Agenda 09/11/2012 Item #16K19/11/2012 Item 16.K.1.
EXECUTIVE SUMMARY
Recommendation to approve an Agreed Order awarding expert fees in connection with the acquisition
of Parcels 122 and 123 in the lawsuit styled Collier County v. William Pilger, et al., Case No. 06-1125 -
CA, County Barn Road Widening, Project No. 60101 (Fiscal Impact $11,250)
OBJECTIVE: That the Board approve the expert fees and costs associated with the acquisition of Parcels
122 and 123 in the lawsuit styled Collier County v. William Pilger, et. al., Case No. 06- 1125 -CA.
CONSIDERATIONS: On November 21, 2006, an Order of Taking was entered in Collier County Circuit
Court regarding the acquisition of right of way, drainage, and utility easements for the Widening of County
Barn Road. On December 1, 2006, Collier County deposited with the Registry of the Court the sum of
$33,600 for Parcels 122 and 123 ($16,800 each), in accordance with the Order of Taking.
On February 8, 2011, the Board approved the Stipulated Final Judgment in settlement of these parcels.
Pursuant to Section 73.091(1), Florida Statutes, the County is required to pay reasonable expert fees and
expenses incurred in the defense of this matter. Staff recommends payment of the following fees,
which are set out in the Agreed Order Awarding Expert Fees attached as Exhibit "A ":
The parent tract is vacant. The appraiser prepared a written report covering both parcels, and the engineer
performed a review and analysis of the project plans. The main issue in this case related to differences in
valuation — the owner's appraisal was based on a per acre valuation that was more than double the County's.
Staff has reviewed the expert fees as set forth in the Agreed Order and considers them to be reasonable in
light of the statutory requirements as to costs and fees imposed upon the condemning authority. If the
County goes to a cost hearing, the County is not required to pay the expert that is requesting the fee, but the
County is required to pay reasonable fees of any additional experts that are retained by owner to testify as to
the reasonableness of the original expert's fee. This means that, as a result of a cost hearing, the County
could be required to pay for an additional engineer'and appraiser. In addition, the County would need to hire
experts to counter the owner's experts, and the County will have to pay owner's attorney hourly for
supplemental proceedings.
FISCAL IMPACT: Funds in the amount of $11,250 are available in Road Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote
for approval. (JW)
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order for Expert
Fees for Parcels 122 and 123 and authorize payment of the funds as stated.
PREPARED BY: Jeff E. Wright, Assistant County Attorney
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Negotiated
Invoiced
Percentage
Amount
Amount
of invoice
Appraisal fees
$ 9,500.00
$ 11,268.75
84.3%
Engineering fees
$ 1,500.00
$ 1,750.00
85.7%
Attorney costs
$ 250.00
$ 327.67
76.3%
TOTAL
$11,250.00
$ 13,346.42
84.3%
The parent tract is vacant. The appraiser prepared a written report covering both parcels, and the engineer
performed a review and analysis of the project plans. The main issue in this case related to differences in
valuation — the owner's appraisal was based on a per acre valuation that was more than double the County's.
Staff has reviewed the expert fees as set forth in the Agreed Order and considers them to be reasonable in
light of the statutory requirements as to costs and fees imposed upon the condemning authority. If the
County goes to a cost hearing, the County is not required to pay the expert that is requesting the fee, but the
County is required to pay reasonable fees of any additional experts that are retained by owner to testify as to
the reasonableness of the original expert's fee. This means that, as a result of a cost hearing, the County
could be required to pay for an additional engineer'and appraiser. In addition, the County would need to hire
experts to counter the owner's experts, and the County will have to pay owner's attorney hourly for
supplemental proceedings.
FISCAL IMPACT: Funds in the amount of $11,250 are available in Road Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote
for approval. (JW)
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order for Expert
Fees for Parcels 122 and 123 and authorize payment of the funds as stated.
PREPARED BY: Jeff E. Wright, Assistant County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
9/11/2012 Item 16.K.1.
Item Summary: Recommendation to approve an Agreed Order awarding expert fees in
connection with the acquisition of Parcels 122 and 123 in the lawsuit styled Collier County v.
William Pilger, et al., Case No. 06- 1125 -CA, County Barn Road Widening, Project No. 60101
(Fiscal Impact $11,250)
Meeting Date: 9/11/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
8/10/2012 4:37:45 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 8/13/2012 9:22:32 AM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 8/14/2012 3:06:23 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 8/17/2012 9:42:14 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/20/2012 10:15:19 AM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 8/29/2012 8:51:30 AM
Naive: KlatzkowJeff
Title: County Attorney
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Date: 8/29/2012 11:29:26 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 8/31/2012 3:33:33 PM
Name: OchsLeo
Title: County Manager
Date: 9/1/2012 2:56:07 PM
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9/11/2012 Item 16.K.1.
9/11/2012 Item 16.K.1.
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,
Petitioner, Case No. 06- 1125 -CA
V.
WILLIAM M. PILGER, et al., Parcel Nos.: 122 & 123
Respondents
1
AGREED ORDER
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, 524
BROADWAY COMPANY LP, by and through its undersigned counsel, for entry of an Agreed
Order, and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondent, 524 BROADWAY COMPANY LP,
receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nine Thousand Five
Hundred Dollars and No /100 ($9,500) for appraisal fees incurred in connection with Parcels
122 and 123; it is further
ORDERED that Respondent, 524 BROADWAY COMPANY LP, receive from
Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Thousand Five Hundred Dollars
and No /100 ($1,500) for engineering fees incurred in connection with Parcels 122 and 123; it is
further
ORDERED that Respondent, 524 BROADWAY COMPANY LP, receive from Petitioner
COLLIER COUNTY, FLORIDA, the sum of Two Hundred Fifty Dollars and No /100 ($250)
for attorney costs incurred in connection with Parcels 122 and 123; it is further
ORDERED that within thirty (30) days of receipt of the Agreed Order entered by the
Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Eleven Thousand
Two Hundred Fifty Dollars and No /100 ($11,250) to DEWITT LAW c/o Richard J. Dewitt,
III, Esquire, 2121 Ponce de Leon Blvd., Coral Gables, Florida 33134 -.5224 for the benefit of
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9/11/2012 Item 16.K.1.
Respondent, 524 BROADWAY COMPANY LP, for appraisal and engineering fees and attorney
costs for Parcels 122 and 123. No other attorney's fees, expert fees or other costs shall be
awarded in connection with this matter.
DONE AND ORDERED this _ day of , 2012, in Naples, Collier County,
Florida.
Conformed copies to:
Jeff E. Wright, Esquire
Richard J. Dewitt, III, Esquire
Brenda C. Garretson, Esquire
Kevin Hendricks, Manager ROW
Accounting
CYNTHIA A. PIVACEK
Circuit Court Judge
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 122 and 12' ).
Dated: 1//-
RICHA J. DEWITT, III
Florid n ar No. 879711
DEWITT LAW
2121 Ponce de Leon Blvd.
Coral Gables, Florida 33134 -5224
rdewitt u?dewittl eaal .corn
(305) 421 -6400- Telephone
(786) 264 - 5524 - Facsimile
ATTORNEY FOR RESPONDENT
524 Broadway Company LP
06- 1125CA/384
Dated:
JEFF E. WRIGHT
Florida Bar No. 20203
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail -Suite 800
Naples, Florida 34112
t fwriuht('i�colliergov.net
(239) 252 -8400 - Telephone
(239) 252 -6300 - Facsimile
ATTORNEY FOR PETITIONER
Collier County
2
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