Agenda 10/27/2009 Item #16K 1Agenda Item No. 16K1
October 27, 2009
EXECUTIVE SUMMARY Page 1 of 5
Recommendation that the Board of County Commissioners Approve an Agreed Order
Awarding Expert Fees for Parcel 125 in the condemnation action styled Collier County v
Robert J. Derr, et al., Case No. 03- 2196 -CA, Golden Gate Parkway Project No. 60027. (Fiscal
Impact: $6,942.50).
OBJECTIVE: That the Board of County Commissioners approve the attached Agreed Order and
with Joint Motion for payment of Expert Fees in the case of Collier County v. Robert J. Derr, et al.,
Case No. 03- 2196 -CA, Golden Gate Parkway Project No. 60027. (Fiscal Impact: $6,942.50).
CONSIDERATIONS: On April 12, 2005, a Stipulated Final Judgment was entered for Parcel 125,
relating to property owner Airport Hall for Hire, Inc. The only issue remaining relates to payment
of expert fees. Pursuant to Section 73.091, Fla. Stat., the property owner is entitled to all
reasonable and necessary costs incurred in the defense of the eminent domain proceeding. The
property owner has provided copies of invoices for expert appraisal fees, planning fees and
landscape architect fees.
If approved, the County will pay the following:
• Appraisal Fee $4,000.00
• Planning Fees $2,000.00
• Landscape Architect Fees 942.50
... TOTAL: $6,942.50
FISCAL IMPACT: Funds in the amount of $6,942.50 are available in Gas Taxes and Impact Fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. HFAC
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
Awarding Expert Fees and authorize the expenditure of funds as stated.
PREPARED BY: Robert N. Zachary
CP:03- 2196;695
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Agenda Item No. 16K1
October 27, 2009
Page 2 of 5
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K1
Item Summary:
Recommendation that the Board of County Commissioners Approve an Agreed Order
Awarding Expert Fees for Parcel 125 in the condemnation
action styled Collier County v.
Robert J. Derr, et al., Case No. 03- 2196 -CA, Golden Gate Parkway Project No. 60027.
(Fiscal Impact: $6,942.50).
Meeting Date:
10/27/2009 9:00:00 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
101812009 4:39:54 PM
Approved By
Lisa Taylor
ManagementlBudget Analyst
Date
Transportation Services
Transportation Administration
101912009 9:18 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/9/2009 10:26 AM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/9/2009 12:01 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
10/912009 12:15 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
10/9/2009 3:41 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Engineering &
Transportation Services
Construction Management
10/12!2009 3:18 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
10/13/2009 11:21 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/14/2009 2:14 PM
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Agenda Item No. 16K1
October 27, 2009
Page 3 of 5
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 10114/2009 3:10 PM
Approved By
John A. Yonkosky Director of the Office of Management Date
County Manager's Office Office of Management & Budget 10/14/2009 3:39 PM
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Agenda Item No. 16K1
October 27, 2009
Page 4 of 5
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,
VS.
ROBERT J. DERR, et al.,
Respondents.
Case No.: 03- 2196 -CA
Parcel No.: 125
AGREED ORDER AWARDING EXPERT FEES
THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, AIRPORT HALL FOR HIRE, INC., by and
through their undersigned counsel, for entry of an Agreed Order Awarding Expert Fees, and the
Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that:
I. Respondent, AIRPORT HALL FOR HIRE, INC., shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Nine Hundred Forty -Two
and 501100 Dollars ($6,942.50) with respect to Parcel No. 125, for expert fees.
2. - Petitioner, COLLIER COUNTY, shall pay this sum within thirty (30) days from
the date of this Order to Forman, Hanratty & Montgomery Trust Account, c/o Vanessa Thomas,
Esquire, 723 East Fort King Street, Ocala, Florida 34475, for payment of expert fees as follows:
a. $4,000 to Florida Coastal Appraisal Services for appraisal fees;
b. $942.50 to Gorsium, Inc. for landscape architect fees;
c. $2,000 to Williams Development Services, Inc., for planning fees.
3. No further expert fees or costs shall be awarded in this matter.
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Agenda Item No. 16K1
October 27, 2009
Page 5 of 5
DONE AND ORDERED in Naples, Collier County, Florida, this day of
2009.
Conformed copies to:
Robert N. Zachary, Esquire
Vanessa Thomas, Esquire
Kevin Hendricks, Transportation Dept.
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.
Dated: )0- S -09
Vanessa Thomas, Esquire
Florida Bar No. 702412
FORMAN HANRATTY & MONTGOMERY
723 East Fort King Street
Ocala, Florida 34471
(352) 732 -3915 - Telephone
(352) 351 -1690 - Facsimile
ATTORNEY FOR RESPONDENT
Dated:
Robert N. Zachary
Assistant County Attorney
Florida Bar No.: 816604
3301 East Tatniami Trail, 8th Floor
Naples, Florida 34112
(239) 252 -8400 — Phone
(239) 252 -6300 — Facsimile
ATTORNEY FOR PETITIONER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been famished by
U.S. Mail to the parties listed below on this day of
Robert 1. Derr
c% Vanessa Thomas Esquire
Forman, Hanratty & Montgomery
723 East Ft. King Street
Ocala, FL 34471
03 -2 t 96CAJ693
2
2009.
ROBERT N. ZACHARY
ASSISTANT COUNTY ATTORNEY