Agenda 02/22/2011 Item #16K4
2/22/2011 Item 16.K.4.
EXECUTIVE SUMMARY
Approve an Agreed Order awarding expert fees in connection with the acquisition of Parcels 701R,
901R, 801N, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903, 704, 904, 705, 905, 830, 930, 831, 931,
832R and 932R in the lawsuit styled Collier County, Florida v. Vision & Faith, Inc., et ai, Case No. 05-
1275-CA, SCRWTP RO Wellfield Expansion Project #70892 (Fiscal Impact $73,390)
OBJECTIVE: That the Board approve the expert fees and costs associated with the acquisition of Parcels
701R, 901R, 801N, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903, 704, 904, 705, 905,830,930,831,
931, 832R and 932R in the lawsuit styled Collier County, Florida v. Vision & Faith, Inc., et aI, Case No. 05-
1275-CA).
CONSIDERATIONS: On October 5, 2005, an Order of Taking was entered in Collier County Circuit
Court regarding the acquisition of easements for the SCRWTP RO Wellfield Expansion Project (Project No.
70892). On October 20, 2005, Collier County deposited with the Registry of the Court the sum of $285,900
for Parcels 701R, 901R, 801N, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903, 704, 904, 705, 905, 830,
930,831,931, 832R and 932R in accordance with the Order of Taking.
These parcels were required as part of the South County Regional Water Treatment Plant Reverse Osmosis
expansion, and more particularly, the 20-MGD wellfield expansion to support the treatment facility.
On November 9, 2010, the Board of County Commissioners approved a Stipulated Final Judgment in
settlement of these parcels. Pursuant to Section 73.091 (1), Florida Statutes, the County is required to pay
reasonable expert fees and expenses incurred in the defense ofthis matter. Staff recommends payment of the
following fees:
engineering fees in the amount of $10,252 and appraisal fees in the amount of $63, 13 8,
the tenns of which are set out in the Agreed Order Awarding Expert Fees attached as Exhibit "A".
This case involved three parent tracts. There were some issues with the location of the wells and pipelines
requiring utility crossings and the relocation of a portion of Rattlesnake Hammock Ext. to bypass a well.
The extension of Rattlesnake-Hammock Road to the east is a proposed developer commitment in the
Hacienda lakes project. Three separate appraisals were prepared by the appraiser. (2 residential and 1
commercial) The engineer produced a written report with drawings. The engineer's invoiced amount is
$12,814. He has agreed to accept $10,252. This is a 20% reduction. The appraiser's invoiced amount is
$73,753. He has agreed to accept $63,138. This reduction is approximately a 16.7% reduction.
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 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.
FISCAL IMPACT: A budget amendment is required to transfer $73,390 from Capital Reserves to Project
#70892, South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD.
Source of funds are Water Impact Fees.
GROWTH MANAGEMENT IMPACT: This item is included in the 2005 Water Master Plan update
adopted by the Board of County Commissioners on June 6, 2006, item lOB, and will further the goals and
policies ofthe Collier County Growth Management Plan.
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2/22/2011 Item 16.K.4.
LEGAL CONSIDERATIONS: The proposed Agreed Order was prepared by the County Attorney's Office
and is legally sufficient for Board action. This is a regular matter requiring simple majority vote. (HF AC)
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order, the
necessary budget amendment, and the expenditure and disbursement of funds as stated.
PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney
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2/22/2011 Item 16.K.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.4.
Item Summary: Approve an Agreed Order awarding expert fees in connection with the
acquisition of Parcels 701R, 901R, 801N, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903, 704,
904, 705, 905, 830, 930, 831, 931, 832R and 932R in the lawsuit styled Collier County, Florida v.
