Agenda 03/08/2011 Item #16K2
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3/8/2011 Item 16.K.2.
ExECyTIVE SUMMARY
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ReconlJnendationto aJlProve an Agreed, Order Taxing E:Jpert F....dCosts in the amouDtofSS,580
forPareels,l68FEEand 168TC:E in the lawsuit styleclCol1ier CollllJy v. Scott Faunce., et oJ.,CaseNo.
10-2684-CA (Colller Blvd"Projeet No.'680S6) (FiseallmpaetSS,S80)
OBJEC~: That the Board of County Commissioners approvetheatQlchedAgreed Order Taxing Expert
Fees and Costs for Parcels 16,8FEE .and 168TCE in the lawsuit styled CoUler CQunty v; Scott Faunce, et. ai.,
Case No. 10-2684-CA (Collier Blvd. Project No. 68056)
CONSIDERATIONS: Collier County condemned a .133 acre parcel (168FEE) and a .019 acre parcel
~ (168TCE) from property owners, Scott Faunce, Sr. and Debbe E. Faunce, for the expansion of Collier
Boulevard from Green Bou1evard to Golden Gate 13oulevard. On Oc~ber,13, 2010, mediation was held
prior to. the Order of Taking hearing and a settlement was reached in the amount of $27,000 for
compensation and $3,135instatutory attorney's fees, as well asa stipulation to the Order of Taking. A
Board approved,. Stipulated Final Judgment has previously been en~red. for compeq.tion and statutory
attorney fees.
Expert's fees and costs have been sett1eddownfrom $7,035 to $5,980 for the appraiser and from $3,043.75
to $2,600 for the engineer. If the attached Agreed Order Taxing Expert FeesandCQsts is appr()ved,th~
County win be responsible for the following costs:
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Appraiser:
Engineer:
TOTAL
$5,980
$2.600
$8,580
FISCAL IMPACT: Fun$ in the amount of $8,580 are available in i111~ fees. Source oft\Jnds is
impact fees.
GROWTIJ~AGEMENTIMPACT: None.
LEGALCONSm~UTlONS: This item is legally sufficient for Board action andr:equires a majority vote
for approval. RNZ
RECOMMENDATION: That the Board of County Commissionersautho~th~AgreedOrcJerTaxing
Expert Fe~sand Costs as to Parcels 168FEE and I 68TCE anq authorize paymept.oftile funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
lO-2684CA/310
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3lS12011 Item 16.K.2.
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COLLIER 'COUNTY
Boarc.of County Commissioners
Item Number: 16.K.2.
Item Summary: Recommendation to approve an Agreed QrderTaxing Expert Fees and
Costs in the amountof$8,,580 for Parcels 168FEE and 168TCE mthe lawsuit styled Collier
County v. Scott Faunce., et aI., Case No. 1Q-2684-CA (Collier Blvd. Project No. 68056) (Fiscal
Impact $8,580)
Meeting Date: 3/8/2011
PrepanMlBy
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
2/15/20114:25:17 PM
Approved By
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Name: TaylorLisa
Title: ManagementlBudget Analyst, Transportation Administr
Date: 2/17/2011 10:48:46 AM
Name: HendricksKevin
Title: Manager ~". Right of Way, Transportation Engineering
Date: 2/23/20111:16:55 PM
Name: AhmadJay
Title: Director - Transportll.tion Engineering,Transportation Engineering &ConstnIction Management
Date: 2/23/2011 5:53:47 PM
Name: FederNorm
Title: Administrator ~ Growth Management Div,Transportati
Date: 2/24/20113:10:55 pM
Name: ZacharyRobert
Title: Assistant County Attorney,County Attorney
Date: 2/24/20113:52:49 PM
r-'\ Name: KlatzkowJeff
Title: County Attorney,
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3/812011 Item 16.K.2.
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Date: 2/25/20118:17:49 AM
Name: UsherSusan ,
Title: ManagementlBu4get Analyst, Senior,Office of Manage
Date: 2/261201110:43:14 PM
Name: OchsLeo
Title: County Manager
Date: 2/27/2011 1:20:48 PM
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3/8/2011 Item 16.K.2.
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IN 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,
CASE NO. 10-2684-CA
v.
SCOTT FAUNCE, SR., ET AL.
Respondents.
Parcels: 168FEE, 168TCE
I
AGREED ORDER AWARDING EXPERT FEES AND COSTS
THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
SCOTT FAUNCE, SR. and DEBBE E. FAUNCE, by and through their undersigned counsel, for
~ entry of an Agreed Order Awarding Expert Fees and Costs, and the Court, being fully advised in
the premises, it is hereby
ORDERED AND ADJUDGED that Respondents, SCOTT FAUNCE, SR. and DEBBE
E. FAUNCE, receive from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eight
Thousand Five Hundred Eighty and NollOO Dollars ($8,580) which includes ($5,980) for
appraisal services and ($2,600) for engineering fees with respect to Parcels 168FEE and
168TCE, which total sum includes all expert fees and defense costs recoverable by Respondents
in this cause; and it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty
(30) days from the date of this Order, pay the sum of Eight Thousand Five Hundred Eighty
No/lOa Dollars ($8,580) to Trust Account of Dorman & Gutman, P.L., c/o Jack N. Gutman,
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3/8/2011 Item 16.K.2.
Esquire, 305 South Brevard Avenue, Suite 100, Tampa, Florida 33606-2360, for proper ~
disbursement of expert fees.
DONE AND ORDERED in Naples, Collier County, Florida, this
, 2011.
Conformed copies to:
Robert N. Zachary, Esquire
Jack Gutman, Esquire
Kristina L. Arnsdort'f, Esquire
A.U.S.A.
Internal Revenue Service (Courtesy copy)
U.S. Department of the Treasury(Courtesy Copy)
Jennifer Dixon-Abbott. Esquire
Kevin Hendricks, Acquisition Mgr.lTransp.
Bookkeeping
day of
Hugh D. Hayes
Circuit Court Judge
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
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foregoing Agreed Order Awarding Expert Fees as to Parcels 168FEE and 168TCE.
Dated:
JACK N. GUTMAN, Esquire
Florida Bar No.602434
DORMAN & GUTMAN, P.L.
305 South Brevard Avenue, Suite 100
Tampa, Florida 33606-2360
Telephone: (813) 254-8980
Facsimile: (813) 254-8983
ATTORNEY FOR RESPONDENTS
I 0-2684-CAI3 II
Dated:
~ ROBERTN. ZACHARY
Florida Bar No. 816604
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail, Ste. 800
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
COLLIER COUNTY
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