Agenda 10/27/2009 Item #16B 9Agenda Item No. 1669
October 27, 2009
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve the payment of attorney fees and expert witness fees incurred by
Tania Cantin and Miguel Del Pozo in defense of the taking of a portion of their property for the
Collier Boulevard six - laning project (from Green Boulevard to Golden Gate Boulevard). Project
No. 68056, Parcel Nos.161FEE and 161TCE (Fiscal Impact: $4,980)
OBJECTIVE: To approve the payment of attorney fees and expert witness fees incurred by property
owners Tania Cantin and Miguel Del Pozo in defense of the taking of a portion of their property for the
Collier Boulevard six -laning project (from Green Boulevard to Golden Gate Boulevard).
CONSIDERATIONS: The fees for the owner's attorney and real estate appraiser (as well as any
other expert witnesses employed by the owner) are usually included as pay items in the Purchase
Agreement between the County and the Property Owner; however, in this particular instance, so that
the payment to the property owners would not be held up, the agreement was processed in advance of
negotiating an agreement on the matter of fees and costs. The Purchase Agreement, dated August 21,
2009, only provided for the purchase of the proposed right -of -way from the owners for $74,500
without mentioning payment for the attorney or the real estate appraiser.
FISCAL IMPACT: The approval of this recommendation results in a fiscal impact to the County of
$4,980. Source of funds are road impact fees and/or gas taxes.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action — RNZ
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida
approve the payment of attorney fees in the amount of $3,240 to the law firm of Forman, Hanratty and
Montgomery and the payment of professional service fees to the real estate appraisal firm of Florida
Condemnation Services, Inc. in the amount of $1,740.
Prepared by: Kevin Hendricks, TECM Right -of -Way Acquisition Manager
Attachments: (1) Invoices and backup documentation
Page 1 of 2
Agenda Item No. 1689
October 27, 2009
Page 2 of 12
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COLLIER COUNTY
�.
BOARD OF COUNTY COMMISSIONERS
Item Number:
1689
Item Summary:
Recommendation to approve the payment of attorney
fees and expert witness fees incurred
by Tania Cantin and Miguel Del Pozo in defense of the taking of a portion of their property for
the Collier Boulevard six - laning project (from Green Boulevard
to Golden Gate Boulevard).
Project No. 68056, Parcel Nos. 161 FEE and 161TCE
(Fiscal Impact: $4,980)
Meeting Date:
10/27/2009 9:00:00 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
10/812009 3:48 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
1019/2009 3:38 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Engineering &
Transportation Services
Construction Management
10!1212009 3:13 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
10/13/2009 4:19 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
10114/2009 12:31 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/14/2009 2:19 PM
Approved By
Lisa Taylor
Management /Budget Analyst
Date
Transportation Services
Transportation Administration
10/1412009 4:25 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
10/15/2009 3:16 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management $ Budget
10115/2009 4:24 PM
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Agenda Item No. 1689
October 27, 2009
Page 3 of 12
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 10116/2009 1:32 PM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 10/1612009 3:48 PM
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I
FORMAN, HANRATTY & MONTGOMERY
ATTORNEYS AT LAW
September 18, 2009
Reply to: Fort Lauderdale
Ms. Rebecca Harding
Property Acquisition Specialist
Collier County Transportation Division
Right Of Way Office
2885 S. Horseshoe Drive
Naples, FL 34104
I
Agenda Item No. 16139
October 27, 2009
Page 4 of 12
CHARLES R. FORMAN
JOSEPH M. HANRA7n
MICHAEL H. MONTGOMERY *1
VANESSA THOMAS-
-At. L-ILW n Al*-
tl. d dr. a H__ a cm*—
M celver,
SEP 2 12009
'x E a C.M. 00M
Re: Tania Cantin and Miguel J. DelPozo -Parcels 161FEE and 161TCE -
Dear Ms. Harding:
Enclosed is our invoice for services rendered in connection with the above referenced matter.
Please have the check made payable to Forman, Hanratty & Montgomery. Our tax ID
number is 59- 2342150.
Should you have any questions or concerns, please call me at the office.
Best wishes,
Charles R. Forman
CRLF!el
Enclosure
723 E. FT. KING ST.
OCALA. FLORIDA 34471
(352) 732.3915
FAX (352) 351.1690
(800) 527 -3445
425 N. MAGNOLIA AVE. 3200 TAMIAMI TR. N., STE. 200
ORLANDO, FLORIDA 32801 NAPLES, FLORIDA 34103
(407) 540.9100 (800) 527.3445
FAX (407) 540 -0028
1323 S.E. THIRD AVE.
FL LAUDERDALE, FLORIDA 33316
(954)522.9441
FAX (954) 522 -2076
_ ..-w._.,,.....,...,.-..__
2627 MISSION ST., SUITE 1
SAN MARINO, CALIFORNIA 91106
(626) 799 -0550
RE: Tania Cantin and Miguel J. Del Pozo - Parcels 161 & 162
CHARLES R. FORMAN - Partner
05/15/08
Initial phone conference with client
Letter to client
05/21/08
Meeting at site with client; inspect site; review E.D.
