Agenda 06/26/2012 Item #16K 26/26/2012 Item 16.K.2.
Executive SummarX
Recommendation to Approve a Stipulated Order Taxingly! Supplemental Attorney's Fees in
connection with Parcel 811 in the lawsuit styled Collier County v. Myrtle Preserve, LLC, et
aL, Case No. 07- 0463 -CA, Collier Boulevard Project No. 51101 (Fiscal Impact: $7,500).
OBJECTIVE: That the Board of County Commissioners approve the settlement of
"supplemental" attorney's fees associated with the acquisition of Parcel 811 in the lawsuit styled
Collier County v. Myrtle Preserve, LLC, et al., Case No. 07- 0463 -CA.
CONSIDERATIONS: On January 11, 2011 (Item 16K3), the Board of County Commissioners
approved a Stipulated Final Judgment in settlement of Parcel 811 with the property owner,
Cornelia Jones. Expert costs were not covered, and were in dispute. The owner initiated
proceedings to force payment of the fees. The expert fees were resolved and approved by the
Board on March 8, 2011. The owner's attorney has submitted an invoice containing $8,283.27
in costs and attorney's fees for supplemental proceedings; and the Circuit Court has opined that
supplemental attorney's fees are due. The owner's attorney has agreed to settle the invoice for
$7,500 (approximately 90% of the invoiced amount).
Staff has reviewed the attorney's fees as set forth in the Stipulated Order and considers them to
be reasonable. The cost of further challenge to the attorney's fees would only increase the
County's costs.
FISCAL IMPACT: Funds in the amount of $7,500 are available in the Stormwater Capital
Program. Source of funds are ad valorem.
GROWTH MANAGEMENT IMPACT: This project will further the goals and policies of the
Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for Board approval. -JW
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Order and the expenditure and disbursement of funds as stated.
PREPARED BY: Jeff E. Wright, Assistant County Attorney
Attachments: (1) Stipulated Order
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6/26/2012 Item 16.K.2.
COLLIER COUNTY
Board of County commissioners
Item Number: 16.K.2.
Item Summary: Recommendation to Approve a Stipulated Order Taxing Supplemental
Attorney's Fees in connection with Parcel 811 in the lawsuit styled Collier County v. Myrtle
Preserve, LLC, et al., Case No. 07- 0463 -CA, Collier Boulevard Project No. 51101 (Fiscal Impact:
$7,500).
Meeting Date: 6/26/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
6/14/2012 3:43:13 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 6/14/2012 4:44:58 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 6/15/2012 9:11:36 AM
Name: Tara Castillo
Title: Fiscal Technician,Transportation Engineering & Con
Date: 6/18/2012 3:26:32 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/18/2012 3:56:42 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 6/19/2012 8:55:57 AM
Name: KlatzkowJeff
Title: County Attorney
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Date: 6/19/2012 9:22:52 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/19/2012 9:31:23 AM
Name: OchsLeo
Title: County Manager
Date: 6/19/2012 9:47:03 AM
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6/26/2012 Item 16.K.2.
6/26/2012 Item 16.K.2.
IN THE CIRCUIT COURT OF TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL. ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner,
VS.
Case No.: 07- 0463 -CA
Parcel No.: 811 /Cornelia Jones
MYRTLE PRESERVE, LLC., et al.,
Respondents.
STIPULATED ORDER TAXING SUPPLEMENTAL ATTORNEY'S FEES
THIS CAUSE having come upon joint motion for the entry of a Stipulated Order Taxing
Supplemental Attorney's Fees made by the Petitioner, COLLIER COUNTY, and the Respondent,
CORNELIA JONES, and it appearing to the Court that the parties were authorized to enter into such
stipulation, and the Court finding that the compensation to be paid by the Petitioner is full, just and
reasonable for all parties concerned, and the Court being fully advised inthe premises, it is therefore,
ORDERED AND ADJUDGED that the attorneys for Respondent, CORNELIA JONES, does
have and recover of and from the Petitioner for supplemental attorney's fees the total sum of SEVEN
THOUSAND FIVE HUNDRED AND 00 /100 DOLLARS ($7,500.00), and it is further,
ORDERED that within thirty (30) days, the Petitioner, COLLIR COUNTY, shall pay the
total sum of SEVEN THOUSAND FIVE HUNDRED AND 00 /100 DOLLARS ($7,500.00), as
stipulated to in the paragraphs above, said sum to be paid directly to Roetzel & Andress, Trust
Account, as attorneys for the Respondent.
Respondent hereby waives any claim for any other supplemental fees.
6341671_1
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6/26/2012 Item 16.K.2.
DONE AND ORDERED in chambers in Naples, Collier County, FL this day of
2012.
The Honorable Cynthia Pivacek
Conformed copies furnished to:
Kenneth A. Jones, Esquire
Jeff Wright, Esquire
6341671_1
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6/26/2012 Item 16.K.2.
IN THE CIRCUIT COURT OF TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner,
Vs.
MYRTLE PRESERVE, LLC., et al.,
Respondents.
JOINT MOTION
Case No.: 07- 0463 -CA
Parcel No.: 811 /Cornelia Jones
The parties, by and through their undersigned attorneys, respectfully move this Honorable
Court for the entry of the foregoing Stipulated Order Taxing Supplemental Attorney's Fees.
Kenneth A. Jones, Esq.
ROETZEL & ANDRESS, LPA
2320 First Street, Suite 1000
Fort Myers, Florida, 33901
Telephone: 239 - 337 -3850
Florida Bar No. 200158
Dated:
6341671_1
Jeff E. Wright, Esq.
COLLIER COUNTY ATTORNEY'S OFFICE
3299 Tamiami Trail, Suite 800
Naples, FL 34112
Telephone: 239- 252 -8400
Florida Bar No. 20203
Dated:
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