Vision & Faith, Inc., et ai, Case No. 05-1275-CA, SCRWTP RO Wellfield Expansion Project #70892
(Fiscal Impact $73,390)
Meeting Date: 2/22/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, County Attorney
2/3/2011 11 :24:02 AM
Approved By
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 2/3/2011 12:50:36 PM
Name: SunyakMark
Title: Project Manager, Principal,Public Utilities Engineering
Date: 2/3/2011 5:35:44 PM
Name: AbbottAlicia
Title: Project Manager,Public Utilities Engineering
Date: 2/4/2011 11:45:06 AM
Name: ChmelikTom
Title: Project Manager, Principal,Public Utilities Engine
Date: 2/4/2011 2:01 :58 PM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 217/2011 12:32:49 PM
Name: DeLonyJim
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2/22/2011 Item 16.K.4.
Title: Administrator - Public Utilities,
Date: 2/7/2011 12:51 :25 PM
Name: AshtohHeidi
Title: Section Chief/Land Use-Transportation, County Attor
Date: 2/15/2011 1 :43:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/15/2011 2:01 :58 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 2/15/2011 4:28:43 PM
Name: OchsLeo
Title: County Manager
Date: 2/15/2011 4:41 :00 PM
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2/22/2011 Item 16.K.4.
THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, as the Governing
Body of Collier County and as Ex-Officio Governing
Board of the Collier County Water-Sewer District,
Petitioner,
Case No.: 05-1275-CA
v.
Parcels: 70IR, 901 R, 80IN, 902AN,
902RA, 902RB, 703, 803RA, 803RB,
903,704,904,705,905,830,930,
831, 931, 832R, 932R
VISION & FAITH, et aI,
Respondent.
/
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,
WILTON LAND COMPANY, LLC, (hereinafter "WILTON LAND COMPANY"), 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, WILTON LAND COMPANY, receive
from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Ten Thousand Two Hundred
Fifty- Two Dollars and No/lOO ($10,252.00) for engineering fees incurred in connection with
Parcels 70IR, 90IR, 80IN, 902AN, 902RA, 902RB, 703, 803RA, 803RB, 903, 704, 904, 705,
905,830,930,831,931, 832R, and 932R; it is further
ORDERED that Respondent, WILTON LAND COMPANY, receive from Petitioner,
COLLIER COUNTY, FLORIDA, the sum of Sixty-Three Thousand One Hundred Thirty-
Eight Dollars and No/lOO ($63,138.00) for appraisal fees incurred in connection with Parcels
701R, 90IR, 801N, 902AN, 902RA' 902RB, 703, 803RA, 803RB, 903, 704, 904, 705, 905, 830,
930, 831, 931, 832R, and 932R; it is further
EXHIBIT
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2/22/2011 Item 16.K.4.
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 Seventy-Three
Thousand Three Hundred Ninety Dollars and NollOO ($73,390.00) to the RUDEN
McCLOSKY TRUST ACCOUNT c/o Thomas R. Bolf, Esquire, P. O. Box 1900, Fort
Lauderdale, Florida 33302-1900 for the benefit of Respondent, WILTON LAND COMPANY,
for engineering fees and appraisal fees for Parcels 701R, 901R, 801N, 902AN, 902RA, 902RB,
703, 803RA, 803RB, 903, 704,904, 705, 905, 830,930, 831, 931, 832R, and 932R.
DONE AND ORDERED this _ day of
Florida.
,2011, in Naples, Collier County,
CYNTHIA A. PIV ACEK
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi Ashton-Cicko, Esquire
Thomas R. Bolf, Esquire
Toni Mott, Manager, Property Acquisition & Construction Management, Facilities Management
Bookkeeping
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 701R, 901R, 801N, 902AN, 902RA, 902RB, 703, 803RA,
803RB, 903, 704, 904, 705, 905, 830, 930, 831, 931, 832R, and 932R.
Dated:
Dated:
0~
HEIDI ASHTON-CICKO, ESQUIRE
Florida Bar No. 966770
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
THOMAS R. BOLF, ESQUIRE
Florida Bar No.: 454419
RUDEN McCLOSKY, P.A.
P. O. Box 1900
Fort Lauderdale, FL 33302-1900
(904) 754-6660- Telephone
(904) 764-4996 - Facsimile
ATTORNEY FOR RESPONDENT,
WILTON LAND CaMP ANY, LLC
CP\05-1275-CA\2418
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