Agenda 10/26/2010 Item #16K 1Agenda Item No. 16K1
October 26, 2010
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve an Agreed Order Awarding Expert Fees and Costs in the
amount of $42,000 for Parcels 109FEE and 109TCE in the lawsuit styled Collier County v A.L.
Subs, Inc., et al., Case No. 09- 3691 -CA (Collier Blvd. Project No. 60092) (Fiscal Impact
$42,000)
OBJECTIVE: That the Board of County Commissioners approve the attached Agreed Order
Awarding Expert Fees and Costs in relation to the taking of Parcels 109FEE and 109TCE in the
lawsuit styled Collier County v. A.L. Subs, Inc., et. al., Case No. 09- 3691 -CA (Collier Blvd. Project
No. 60092).
CONSIDERATIONS: A Stipulated Final Judgment was issued by the Court on a business damage
claim in this matter on February 11, 2010. The Stipulated Final Judgment also reserved jurisdiction
as to expert fees and costs for the owner's engineer and certified public accountant.
Prior to setting a hearing on their motion to tax expert fees and costs, a settlement was reached to
pay the expert fees and costs at 85% of the invoice, thus avoiding any additional expense associated
with court proceedings.
If the settlement is approved, the County is responsible for the following fees and costs:
• Engineer Expert Fees and Costs: $15,000
• Certified Public Accountant
Expert Fees and Costs: $17,000
• Attorney's Fees and Costs: $10.000
TOTAL $42,000
FISCAL IMPACT: Funds in the amount of $42,000 are available in Gas Taxes and /or Impact
Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
Awarding Expert Fees and Costs as to Parcels 109FEE and 109TCE and authorize payment of the
funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
09 -3691 CA /3586
Agenda Item No. 16K1
October 26, 2010
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16K1
Item Summary: Recommendation to approve an Agreed Order Awarding Expert Fees and Costs in the amount of
$42,000 for Parcels 109FEE and 109TCE in the lawsuit styled Collier County v. A.L. Subs, Inc., et
al., Case No. 09- 3691 -CA (Collier Blvd. Project No. 60092) (Fiscal Impact $42,000)
Meeting Date: 10126/2010 9:00:00 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
10/11/2010 9:51:20 AM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Date
Transportation Engineering &
Transportation Division
Construction Management
10/12/2010 10:32 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
10/12/2010 11:02 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
10/1212010 3:46 PM
Approved By
Kevin Hendricks
Manager - Right of Way
Date
Transportation Engineering &
Transportation Division
Construction Management
10/14/2010 12:47 PM
Approved By
Lisa Taylor
ManagementlBudget Analyst
Date
Transportation Division
Transportation Administration
10/14/2010 3:26 PM
Approved By
Jeff Klatzkow
County Attorney
Date
10/18/2010 10:40 AM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/1812010 12:51 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
1011812010 3:52 PM
J
Agenda Item No. 16K1
October 26, 2010
Page 3 of 6
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State. of Florida,
Petitioner,
VS.
A.L. SUBS, INC., et al.
Respondents.
CASE NO. 09-369 1-CA
Parcels, 109FEE,109TCE
AGREED ORDER AWARDING FEES AND COSTS
THIS CAUSE having come before the court upon Respondent A. L. SUBS, INC: s and
Petitioner COLLIER COUNTY's Joint Motion for entry of an Agreed Order Awarding Fees And
Costs in connection with business damages, and the Court having considered the Joint Motion, the
parties having agreed that the fees and costs presented below were reasonable in connection with
Respondent's business damage claim, and being otherwise fully advised in the premises, it is
therefore,
ORDERED AND ADJUDGED that the following items of fees and costs are hereby taxed
against the Petitioner, COLLIER COUNTY , in the amounts set forth opposite each item, as
follows:
1. To Forman, Hanratty & Montgomery for attorney's
in connection with the business damage claim of
A. L. Subs, Inc.: $10,000.00
2. To Berryhill, Hoffman & Getsee, P.A. for business
damage valuation $17,000.00
3. To D.M.A. Engineering, Inc. for engineering information $15,000.00
i
Agenda Item No. 16K1
October 26, 2010
Page 4 of 6
ORDERED AND ADJUDGED that within thirty (3 0) days of the date of receipt of
a conformed copy ofthis Agreed Order, the Petitioner, COLLIER COUNTYPROTECT 10N,
shall promptly pay the sum of FORTY -TWO THOUSAND & 001100 DOLLARS
($42,000.00) to FORMAN, HANRATTy & MONTGOMERY, TRUST ACCOUNT,
attorneys for Respondent, A. L. SUBS, INC., and forward said payment by U.S. Mail to
Forman, Hanratty & Montgomery, 723 E. Fort King Street, Ocala, FL 34471, for proper
distribution by it in accordance with this Agreed Order; and it is further
ORDERED AND DIRECTED that this Court retain jurisdiction over this cause for
determining the remaining issues and to enforce the terms of this Agreed Order Taxing
Expert Witness Fees; and it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of
October, 2010.
Copies furnished counsel of record
pursuant to attached Service List
CYNTHIA A. PNACEK
CIRCUIT COURT JUDGE
Agenda Item No. 16K1
October 26, 2010
Page 5 of 6
The parries by and through their undersigned attomgs respectfully move for the entry of the
foregoing Agreed Order Awarding Fees And Costs on this`_„ day of October, 2010.
COLLIER COUNTY
By:
Robert N. Zachary, Esq.
Fla. Bar No. 816604
Assistant County Attorney
Hannon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
Phone: 239- 252 -8400
Attorneys for Petitioner, Collier County
FORMAN, HANRATTY & MONTGOMERY
By: .
Charles R Forman, Esq.
Fla. Bar No. 229253
1323 S.E. Third Avenue
Ft. Lauderdale, FL 33316
Phone: (954) 522 -9441
Attorneys for Respondent, A.L. Subs, Inc.
Agenda Item No. 16K1
October 26; 2010
i Page 6 of 6
COLLIER COUNTY v A.L. SUBS, INC., ET AL - Case No. 09- 3691 -CA
Parcel 109FEE,109TCE
All Parcels
Heidi F. Ashton- Cicko, Esq.
Section Chief, AssstantCountyAtty., and
Robert N. Zachary, Esq.
Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
Telephone: (239) 252 -8400
Facsimile: (239) 774 -0225
Attorney for Petitioner
Collier County Tax Collector
c/o Jennifer Dixon - Abbott, Esq.
Rhodes Tucker & Garretson
P.O. Box 887
Marco Island, FL 34146
Parcels 109FEE & 109TCE
951 Petroleum Corp.
c/o Charles R Forman, Esquire
Forman Hanratty Thomas & Montgomery
1323 SE 3r Ave.
Fort Lauderdale, FL 33316
Phone: (954)522.9441
Fax: (954 -522 -2076
R13C Bank (USA) f/k/a
Community Bank of Naples, N.A.
C/o Corporation Service Company
1201 Hays Street
Tallahassee, FL 32301 -2525
Panther Petroleum, Inc.
c% Martin E. Rice (Registered Agent).
P.O. Box 205
St. Petersburg, FL 33731
Charles R Forman, Esq.
Forman Hanratty Thomas &M
ontgomery
1323 SE 3rd Avenue
Fort Lauderdale, F133316
Telephone: (954) 522 -9441
Facsimile: (954) 522 -2076
Atty. for A.L. Subs, Inc.
Banyan Group, Inc.
c/o Martin E. Rice (Registered, Agent).
P.O. Box 205
St. Petersburg, FL 33731