Agenda 01/29/2008 Item #16K 1
Agenda Item No. 16K1
January 29, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve an Agreed Ordcr for Payment of Expert Fees in connection with
Parcel 134 in the lawsuit styled Collier County, Florida v. First National Bank of Naples, Inc.,
et al., Case No. 04-3587-CA (Immokalee Road Project No. 66042). (Fiscal Impact:
$51,000.00)
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for Payment of
Expert Fees in connection with Parcel 134 in the lawsuit styled Collier County, Florida v. First
National Bank of Naples, Inc., et al., Case No. 04-3587-CA (Immokalee Road Project No. 66042).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking
on December 17, 2004 and subsequently dcpositing funds into the Court Registry. The County and
Respondent settled by Stipulated Final Judgment which was entered by Judge Ellis on December
13, 2007. Pursuant to ~73.09l, Fla. Stat., the property owner is entitled to all reasonable and
necessary costs incurred in defense of the eminent domain proceeding. The property owner
submitted inyoices for planning fees totaling $1,668.00; engineering fees totaling $14,982.50;
business damage expert fees totaling $21,108.75; and appraisal fees totaling $24,310.00. Through
negotiation, the parties have agreed to the following costs:
. Planning Fees:
· Engineering Fees:
· Business Damage Expert Fees:
. Appraisal Fees:
$ 1,500.00
$12,000.00
$17,000.00
$20.500.00
TOTAL
$51,000.00
Attached is the proposed Agreed Order providing for the above stated funds.
FISCAL IMPACT: Funds in the amount of $51,000.00 will come from the Transportation
Supported Gas Tax Fund and Impact Fee Funds. Source of Funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
I . Approve the Agreed Order; and
2. Approve the expenditure and disbursement offunds as stated.
PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney, Office of the County Attorney
Agenda 11em No. 16K1
January 29, 2008
Page 2 of 7
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,
Case No.: 04-3587-CA
Petitioner,
Parcel No.: 134
vs.
FIRST NATIONAL BANK OF NAPLES,
et at,
Respondents.
/
AGREED ORDER A WARDING EXPERT FEES AND COSTS
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, B.
F. FT. MYERS, INe. D/B/A WENDY'S OLD FASmONED HAMBURGERS RESTAURANTS
(hereafter "Respondent"), by and through their undersigned counsel, for entry of an Agreed Order,
and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that:
1. Respondent shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum
of Twelve Thousand Dollars and No/lOO ($12,000.00) for engineering fees of Mesimer and
Associates, Inc.
2. Respondent shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum
of Seventeen Thousand Dollars and No/lOO ($17,000.00) for business damage expert of
Morgenstern, Phifer & Messina, P.A.
Agenda Item No. 16K1
January 29, 2008
Page 3 of7
3. Respondent shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum
of One Thousand Five Hundred Dollars and NollOO ($1,500.00) for planning fees of Engelhardt.
Hammer and Associates, Inc.
4. Respondent shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum
of Twenty Thousand Five Hundred Dollars and No/I00 ($20,500.00) for appraisal fees of
Calhoun, Collister & Parham, Inc.
5. ORDERED that within thirty (30) days of receipt by Petitioner of the Agreed Order
entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total amount
of Fifty-One Thousand Dollars and No/I00 ($51,000.00) to the GAYLORD MERLIN
LUDOVICl DIAZ & BAlN TRUST ACCOUNT. do Andrew G. Diaz, Esquire, Gaylord, Merlin,
Ludovici, Diaz & Bain, 5001 West Cypress Street, Tampa, Florida 33607-3887 for proper
disbursement.
DONE AND ORDERED this _ day of
, 2008 1I1 Naples, Collier
County, Florida.
CIRCUIT COURT JUDGE
Conformed Copies to:
Heidi Ashton-Cicko, Esquire
Andrew G. Diaz, Esquire
Bookkeeping
Service List
Agenda Item No. 16K1
January 29, 2008
Page 4 of7
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing
Agreed Order as to Parcel 134.
