Agenda 06/28/2011 Item #16K1
6/28/2011 Item 16.K.1.
EXECUTIVE SUMMARY
Recommendation to Approve Agreed Order Awarding Expert Fees and Costs in the Amonnt
of $73,268.63 for the Acquisition of Parcel 111 in the Lawsuit Styled Collier COUllty v. NB
Holdillgs Corporatioll, et al.. Case No. 06-0658-CA (Santa Barbara Boulevard Project No.
62081). Fiscal Impact: $73,268.63)
OBJECTIVE: That the Board of County Commissioners approve the attached Agreed Order
Awarding Expert Fees and Costs, for the taking of Parcel III in the lawsuit styled Collier County
v.NB Holdings Corpora/ion, et al. Case No. 06-0658-CA (Santa Barbara Boulevard Project No.
62081).
CONSIDERATIONS: The County acquired 0.037 acres from property owners KB Enterprises of
Naples, LLC for the construction of roadway improvements to Santa Barbara Boulevard. As a
result of the taking, the prior entrance to the commercial building directly onto Radio Road was
closed and the owner's tenants and customers must now enter from the rear of the building.
Mediation was held on May 3, 20 I 0 and continued to November I, 2010. The parties settled the
compensation in this matter in the amount of $297,500 plus statutory Attorney's fees which were
determined by statute to be $78,837. A Board approved Stipulated Final Judgment was entered on
May 11,2011 for compensation and statutory attorney fees.
The issues of expert fees and costs and supplemental attorney's fees were left for settlement at a
,_ later date. After a few conferences, a settlement was reached avoiding any fUliher costs.
Coastal Engineering Consultants, Inc. reduced their original invoice of $31,555 by $4,135.50 which
equals $27,419.50. The remaining expelis will receive 100% oftheir fees and costs.
If the settlement is approved, the County is responsible for the following:
Coastal Engineering Consultants, Inc.-Engineer
Real Estate Appraisal & Litigation, LLC-Appraiser:
Johnson Engineering-Engineers:
Engelhardt, Hammer & Associates, Inc.-Planner:
Wayne Hook & Associates-Landscape Architect:
TOTAL
$27,419.50
$9,800.00
$9,170.00
$26,504.13
$375.00
$73,268.63
FISCAL IMPACT: Funds in the amount of $73.268.63 are available in impact fees. Source of
funds are impact fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires
only a majority vote. STW
,-.
RECOMMENDATION: That the Board of County Commissioners authorize the Agreed Order
Awarding Expert Fees and Costs as to Parcel III and authorize payment of the funds as stated.
PREPARED BY: Steven T, \\/illial11s. Assistant County .Attorney
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6/28/2011 Item 16.K.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
Item Summary: Recommendation to Approve Agreed Order Awarding Expert Fees and
Costs in the Amount of $73,268.63 for the Acquisition of Parcel 111 in the Lawsuit Styled Collier
County v. NB Holdings Corporation, et aI., Case No. 06-0658-CA (Santa Barbara Boulevard
Project No. 62081). Fiscal Impact: $73,268.63)
Meeting Date: 6/28/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,Coumy Attorney
6/6/2011 2:09:09 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 6/6/2011 2:20:43 PM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date:6171201111:18:36AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 6/8/20 II ] 0:02:47 AM
Name: WilliamsSteven
Title: Assistant County Attorncy,County Attorney
Date:6/8/201111:58:16AM
Name: FederNonnan
Title: Administrator - Growth Management Div.Transportati
Date: 6/9/20 II I :52:28 PM
Name: KlatzkowJeff
Title: County Attorney,
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6/28/2011 Item 16.K.1.
Date: 6/]6/2011 10:05:15 AM
Name: lsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/20/2011 10:16:20 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/20/2011 10:59:22 AM
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6/28/2011 Item 16.K.1.
IN THE CIRCUIT COURT OF THE TWENTIETH .nJmCIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA" a political
subdivision of the State of Florida,
Petitioner,
v.
Case No. 06-0658-CA
NB HOLDINGS CORPORATION, et aI.,
Parcel: 111
Respondents.
/
AGREED ORDER AWARDING EXPERT FEES
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,
KB ENTERPRISES OF NAPLES, LLC, by and through their undersigned counsel, for entry of
an Agreed Order A warding Expert Fees, and the Court, being fully advised in the premises, it is
hereby
ORDERED AND ADJUDGED that Respondents, KB ENTERPRISES OF NAPLES,
LLC, receive from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of ($73,268.63)
which includes ($27,419.50) to Coastal Engineering Consultants, Inc. for engineering services;
and ($9,800) to Real Estate Appraisal & Litigation, LLC for appraisal fees; and ($26,504.13) to
Engelhardt, Hammer & Associates, Inc. for planning services; and ($9,170) to Johnson
Engineering, Inc. for engineering services and ($375) to Wayne Hook & Associates for
landscape architecture with respect to Parcel 111, which total sum includes all expert fees and
defense costs recoverable by Respondents in this cause; and it is further
ORDERED AND ADJUDGED that without further order of the Court, that v.;thin thirty
(30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total sum of
$73,268.63 to BECKER & POLlAKOFF. P.A., Trust Account, and send it c/o Michael R. Whitt,
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6/28/2011 Item 16. K.1.
Esquire, BECKER & POLlAKOFF, P.A., 12140 Carissa Commerce Court-Suite 200, Fort
Myers, FL 33966 for proper disbursement of expert fees and costs.
DONE AND ORDERED in Naples, Collier County, Florida, this
day of
, 2011.
Confonned copies to:
Steven T William., Esquire
Michael R. Whitt, Esquire
Collier County Tax Collector
Kevin Hendricks, Acquisition Managern'ransportation
Bookkeeping
Honorable Hugh D. Hayes
Circuit Court Judge
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order Awarding Expert Fees.
Date:
MICH EL R. WHI'IT, ESQ
Florid Bar No. 072502
BECK R & POLl FF, P.A.
12140 oromerce Court-Suite 200
Fort Myers, FL 33966
(239) 433-7707 - Telephone
(239) 433.5933- Facsimile
ATTORNEY FOR RESPONDENT,
KB ENTERPRISES OF NAPLES, LLC
06-06S8-CN650
Date: (. k/II
~<will
STEVEN T. WILLIAMS, ESQUIRE
Florida Bar No. 0740101
OFFICE OF THE COUNTY ATTORNEY
Hannon Turner Building
3299 East Tamiami Trail-Ste. 800
Naples, Florida 34112
(239) 252-8400 . Telephone
(239) 252-6300 - Facsimile
A TIORNEY FOR PETITIONER
COLLIER COUNTY
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