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Agenda 09/13/2016 R Item #16K 4 16.K.4 09/13/2016 EXECUTIVE SUMMARY Recommendation to approve a Joint Motion and proposed Stipulated Final Judgment for Expert Fees incurred by Respondent Eden Institute, in the amount of $10,839.48 for Parcel 128, in the pending eminent domain case styled Collier County v. Charles R. Keller, et al., Case No. 06-CA- 0876, relating to Project No. 60101, the expansion of County Barn Road. (Fiscal Impact: $10,839.48) OBJECTIVE: To approve a proposed Stipulated Final Judgment for Expert Fees incurred by Respondent Eden Institute in the amount of $10,839.48 for Parcel 128, in the pending eminent domain case styled Collier County v. Charles R. Keller, et al., Case No. 06-CA-0876, relating to Project No. 60101,the expansion of County Barn Road,hereinafter referred to as the"Project." CONSIDERATIONS: Respondent Eden Institute provided the County with its expert appraiser invoice in the amount of $13,262.50, attached for reference. Through negotiation, the parties agreed to reimbursement of$10,839.48 expended by Eden Institute,less than 82% of the original invoiced amount. The County Attorney's Office and Staff recommend approval of this Joint Motion and proposed Stipulated Final Judgment since a better result is not anticipated at trial. Upon approval, the County Attorney's Office will file the attached Joint Motion with the Circuit Court. FISCAL IMPACT: Funds in the amount of$10,839.48 will be paid from gas taxes and/or impact fees from the County Barn Road Project No. 60101. The primary funding source for the acquisition of right- of-way is impact fees. Should impact fees not be sufficient within a particular project, the secondary funding source will be gas taxes. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: To approve the attached Joint Motion and proposed Stipulated Final Judgment and authorize the payment of funds as stated herein. Prepared by: Jennifer A. Belpedio,Assistant County Attorney ATTACHMENT(S) 1.Proposed Joint Motion and Stipulated Final Judgment (PDF) 2.Respondent's Appraiser Invoice (PDF) Packet Pg. 3389 1 6.K.4 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4 Item Summary: Recommendation to approve a Joint Motion and proposed Stipulated Final Judgment for Expert Fees incurred by Respondent Eden Institute, in the amount of$10,839.48 for Parcel 128, in the pending eminent domain case styled Collier County v. Charles R. Keller, et al., Case No. 06- CA-0876, relating to Project No. 60101, the expansion of County Barn Road. (Fiscal Impact: $10,839.48) Meeting Date: 09/13/2016 Prepared by: Title: Legal Assistant—County Attorney's Office Name: Rosa Villarreal 08/26/2016 4:11 PM Submitted by: Title: County Attorney—County Attorney's Office Name: Jeffrey A.Klatzkow 08/26/2016 4:11 PM Approved By: Review: Transportation Engineering Kevin Hendricks Level 1 Sim.Reviewer 1-8 Completed 08/29/2016 8:46 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/29/2016 1:31 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/29/2016 1:49 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2016 2:03 PM Office of Management and Budget Susan Usher Level 3 OMB 1st Reviewer 1-4 Completed 08/30/2016 2:33 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/30/2016 4:58 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg. 3390 pesodoad pue uoi o j luior : L681.) ;uaw6pnr Feuid pe4etndflG pue uopow luior pasodoid :;uauayoefy M a IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA co CIVIL ACTION a I COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, v. CASE