06/06/08
Letter to attorney re. apportionment issues
Letter to client
07/08/08
Letter to attorney re apportionment
07/09/08
Review offer package /appraisal, prepare package of
information for expert, meeting withCraig Keneipp
09/02/08
Letter to client
10/17/08
Review Keneipp appraisal
12/19/08
Letter to Kevin Hendricks
12/23/08
Review appraisal data, transmit to Kevin Hendricks
12/24/09
Response from Kevin Hendricks
01/17/09
E -mail Collier Cty
01/20/09
Response from Collier Cty
02/09/09
Letter to client
04/02/09
Apportionment memo from attorney
04/08/09
Letter to Ian Holmes
04/22/09
Review of contract, response to Collier
04/24/09
Letter to client
Agenda Item No. 16139
October 27, 2009
Page 5 of 12
.25
.25
1.50
.25
.25
.25
1.00
.25
.75
.25
.40
.25
.20
.20
.25
.25
.25
.50
.20
05/15/09 Letter to Rebecca Harding
05/21/09 E -mails re contract
07/27/09 Letter to clients
Estimated time re bank issues and closing
TOTAL PARTNER HOURS:
SUMMARY:
10.80 Atty. hrs. x $300.00 per hr.
TOTAL AMOUNT DUE -
Agenda Item No. 16139
October 27, 2009
Page 6 of 12
.40
.20
.20
2.50
10.80 hours
$ 3,240.00
$ 3,240.00
Lid
PROJECT:
PARCEL NO:
FOLIO NO:
FORM W -9
Agenda Item No. 1689
October 27, 2009
Page 7 of 12
REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION
AS THE RECIPIENT OF FUNDS PAID BY COLLIER COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF FLORIDA, YOU ARE REQUIRED BY LAW TO PROVIDE YOUR
CORRECT TAXPAYER IDENTIFICATION NUMBER (TIN). IF YOU DO NOT PROVIDE
COLLIER COUNTY WITH YOUR TAXPAYER IDENTIFICATION NUMBER, YOU MAY BE
SUBJECT TO CIVIL OR CRIMINAL PENALTIES IMPOSED BY LAW.
As to Corporations:
Corporation Name: Florida Condemnation Services Inc, dba Florida Coastal Appraisal
Services
Street Address: 2101 S. Andrews Avenue Suite 205
City, State & Zip Code: Ft. Lauderdale, FL 33316
Taxpayer Identification Number: Please enter the corporation Employer Identification Number
below:
Employer Identification Number: 65- 0154065
Under penalties of perjury, I certify that the number shown on this statement is the correct
Taxpayer Identification Number for the corporation (or the corporation is waiting for a number to
be issued to it). (If you are awaiting a TIN, you will have sixty (60) days to obtain one and furnish
to this department.)
, v ,)
S' Date:
D. Craig Keneipp , as Director , on behalf of said corporation.
Print Name Print Corporate Title
Fax Number: 954779 -3395
Agenda Item No. 1689
October 27, 2009
'
Florida Coastal Appraisal. Services Page 8 of 12
July 16, 2009
Real Estate Appraisers and Consultants
2101 South Andrews Avenue Suite 205 Fort Lauderdale, FL 33316
954 779 -3298 954 779 -3395 (Fax)
,0(
0 '
Mr. Charles Forman, Esq.
FORMAN, HANRATTy
1323 Southeast 3`d Avenue
Fort Lauderdale, FL 33316
SUBJECT: Cantin Parcels 161,162 —
Collier Blvd/CR 951
13435 Collier Blvd
Collier County, Florida
Dear Mr. Forman:
Please accept this as my firm's invoice for professional services related to the taking of the above referenced
parcels to date. Hourly breakdown by date and task is attached.
I have provided the requested appraisal services, including the development and updating of my appraisal
drafts for the partial taking analysis of the subject properties by Collier County. Additional appraisal
services, in the form of content reviews of the Collier County appraisals have been provided. I have
researched and maintained applicable sales data to be utilized for negotiation, mediation, deposition, and
trial purposes.
You have authority to provide this invoice to the County and include my' fee in settlement discussions. My
file is available for review by the County with adequate notice.
11.60 hours x $1�— ,
ISO �%r. = � L ,7.4�
Respectfully Submitted,
D. efaif KaMaipp , >,-,-cr C:T" w� �. L I �o
D. Craig Keneipp �A-5 T� W° 1C. A--F-
State Certified General Appraiser - #1491 * 1 so V� c-. +tov •
-PLE- V— V R-z> c_ � s )A-A/ v -- T
A-� c , -7 .
