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Agenda 06/26/2018 Item #16K106/26/2018 EXECUTIVE SUMMARY Recommendation to approve a Stipulated Order on Attorney Fees and Costs in the amount of $750 to Goetz and Goetz appointed by the Court to represent the interests of Respondent Dahlia Gustard, Parcel 351RDUE in the case styled Collier County v. Bonnie L. Falcon, et al., Case No. 16- CA-1317, (Project No. 60145). (Fiscal Impact: $750) OBJECTIVE: To settle attorney’s fees in the amount of $750 to Goetz and Goetz appointed by the Court to represent the interests of Respondent Dahlia Gustard as to Parcel 351RDUE required for the widening of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard, Project No. 60145, (“Project”). CONSIDERATIONS: On July 26, 2016, the County Attorney’s Office (“CAO”) filed the referenced eminent domain case to acquire the property needed to construct the Project, which included Parcel 351RDUE owned by Dahlia Gustard. Ms. Gustard’s last known address of record is out of state, so the County effectuated constructive service of process by placing a Notice of Action advertisement in the local newspaper and mailing a copy of the Petition package to Ms. Gustard, in accordance with state statute. The mailing was returned as undeliverable, and subsequent attempts to locate and contact Ms. Gustard by the CAO were unsuccessful. Since the County did not have personal service nor an accurate address of record, the Court ordered the appointment of the law firm Goetz & Goetz as Guardian Ad Litem to represent the interests of Respondent owner Dahlia Gustard as to Parcel 351RDUE. The Guardian Ad Litem filed an Answer to the County’s Petition on behalf of Ms. Gustard, and filed a report with the Court advising mail sent to her had been returned. Eventually, Ms. Gustard contacted the CAO directly and final compensation for Parcel 351RDUE was agreed upon for the original deposit amount. Despite not achieving a benefit for the client, the County is obligated to pay reasonable hourly attorney’s fees for eminent domain proceedings that do not result in a monetary benefit, but are obligated by the commencement of an eminent domain proceeding, pursuant to Section 73.092(2), Florida Statutes. The Guardian Ad Litem spent 3 hours on this matter, at a rate of $250 per hour, for a total of $750, as evidenced in the attached statement. The CAO recommends payment of the attorney’s fees as the fees are minor and the cost to dispute the fees would exceed the cost of the claim. FISCAL IMPACT: Funds in the amount of $750 will be paid from gas taxes and/or impact fees from Golden Gate Blvd. Transportation Capital Improvement Project No. 60145. 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 prepared by the County Attorney’s Office, is approved as to form and legality, and requires a majority vote for Board approval. - ERP RECOMMENDATION: To approve a Stipulated Order on Attorney Fees and Costs in the amount of $750 to Goetz and Goetz appointed by the Court to represent the interests of Respondent Dahlia Gustard, Parcel 351RDUE in the case styled Collier County v. Bonnie L. Falcon, et al, Case No. 16-CA-1317, relating to the widening of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard, Project No. 60145. Prepared by: Emily R. Pepin, Assistant County Attorney 06/26/2018 ATTACHMENT(S) 1. Order Appointing Guardian Ad Litem (PDF) 2. Statement of Goetz & Goetz for Guardian Ad Litem Services (PDF) 3. Proposed Stipulated Order on Attorney Fees and Costs (PDF) 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1 Doc ID: 5926 Item Summary: Recommendation to approve a Stipulated Order on Attorney Fees and Costs in the amount of $750 to Goetz and Goetz appointed by the Court to represent the interests of Respondent Dahlia Gustard, Parcel 351RDUE in the case styled Collier County v. Bonnie L. Falcon, et al., Case No. 16-CA-1317, (Project No. 60145). (Fiscal Impact: $750) Meeting Date: 06/26/2018 Prepared by: Title: Legal Office Administrator – County Attorney's Office Name: Debbie Allen 06/11/2018 3:30 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 06/11/2018 3:30 PM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 06/11/2018 3:44 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 06/11/2018 3:53 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 06/12/2018 7:34 AM Transportation Engineering Robert Bosch Additional Reviewer Completed 06/12/2018 8:50 AM Growth Management Department Gene Shue Additional Reviewer Completed 06/12/2018 9:11 AM