NO. 06-CA-876 PARCEL NO: 128 CHARLES R. KELLER, ET AL., Respondents. JOINT MOTION FOR STIPULATED FINAL JUDGMENT FOR EXPERT FEES Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, EDEN INSTITUTE FOUNDATION, INC., by and through their undersigned counsel, hereby respectfully move for entry of the attached Stipulated Final Judgment for Expert Fees attached hereto as Exhibit"A." Dated: 9/12_ t /‘ Dated: JOHN W. LITT ,III, ESQUIRE EMILY R. PEPIN Florida Bar No. 3 798 Florida Bar No. 92956 Gunster, Yoakley & Stewart,P.A. ASSISTANT COUNTY ATTORNEY 777 S Flagler Dr. Ste. 500E Harmon Turner Building West Palm Beach, Florida 33401-6121 3299 East Tamiami Trail-Ste. 800 (561) 650-0701 -Telephone Naples, Florida 34112 (561) 671-2491 -Facsimile (239) 252-8400 - Telephone ilittle(/gunster.com; eservice@gunster.com; (239) 252-6300 - Facsimile alackey@gunster.com ATTORNEY FOR PETITIONER Attorney for Respondent: COLLIER COUNTY,FLORIDA EDEN INSTITUTE FOUNDATION, INC. pesodoid pue uoglovj lugor : L680 lueiu6pnr geugj pelegnd`ISS pue uogloNg lu!or pesodoid :luauagoelly M M 6 a. r m EXHIBIT "A" a IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, Petitioner, v. CASE NO. 06-CA-876 PARCEL NO: 128 CHARLES R. KELLER, ET AL., Respondents. STIPULATED FINAL JUDGMENT FOR EXPERT FEES THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, EDEN INSTITUTE FOUNDATION, INC., by and through its undersigned counsel, for entry of a Stipulated Final Judgment for Expert Fees, and it appearing to the Court that the parties are authorized to make such motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation for Expert Fees due Respondent, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED that Respondent, EDEN INSTITUTE FOUNDATION, INC., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Ten Thousand Eight Hundred Thirty-Nine and 48/100 Dollars (810,839.48) as compensation for all expert fees and costs incurred as a result of the taking of Parcel 128; it is further ORDERED that within thirty (30) days from the date of this Stipulated Final Judgment, Petitioner shall disburse the sum awarded herein in the amount of Ten Thousand Eight [06-876-CA/1271825/1] ro pasodoid pue uoo}o j lu[or : L681.) luew6pnr Deus j pa;elndgg pue uogovj lu[or pesodoad :luewuoefly Y M tG th a 115 Hundred Thirty-Nine and 48/100 Dollars ($10,839.48) to the Gunster, Yoakley & Stewart, Ne a. P.A. Trust Account, c/o John W. Little, III, Esq., 777 S. Flagler Drive, Suite 500E, West Palm Beach, Florida 33401-6121; it is further ORDERED that this Stipulated Final Judgment disposes of all claims arising out of the taking of Parcel 128 that have or could have been asserted in this cause and no further fees or costs shall be awarded for the taking of Parcel 128; it is further ORDERED that this Court reserves jurisdiction to enforce this Stipulated Final Judgment. DONE AND ORDERED in Chambers in Naples, Florida this day of 2016. HONORABLE JAMES R. SHENKO CIRCUIT COURT JUDGE Conformed copies to: Emily R. Pepin,Esquire John W. Little, III, Esquire Kevin Hendricks, Transportation ROW Acquisition Manager Clerk office, Accounting 06-876-CA/862 [06-876-CA/1271825/1] I6.K.4.b DURRANCE Ti; ASSOCIATES FIEAL ESTATE A"'UISN,LS ® CONSULTING • MARKET:r L`:'Sr' c6 d I- C, October 6, 2014 Y Gunster, Yoakley & Stewart, P.A. c/o John Little 777 South Flagler Drive cts Suite 500 East U West Palm Beach, Florida 33401 Re: Project: County Barn Rd County: Collier Owner: Eden Institute Parcel #: 128 76 Invoice #: 2459 �- INVOICE For the professional appraisal services of Durrance and Associates, regarding the above referenced