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Agenda 11/10/2015 Item #16A25 11/10/2015 16.A.25. EXECUTIVE SUMMARY Recommendation to approve increasing a Purchase Order for outside counsel, Smolker Bartlett Loeb Hinds & Sheppard P.A., in the amount of$30,000 for anticipated attorney fees in support of eminent domain litigation for the US-41 / Collier Boulevard Intersection Improvement Project (Project No. 60116). Fiscal Impact$30,000. OBJECTIVE: To support the pending litigation over the matter of full compensation and business damages for the taking of property required for the construction of improvements to the intersection of US-41 and Collier Boulevard. CONSIDERATIONS: The County retained the law firm of Smolker Bartlett Loeb Hinds & Sheppard, P.A. ("Smolker Bartlett") to assist with the eminent domain litigation for the US-41 / Collier Boulevard Intersection Improvement Project, Project No. 60116. There are nine parcels remaining in this project being handled by Smolker Bartlett. Seven of the remaining parcels were condemned from Lowe's Home Centers, Inc. Those parcels are scheduled to go to trial in February, but it is expected that the parties will be able to resolve the case through mediation. With that in mind, it is estimated that an additional $30,000 will be required to negotiate final judgments with opposing counsel on the remaining parcels. FISCAL IMPACT: Funds in the amount of $30,000 are available in the Transportation US 41/SR-CR-951 Intersection Improvement Project (#60116) for increasing the existing vendor purchase order. There is no incremental maintenance cost associated with this action. Source of funds will be gas taxes and/or road impact fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact association with this recommendation. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -ERP RECOMMENDATION: To approve increasing a Purchase Order in the amount of$30,000 to cover attorney fees anticipated in support of eminent domain litigation for the US-41 / Collier Boulevard Intersection Improvement project; and approve any and all budget amendments which may be required in order to carry out the collective will of the Board. Prepared by: Emily Pepin, Esq., Assistant County Attorney Packet Page-715- 11/10/2015 16.A.25. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.25. Item Summary: Recommendation to approve increasing a Purchase Order for outside counsel, Smolker Bartlett Loeb Hinds &Sheppard P.A., in the amount of$30,000 for anticipated attorney fees in support of eminent domain litigation for the US-41/Collier Boulevard Intersection Improvement Project (Project No. 60116). Fiscal Impact $30,000. Meeting Date: 11/10/2015 Prepared By Name: HendricksKevin Title: Manager-Right of Way, Transportation Engineering&Construction Management 10/21/2015 12:17:32 PM Submitted by Title: Manager-Right of Way, Transportation Engineering&Construction Management Name: HendricksKevin 10/21/2015 12:17:33 PM Approved By Name: LynchDiane Title: Supervisor-Operations, Road Maintenance Date: 10/21/2015 1:59:27 PM Name: AhmadJay Title: Division Director-Transportation Eng, Transportation Engineering&Construction Management Date: 10/21/2015 2:53:46 PM Name: KearnsAllison Title: Manager-Financial &Operational Sprt, Capital Construction &Maintenance Budget/Fiscal Date: 10/21/2015 8:33:26 PM Name: ShueGene Title: Division Director-Operations Support, Growth Management Department Date: 10/22/2015 8:38:14 AM Packet Page -716- 11/10/2015 16.A.25. Name: TaylorLisa Title: Management/Budget Analyst, Senior, Capital Construction &Maintenance Budget/Fiscal Date: l 0/22/2015 2:56:27 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 10/23/2015 9:26:36 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 10/26/2015 11:57:54 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/28/2015 4:52:13 PM Name: UsherSusan Title: ManagementBudget Analyst, Senior, Office of Management&Budget Date: 11/2/2015 10:24:48 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/2/2015 2:48:16 PM Packet Page-717-