Growth Management Department Jeanne Marcella Department Head Review Completed 06/13/2018 9:12 AM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 06/13/2018 9:52 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/13/2018 11:36 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2018 10:29 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/15/2018 2:44 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/15/2018 4:00 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, Petitioner, V. Case No.: 16 -CA -1317 PARCEL: 351RDUE Bonnie L. Falcon; DAHLIA GUSTARD; UNKNOWN TENANTS, if any; BANK OF AMERICA, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for Bank of America, N.A.; XAVIER ENRIQUE RODRIGUEZ; ALL SURFACE CLEANING; The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificate Holders CWALT, Inc., Alternative Loan Trustee 2005-75CB Mortgage Passthrough Certificates, Series 2005-75CB; PNC Bank N.A., as successor by merger to National City Bank, Asset Acceptance, LLC; Seretta Leigh Cottage; Robert Cottage; Caliber Home Loans, Inc; and Julian Castro, Secretary, U.S. Department of Housing and Urban Development; Respondents. [Respondents & Parcels reflected in italics indicate removal from action by Dismissal, Final Judgment, or Default] ORDER ON APPOINTMENT OF GUARDIAN AD LITEM THIS MATTER came before the Court upon Petitioner COLLIER COUNTY'S Motion for Appointment of Guardian Ad Litem on behalf of Respondent DAHLIA GUSTARD, in connection with Parcel 351RDUE; and the Court having considered the Motion and being otherwise duly apprised in the premises, it is now ORDERED AND ADJUDGED: AQ*& Goek.1 Petitioner's Motion is GRANTED. ; ,E 034'1 �3 a��va �'r' is hereby appointed as Guardian Ad Litem in this cause on behalf of Respondent DAHLIA GUSTARD, in connection •-,'��' r with Parcel 351RDUF g a- W (J�v s'1-�i� [16 -CA -1317/1366 49/1] Page 1 of 2a iL DONE AND ORDERED in Collier County, Florida, on this 3 day of , 2017. Conformed Copies to: Below Service List iauu-ju vsi4ci THE HONORABLE LAUREN L. BRODIE Circuit Court Judge SERVICE LIST COLLIER COUNTY v. BONNIE L. FALCON, ET AL. Case No. 16 -CA -1317 PARCEL 351RDUE Guardian Ad Litem -51 33 �a►rk-�.c...1 C..:r, l F'C : 'M�,,.r � �'t.'�`� g 01 on behalf of DAHLIA GUSTARD 105-45 133`d Street South Richmond Hill, NY 11419 UNKNOWN TENANTS, if any 2861 Golden Gate Blvd. E. Naples, FL 34120 16 -CA -1317/#351 [16 -CA -1317/1366549/11 BANK OF AMERICA, N.A. c/o Walter Grace, Jr., Esq. Goetz & Goetz arg cew(a o etzlegal.com MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for Bank of America, N.A. c/o Walter Grace, Jr., Esq. Goetz & Goetz acew , og etzlegal.com Page 2 of 2 Statement Date 6/1/2018 To: Collier County Board of County Commissioners c/o Collier County Attorney's Office 3299 E. Tamiami Trail, Ste 800 Naples, FL 34112 Goetz & Goetz 33 Barkley Circle Unit 100 Fort Myers, FL 33907-7678 Amount Due $750.00 Amount Enc. CURRENT 0.00 1-30 DAYS DUE 0.00 31-60 DAYS PAST DUE 0.00 61-90 DAYS PAST DUE 0.00 OVER 90 DAYS PAST DUE 750.00 Amount Due $750.00 Make Funds payable to Goetz and Goetz. Tax ID 59-2032641 Thank you for your business! Phone #239-936-2841 Fax #239-936-4197 Hearing Date Transaction Description Fee Amount 10/31/2017 INV #47465. Due 10/31/2017. Orig. Amount $750.00. --- 106, 3 @ $250.00 = 750.00 750.00 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,a political subdivision of the State of Florida, Petitioner, v. Case No.: PARCEL: 16-CA-1317 351RDUE Bonnie L.Falcon;Dahlia Gustard;UNKNOWN TENANTS,n/k/a Traccy Bukowczyk;BANK OF AMERICA,N.A.;MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,as nominee for Bank of America,N.A.;Xavier Enrique Rodriguez; All Surface Cleaning; TheBank ofNew York Mellon, f/k/a TheBank ofNew York,as Trusteefor the Certificate Holders CWALT,Inc.,Alternative Loan Trustee 2005-75CB Mortgage Passthrough Certificates, Series 2005-75CB; PNC Bank,N.A., as successor by mergerto National City Bank;Asset Acceptance,LLC; Seretta Leigh Cottage; Robert Cottage; Caliber Home Loans,Inc;andJulian Castro, Secretary, U.S. Department ofHousing and Urban Development; Respondents. / PETITIONER COLLIER COUNTY AND RESPONDENT DAHLIA GUSTARD'S JOINT MOTION FOR STIPULATED ORDER ON ATTORNEY FEES AND COSTS AS TO PARCEL 351RDUE COMES NOW,Petitioner,COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, ("COLLIER COUNTY"), and Respondent DAHLIA GUSTARD, by and through undersigned counsel, and jointly move this Honorable Court for entry of the proposed Stipulated Order on Attorney