed motions with the court, which may obviate the need for the trial
altogether, the county must be fully prepared to take this matter to trial in September. That
means the County's lawyers must prepare its witnesses for direct and cross examination prior to
their appearances in the courtroom. The existing purchase order for these services, originally
issued for $49,000, currently has a balance of only $4,815.
In an eminent domain valuation trial, the appraisal witness is usually the most expensive expert
witness due to the fact that the real estate appraiser must incorporate in the appraisal report, and
through his testimony at trial, the work of several other experts, including surveyors, drainage
engineers, and land planners. While the hearings to be held on the county's motions are set for
this July, in the event of an unfavorable ruling, the county needs to be prepared for a valuation
trial in a very short time. Although it may not be necessary to exceed the original amount of the
purchase order (if the county prevails on its pending motions), staff is requesting that the
purchase order be increased to $99,000 so that the county may procure expert witness services, if
necessary.
It is not uncommon for the appraisal witness' fees in an eminent domain valuation trial to exceed
$100,000, especially in a case such as this, where the amount in controversy is in excess of
$6,000,000. With this executive summary, staff and the Office of the County Attorney are
seeking the Board's approval to increase the existing purchase order for Equable Real Estate
Solutions, Inc., from the current amount of $49,000 to a total limit of $99,000.
FISCAL IMPACT: The additional funds in the amount of $50,000 are available from Road
Impact Fee District Four. Source of funds are road impact fees.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this recommendation.
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LEGAL CONSIDERATIONS: This item iS i:galiy sufficient fo:- Board actior:, and requires L.
majority vote for Board approval. STW
RECOMMENDATION: That the Board of County Commissioners approve an increase in the
existing purchase order for Equable Real Estate Solutions, Inc., from $49,000 to $99,000.
Prepared By: Kevin Hendricks, Right -of -Way Acquisition Manager
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13.
Item Summary: Recommendation to approve an increase in the amount of the Purchase
Order for Equable Real Estate Solutions, a real estate appraisal firm, which is providing the
County's primary expert witness services in the pending eminent domain valuation trial in the
case styled Collier County v. Stonebridge Country Club Community Association, et al, Project
No. 60116. (Fiscal Impact: Not to Exceed $50,000)
Meeting Date: 6/26/2012
Prepared By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
6/12/2012 11:11:48 AM
Approved By
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 6/13/2012 10:58:04 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 6/13/2012 11:50:38 AM
Name: ShueGene
Date: 6/13/2012 12:59:26 PM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 6/13/2012 2:41:09 PM
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 6/13/2012 3:06:14 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
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Date: 6/13/2012 5:16:37 PM
Name: WilliamsSteven
Title: Assistant County Attomey,County Attorney
Date: 6/15/2012 10:13:36 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/15/2012 10:58:22 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 6/18/2012 2:04:18 PM
Name: OchsLeo
Title: County Manager
Date: 6/18/2012 3:25:00 PM
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