�q i51o1
07
Agenda Item No. 1689
October 27, 2009
Collier County v Cantin 161 / 162 Page 9 of 12
INVOICE
7/09/2008 Review county offer package from atty. Set up file. Pull subject data. Content
review County appraisal (Wilcox). Pull preliminary sales data. Verify county sales
data. 2.75
07/10/2008 Onsite inspection. Conf. with home builders on CR951 RE: setback data. T/C
with atty. 1.25
10/17/2008 Update sales data. Prepare draft analyses. Office conf. with atty. Review reports.
T/C with client. 2.50
10/19/2008 Sales update. Fax sales data analysis to atty. 2.00
10/29/2008 Prep drafts. Fax data to atty. Mail copy to client. 1.75
11/19/2008 Sales update. Pull County web data. Email report drafts to atty. 1.25
02/09/2009 Review letter from atty. .10
Total: 11.60
11.60 hours x $ /hr = $2,030.00
2
Agenda Item No. 1689
October 27, 2009
Page 10 of 12
HardingRebecca
From: cforman @atlantic.net
Sent: Friday, September 18, 2009 1:30 PM
To: HardingRebecca
Subject: RE: Invoice for Cantin / DelPozo (Collier Blvd. project - Parcels161 FEE/TCE)
Craig said he would take the amount but doesn't want to do a new invoice at a different rate.
Please pay him $1740. Thank you.
Charlie
Quoting HardingRebecca < RebeccaHardine (acolliereov.net>:
> Charlie:
> Also, please have your appraiser, Mr. Keneipp, reduce his hourly fee
> from $150 to $175 per hour and resubmit his invoice. Per Kevin
> Hendricks, all of the appraisers under contract with Collier County
> are paid at $150 per hour. This would put his total compensation at $1740.
> Thank you.
> Rebecca Harding
> - - - -- Original Message---- -
> From: cforman @atlantic.net [mailto:cforman @atlantic.net]
> Sent: Tuesday, September 15, 2009 8:02 PM
> To: HardingRebecca
> Cc: hendricks_k; Esty Liptak
> Subject: RE: Invoice for Cantin / DelPozo (Collier Blvd. project -
> Parcels161FEE /TCE)
> Thank you!
> Charlie
> Quoting HardingRebecca < RebeccaHardine tacolliergov.net>:
>> Hi Charlie:
>> we checked with our County Attorney's Office and they have advised
> that
>> the partner rate in the Naples area is $300.00 per hour. Please
> submit
>> a revised invoice or statement on your firm's letterhead specifying a
>> breakdown of the hours (as you did before) and include the $300 rate.
>> The Clerk's Finance Dept. will not cut a check unless all this
>> information is included.
>> If there are any questions, please let me know.
i
Agenda Item No. 16B9
October 27, 2009
Page 11 of 12
>> Thank you,
>> Rebecca
>> From: Charles R. Forman [mailto:cforman @atlantic.net]
>> Sent: Wednesday, September 09, 2009 3:59 PM
>> To: HardingRebecca
>> Subject: Re: Invoice for Cantin / DelPozo (Collier Blvd. project -
>> Parcels 161FEE /TCE)
>> Thank you!
>> From: HardingRebecca < mailto :RebeccaHarding @colliergov.net>
>> Sent: Wednesday, September 09, 2009 3:00 PM
>> To: Charles R. Forman <mailto:cforman(datlantic.net>
>> Subject: RE: Invoice for Cantin / DelPozo (Collier Blvd. project -
>> Parcels 161FEE /TCE)
>> Thank you, Charlie. I'll let you know the rate once I find out
> myself.
>> From: Charles R. Forman [mailto:cforman @atlantic.net]
>> Sent: Wednesday, September 09, 2009 2:09 PM
>> To: HardingRebecca
>> Cc: hendricks_k
>> Subject: Re: Invoice for Cantin / DelPozo (Collier Blvd. project
>> Parcels 161FEE /TCE)
>> Rebecca:
>> What rate can you pay? This is my 33rd year. My billed rate is $400.
> for
>> hourly litigation. I assumed you weren't paying at that rate yet.
> I'll
>> go with your normal Naples partner rate. Thanks.
2
I
>> Charlie
>> From: HardingRebecca < mailto :RebeccaHarding @colliergov.net>
>> Sent: Wednesday, September 09, 2009 11:39 AM
>> To: cforman(@atlantic.net
>> Cc: hendricks_k < mailto :KEHendricks(@colliergov.net>
>> Subject: Invoice for Cantin / DelPozo (Collier Blvd. project -
>> Parcels
>> 161FEE /TCE)
>> Dear Mr. Forman:
>> We received your letter of Sept. 2, along with your invoice for the
>> above. However, the invoice for your fees does not include your
> hourly
>> rate. Please resubmit another invoice to us which includes your
> hourly
>> rate.
>> Thank you.
>> Rebecca Harding
> ----------------------------------------------------------------
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3
Agenda Item No. 1669
October 27, 2009
Page 12 of 12