Feesand Costs as to Parcel 351RDUE,attached hereto as Exhibit "1". EMILY R.PEPIN,ESQ. Florida Bar No.92956 Collier County Attorney's Office 3299 East Tamiami Trail,Suite 800 Naples,FL 34112 Telephone:(239)252-8400 COUNSEL FOR PETITIONER Emilv.Pepin@colliercountyfl.gov Jennifer.Belpedio@coll iercountyfl.gov Nancy.Bradlcy@collicrcountvfl.gov JAMES I^gOETZsESQ. Floric£rBar No.1&865 33 Barkley Circle Fort Myers,FL 33907 Telephone:(239)936-2841 GUARDIAN AD LITEM for Respondent DAHLIA GUSTARD info@goetzlegal.com goetzg(a),goetzlegal.com [16-CA-1317/1413557/1] CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated Order on Attorney Fees and Costs was electronically filed with the Florida Courts E-Filing Portal which will send a notice of electronic filing to parties appearing via electronically, or by U.S. Mail, postage prepaid, to parties as indicated on the Service List below on this _____ day of June, 2018. BY: _______________________________ EMILY R. PEPIN, ESQ. SERVICE LIST COLLIER COUNTY v. BONNIE L. FALCON, ET AL. Case No. 16-CA-1317 Parcel 351RDUE [Stipulated Final Judgment, Docket #170] Dahlia Gustard [Stipulated Final Judgment, Docket #170] c/o James L. Goetz, Esq. Guardian Ad Litem on behalf of Respondent DAHLIA GUSTARD info@goetzlegal.com UNKNOWN TENANTS, n/k/a Tracey Bukowczyk 2861 Golden Gate Blvd. E. Naples, FL 34120 BANK OF AMERICA, N.A. c/o Walter Grace, Jr., Esq., and Joshua Knight, Esq. gracew@goetzlegal.com jknight@alaw.net MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for Bank of America, N.A. c/o Walter Grace, Jr., Esq., and Joshua Knight, Esq. gracew@goetzlegal.com jknight@alaw.net 16-CA-1317/#662 [16-CA-1317/1413557/1] IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, Petitioner, Case No.: 16-CA-1317 v. PARCEL: 351RDUE Bonnie L. Falcon; Dahlia Gustard; UNKNOWN TENANTS, n/k/a Tracey Bukowczyk; BANK OF AMERICA, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for Bank of America, N.A.; Xavier Enrique Rodriguez; All Surface Cleaning; The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificate Holders CWALT, Inc., Alternative Loan Trustee 2005-75CB Mortgage Passthrough Certificates, Series 2005-75CB; PNC Bank, N.A., as successor by merger to National City Bank; Asset Acceptance, LLC; Seretta Leigh Cottage; Robert Cottage; Caliber Home Loans, Inc; and Julian Castro, Secretary, U.S. Department of Housing and Urban Development; Respondents. _________________________________________________/ STIPULATED ORDER ON ATTORNEY FEES AND COSTS AS TO PARCEL 351RDUE THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner, COLLIER COUNTY, and Respondent DAHLIA GUSTARD, by and through counsel, for entry of a Stipulated Order on Attorney Fees and Costs as to Parcel 351RDUE for Project No. 60145, and it appearing to the Court that the parties are authorized to make such Motion, and the Court being otherwise fully advised in the premises thereof, it is thereupon Exhibit “1” to Joint Motion for Stipulated Order on Attorney Fees and Costs [16-CA-1317/1413557/1] ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall pay the amount of Seven Hundred Fifty Dollars and No/100 Dollars ($750.00), to Goetz and Goetz, c/o James L. Goetz, Esq., 33 Barkley Circle, Fort Myers, FL 33907, for all attorney fees and costs incurred for serving as Guardian Ad Litem, and no other attorney fees or costs shall be awarded in this case; it is further ORDERED that this Stipulated Order disposes of all claims for attorney fees and costs as to Parcel 351RDUE that have or could have been asserted in this cause; it is further ORDERED that this Court reserves jurisdiction to enforce the terms of this Stipulated Order; it is further ORDERED that this Stipulated Order is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of _________, 2018. ___________________________________________ THE HONORABLE LAUREN L. BRODIE Circuit Court Judge Conformed Copies to: Emily R. Pepin, Esq., Counsel for PETITIONER, Emily.Pepin@colliercountyfl.gov James L. Goetz, Esq., Guardian Ad Litem on behalf of RESPONDENT DAHLIA GUSTARD, info@goetzlegal.com Interested Party RESPONDENT UNKNOWN TENANTS, n/k/a Tracey Bukowczyk, 2861 Golden Gate Blvd. E., Naples, FL 34120 Walter Grace, Jr., Esq., Joshua Knight, Esq., Co-Counsel for Interested Party RESPONDENTS BANK OF AMERICA, N.A., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for Bank of America, N.A., gracew@goetzlegal.com; jknight@alaw.net Clerk’s Office, Accounting Exhibit “1” to Joint Motion for Stipulated Order on Attorney Fees and Costs