Dated:
Dated:
@
HEIDI ASHTON-CICKO, ESQUIRE
Florida Bar No.: 966770
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 Ea~t Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
ANDREW G. DlAZ, ESQUIRE
Florida BarNo.: 974196
GAYLORD MERLIN LUDOVICI DIAZ & DAIN
5001 West Cypress Street
Tampa, FL 33607-3887
(813) 221-9000 - Telephone
(813) 221-9030 - Facsimile
A TIORNEY FOR RESPONDENT
Agenda Item No. 16K1
January 29, 2008
Page 5 of 7
SERVICE LIST
Collier County v. First National Bank of Naples, et al.
crr GroupfEquipment Financing, Inc.,
c/o C T Corporation System, Registered Agent
1200 South Pine Island Road, Suite 250
Plantation, FL 33324
Fifth Third Bank, an Ohio banking corporation
Address Unknown
CVS, Successor to Eckerd Drug Corp.
c/o Mark P. Buell, Esquire
SCHROPP BUELL & ELLlGETT, P.A.
3003 W, Azeele St., Suite 100
Tampa, FL 33609
Board of the Collier County Water-Sewer Dist.
aka Collier County Water-Sewer District
clo Thomas C. Palmer, Assistant County Attorney
Office of the County Attorney
Harmon Turner Building
VIA INTEROFFICE MAIL
The Federal Savings and Loan Insurance
Corporation as Receiyer for Sunrise Savings
and Loan Association
Address Unknown
SUN-OP Greentree Centre Corp., a Florida
corporation
Address Unknown
Florida Power & Light Company
clo Brian R. Brattebo, Esquire
Miriam C. Garcia, Paralegal
9250 W. Flagler Street
Miami, FL 33174
Green Tree Owners' Association, Inc.
c/o John C. Lukacs, Esquire
201 Sevilla Avenue, Suite 305
Coral Gables, FL 33134
AND
John G. Vega, Esquire
201 8th Street South, Suite 207
Naples, FL 34102
United Telephone Company of Florida
c/o Corporation Service Company, Reg. Agent
1201 Hays Street
Tallahassee, FL 32301
GE Capital Franchise Finance Corporation
c/o Barry D. Davidson, Esquire
HUNTON &WILUAMS LLP
Mellon Financial Center
.1 I 11 Brickell Avenue, Suite 2500
Miami, FL 33131
Kevin Hendricks, ROW Acquisition Manager
Collier County TransportationfECM
2885 South Horseshoe Drive
Naples, FL 34104
Collier County Tax Collector
c/o E. Glenn Tucker, Esquire
RHODES TUCKER & GARRETSON
POBox 887
Marco Island, FL 34146
Page] of2
Agenda Item No. 16K1
January 29, 2008
Page 6 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISStONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Recommendation to approve an Agreed Order for Payment of Expert Fees in connection with
Parcel 134 in the lawsuit styled Collier County, Florida v. First National Bank of Naples, Inc.,
e1 aI., Case No 04-3587-CA (Immokalee Road Project No. 66042). (Fiscal Impact:
$51,00000)
1/29/2008 90000 AM
Prepared By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/10/20089;23;11 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
1/14/20084;06 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
1/15/20088;38 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
1/15/20089;42 AM
Approved By
Lisa Taylor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
1/15/200811:32 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
1/15/200812:28 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
1/17/200810;51 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1/17/20084;13 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/17/20084:48 PM
file://C :IAgenda TestIExportI99-January%2029, %202008116. %20CONSENT%20AGENDA I... 1/23/2008
Page 2 of2
Agenda 11em No. 16K1
January 29, 2008
Page 7 of 7
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/20/200811 :25 AM
fi Ie:! IC :IAgenda T estlExportl99-J anuary%2029, %202008116. %20CONSENT%20AG ENDA I... 1/23/2008