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Agenda 06/26/2012 Item #16A13- `26"") i . i Iterr ...,��.. F . . EXECUTIVE SUMMARY Recommendation to approve an increase in the amount of the Purchase Order for Equable Real Estate Solutions, a real estate appraisal firm, which is providing the County's expert witness services in the pending eminent domain valuation trial in the case styled Collier County v. Stonebridge Country Club Community Association, et al, Project No. 60116. (Fiscal Impact: Not to Exceed $50,000) OBJECTIVE: To secure the Board's approval to increase the purchase order for the real estate firm of Equable Real Estate Solutions, Inc., the County's principal expert witness in the pending eminent domain valuation trial from $49,000 to $99,000. CONSIDERATIONS: The property being appraised is the Greentree Shopping Center at the southwest corner of the intersection of Immokalee Road and Airport- Pulling Road, a portion of which was condemned in connection with the six -laning of Immokalee Road. This case has recently been assigned to a new judge and a trial is tentatively set for September of 2012. Although the County has filed motions with the court, which may obviate the need for the trial altogether, the county must be fully prepared to take this matter to trial in September. That means the County's lawyers must prepare its witnesses for direct and cross examination prior to their appearances in the courtroom. The existing purchase order for these services, originally issued for $49,000, currently has a balance of only $4,815. In an eminent domain valuation trial, the appraisal witness is usually the most expensive expert witness due to the fact that the real estate appraiser must incorporate in the appraisal report, and through his testimony at trial, the work of several other experts, including surveyors, drainage engineers, and land planners. While the hearings to be held on the county's motions are set for this July, in the event of an unfavorable ruling, the county needs to be prepared for a valuation trial in a very short time. Although it may not be necessary to exceed the original amount of the purchase order (if the county prevails on its pending motions), staff is requesting that the purchase order be increased to $99,000 so that the county may procure expert witness services, if necessary. It is not uncommon for the appraisal witness' fees in an eminent domain valuation trial to exceed $100,000, especially in a case such as this, where the amount in controversy is in excess of $6,000,000. With this executive summary, staff and the Office of the County Attorney are seeking the Board's approval to increase the existing purchase order for Equable Real Estate Solutions, Inc., from the current amount of $49,000 to a total limit of $99,000. FISCAL IMPACT: The additional funds in the amount of $50,000 are available from Road Impact Fee District Four. Source of funds are road impact fees. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this recommendation. Packet Page -900- LEGAL CONSIDERATIONS: This item iS i:galiy sufficient fo:- Board actior:, and requires L. majority vote for Board approval. STW RECOMMENDATION: That the Board of County Commissioners approve an increase in the existing purchase order for Equable Real Estate Solutions, Inc., from $49,000 to $99,000. Prepared By: Kevin Hendricks, Right -of -Way Acquisition Manager Packet Page -901- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.13. Item Summary: Recommendation to approve an increase in the amount of the Purchase Order for Equable Real Estate Solutions, a real estate appraisal firm, which is providing the County's primary expert witness services in the pending eminent domain valuation trial in the case styled Collier County v. Stonebridge Country Club Community Association, et al, Project No. 60116. (Fiscal Impact: Not to Exceed $50,000) Meeting Date: 6/26/2012 Prepared By Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering 6/12/2012 11:11:48 AM Approved By Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 6/13/2012 10:58:04 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 6/13/2012 11:50:38 AM Name: ShueGene Date: 6/13/2012 12:59:26 PM Name: TaylorLisa Title: Management /Budget Analyst,Transportation Administr Date: 6/13/2012 2:41:09 PM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 6/13/2012 3:06:14 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Packet Page -902- Date: 6/13/2012 5:16:37 PM Name: WilliamsSteven Title: Assistant County Attomey,County Attorney Date: 6/15/2012 10:13:36 AM Name: KlatzkowJeff Title: County Attorney Date: 6/15/2012 10:58:22 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 6/18/2012 2:04:18 PM Name: OchsLeo Title: County Manager Date: 6/18/2012 3:25:00 PM Packet Page -903- Ile-