property, the following amount is due: o a. Durrance 23.50 Hours @ $240.00/Hr. $5,640.00 a Schauer 44.50 Hours @ $170.00/Hr. $7,565.00 Spies 0.50 Hours @ $115.00/Hr. $57.50 0 0 Total Invoice Amount as of 10/6/2014 $13,262.50 2 0 If you need further information regarding the preceding, please let me know. co Sincerely Yours, CDDURRANCE and ASSOCIATES Chad G. Durrance, President, MAI State-Certified General Real Estate Appraiser RZ987 C) 0 a. m Sent Via Email: ALackey@gunster.com File No: 08-994 °? jlittle@gunster.corn U 300 S Hyde Park Ave Suite#201 o Tampa,FL 33606 ® Phone: (813)253-5351 Z( Packet Pg. 3394 16.K.4.b DESCRIPTION OF SERVICES Eden Institute 08-994 as C.) Chad G. Durrance a w Date Description Hours 13 a) 2/10/2009 REVIEW FILE DOCUMENTATION. READ COUNTY APPRAISAL AND REVIEW SALES AND 3.75 REPORT. PHONE CONFERENCE WITH RICHARD DEWITT. 2/18/2009 INITIAL SALES REVIEW. 0.50 w 3/9/2009 REVIEW/REFINE SALES DATA. PHONE CALL TO RICHARD DEWITT RELATING TO STATUS 1.75 ca AND UNRESOLVED ISSUES. U 4/3/2009 REVIEW CORRESPONDENCE. 0.25 > U 8/17/2009 REVIEW POTENTIAL SALES AND RE-SALES OF COUNTY COMPARABLES. ROUGH OUT2.25 U PRELIMINARY VALUES FOR PART TAKEN. DISCUSS SALES AND FINDINGS WITH STAFF ALONG WITH ADDITIONAL INFORMATION NEEDED. °' ca8/21/2009 REVIEW SALES INFORMATION AND RELATED DATA PUT TOGETHER BY STAFF. PHONE 2.00 'a CONFERENCE WITH JOHN LITTLE RELATIVE TO FINDINGS THUS FAR. 8/24/2009 REVIEW/INSPECT OF SALES/SUBJECT. 1.75 c 9/25/2009 REVIEW/ANALYSIS OF COMPARABLE SALES DATA. 2.75 -a 3/9/2010 REVIEW/ANALYSIS OF POTENTIAL SALES AND FACTUAL INFORMATION REGARDING1.75 — m SUBJECT. REVIEW OUTLINE PUT TOGETHER BY STAFF. a 3/23/2010 SALES ANALYSIS. CONSIDERED NUMEROUS FACTORS IN RELATION TO SUBJECT 2.50 INCLUDING LAND USE,ZONING, UTILITIES AND RELATED FACTORS. 3/24/2010 FINISH UP INITIAL ANALYSIS AND SALES REVIEW. 2.50 a 0 L 3/29/2010 FINISH UP ANALYSIS. 1.75 CI c TOTAL HOURS - Chad G. Durrance 23.50 0 O .F+ Q0 O .t. Chad G. Durrance Page 1 of 3 Packet Pg. 3395 16.K.4.b DESCRIPTION OF SERVICES Eden Institute 08-994 a� U Kenneth R. Schauer a Date Description Hours 2/18/2009 REVIEW FILE AND COUNTY APPRAISAL REPORT. RESEARCH OF COMPARABLE LAND 8.25 Y SALES. PREPARATION OF LOCATION MAP OF COMPARABLE SALES. 2/19/2009 PREPARATION OF LOCATION MAP OF COMPARABLE SALES. 1.00 m 8/14/2009 FOLLOW UP ON VARIOUS ISSUES PER CHAD. ANALYSIS OF APPRAISAL ISSUES AND5.50 7. COMPARABLE SALES. DOCUMENTATION OF DETAILS. U 9/14/2009 RESEARCH COMPARABLE LAND SALES. REVIEW OF RECORDED DOCUMENTS INCLUDING 4.25 > DEEDS, LEGAL DESCRIPTIONS, SITE DIMENSIONS,ZONING AND FLU. U 9/15/2009 RESEARCH COMPARABLE LAND SALES. REVIEW OF RECORDED DOCUMENTS INCLUDING 4.00 m DEEDS, LEGAL DESCRIPTIONS, SITE DIMENSIONS,ZONING AND FLU. 9/18/2009 INSPECTION OF SUBJECT PROPERTY AND COMPARABLE SALES. 2.00 a 9/19/2009 PREPARATION OF SALES DATA AND EXHIBITS. 2.00 9/21/2009 PREPARATION OF SALES DATA, VERIFICATION AND DOCUMENTATION OF SAME. 4.50 ii 9/25/2009 PREPARATION OF SALES DATA,VERIFICATION AND DOCUMENTATION OF SAME. 2.75 9/28/2009 PREPARATION OF DOCUMENT OUTLINE. 6.00 a co 3/24/2010 REFINE DOCUMENT OUTLINE. 2.25 -a 3/25/2010 REFINE DOCUMENT OUTLINE. 2.00 O L TOTAL HOURS - Kenneth R. Schauer 44.50 Q- 0 r O a 0 ti rn 0 O > 4- L Q 0. 4-. C) O a. y(U I.L. Cr) E U as Kenneth R. Schauer Page 2 of 3 Packet Pg. 3396 16.K.4.b DESCRIPTION OF SERVICES Eden Institute 08-994 Melissa Spies rt Date Description Hours 11/18/2008 GATHER PRELIMINARY SUBJECT DATA/MAPS. 0.50 TOTAL HOURS - Melissa Spies 0.50 717). c.) (7) `) iZ 0_ (i) 0 co 0 •• co 0 2c0 0. 0. .(f) 0 (/) CD ce Melissa Spies Page 3 of 3 ',7z Packet Pg. 3397