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Agenda 02/08/2011 Item #16K1 EXECUTIVE SUMMARY 2/8/2011 Item 16.K.1. Recommendation to approve a Stipulated Order Taxing Fees and Costs in the amount of $16,400 for Parcel No. 179RDUE in the lawsuit styled Collier County v. Armando B. Yzaguirre, et aL, Case No. 07-2746-CA (Oil Well Road Project No. 60044) (Fiscal Impact $16,400). OBJECTIVE: That the Board of County Commissioners approve a Stipulated Order Taxing Fees and Costs for Parcel 179RDUE in the lawsuit styled Collier County v. Armando B, Yzaguirre, et aI., Case No. 07-2746-CA, Oil Well Road Project 60044. CONSIDERATIONS: Collier County condemned a ,121 acre parcel for perpetual, non- exclusive road right-of-way, drainage and utility easement (Parcel 179) from the property owners, Armando B. Yzaguirre and Sylvia B. Yzaguirre. The issues of compensation and statutory attorney's fees were settled at mediation and the Board approved the Stipulated Final Judgment which was entered by the Court on September 17, 2009. The issues of expert fees and costs and supplemental attorney's fees were left for settlement at a later date, A request for hearing on these issues resulted in the Court ordering furtlher mediation. Mediation was held on January 7, 2011 which resulted in a scttlernent. The expert fees and costs were as follows prior to settlement: - Haynes Appraisal Group, Inc.: Armstrong Forensic Engineers, lnc: · Attorneys fees: TOTAL $11,886.25 $6,576.25 $1.212.75 $19,675.25 After settlement at court ordered mediation, the County will be responsible for the following costs: Haynes Appraisal Group, lnc,: Annstrong Forensic Engineers, Inc: · Attorneys fees: TOTAL $8,000 $6,000 $2.400 $16,400 FISCAL IMPACT: Funds in the amount of $16,400 will come from Gas Taxes and Impact Fees, Source of funds are Gas Taxes and Impact Fees. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, is not quasi- judicial and as such, ex-parte disclosure is not required, This item requires only a majority vote. RNZ GROWTH MANAGEMENT IMPACT: None, -- RECOMMENDATION: That the Board of County Commissioners approve the Stipulated Order Taxing Fees and Costs as to Parcel 179RDUE and authorize payment of the funds as stated. PREPARED BY: Robert N, Zachary, Assistant County Attorney 07-2746-CA;2033 Packet Page -671- 2/8/2011 Item 16.K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1. Item Summary: Recommendation to approve a Stipulated Order Taxing Fees and Costs in the amount of $16,400 for Parcel No. 179RDUE in the lawsuit styled Collier County v. Armando B. Yzaguirre, et aI., Case No, 07-2746-CA (Oil Well Road Project No, 60044) (Fiscal Impact $16,400). Meeting Date: 2/8/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary, County Attorney 1/19/20] I 11:55:24 AM Approved By Name: HendricksKevin Title: Manager - Right of Way, Transportation Engineering Date: 1/19/2011 12:52:48 PM Name: TaylorLisa Title: ManagementlBudget Analyst,Transportation Administr Date: 1/20/2011 11:16:27 AM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 1/25/2011 2:25:36 PM Name: FederNorm Title: Administrator - Growth Management Div,Transportati Date: 1/25/2011 2:29:59 PM Name: ZacharyRobert Title: Assistant County Attorney,County Attorney Date: 1/25/2011 3:25:33 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -672- 2/8/2011 Item 16.K.1. Date: 1/27/20114:13:51 PM Name: U sherSusan Title: Management/Budget Analyst, Senior, Office of Manage Date: 1/28/2011 3 :26: 12 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 1/30/2011 11 :33:43 AM Packet Page -673- 2/8/2011 Item 16.K.1. IN 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, v. Case No, 07-2746-CA ARMANDO B. YZAGUIRRE, et aI., Parcel No, 179RDUE Respondents. / MEDIA TED SETTLEMENT AGREEMENT The issue of attorney's fees and expert fees was mediated on January 7, 2011, by court order. As a result of mediation, the undersigned parties agree to final resolution as follows: 1. The County will pay Haynes Appraisal Group, Jne, the amount of $8,000,00 in full settlement of its claim for fees. 2, The County will pay $6,000.00 to Armstrong Forensic Engineers, Jne, III full settlement of its claim for fees, 3. The County will pay $2,400,00 to the Blucher Law Group, LLC. in full settlement of its claim for fees. 4. This Mediated Settlernent Agreement is subject to approval by the collier County Commission, 5. Upon approval by the Commission, the parties will agree to a Stipulated Order of Taxing Fees and Costs as setforth above, Packet Page -674- 2/8/2011 Item 16.K.1. This Agreement, dated January 7, 2011, contains all of the agreements of the parties. Blucher Law Group, LLC Attorneys for themselves And Haynes Appraisal and Annstrong Forensic Engineers Tracy Starrett, Esquire Jeff Annstrong, for Annstrong Forensic Engineers, Inc. Charles W. Haynes, Jr, for Haynes Appraisal Group, Inc, 07-2746-CN2032 2 Packet Page -675- Office of the County Attorney Robert N, Zachary Assistant County Attorney Kevin Hendricks, Collier County Right-of- Way Acquisition Manager 2/8/2011 Item 16.K.1. ~' 3. b7 ft-. C.2Jl..,~;~ "''{ h.. 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YZAGUIRRE, et aI., Parcel(s): 179RDUE Respondents. / STIPULATED ORDER TAXING FEES AND COSTS THIS CAUSE, having come bcfore the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, ARMANDO B. YZAGUIRRE, by and through their undersigned counsel, for entry of a Stipulated Order Taxing Fees and Costs, and thc Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, ARMANDO B, YZAGUIRRE, receive from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Sixteen Thousand Four Hundred No/100 Dollars ($16,40(1.00) which includes Eight Thousand No/lOO Dollars ($8,000) for appraisal services and Six Thousand No/100 Dollars ($6,000) for engineering fees and Two Thousand Four Hundred No/100 Dollars ($2,400) in supplemental attorneys fees, which total sum includcs all expeli fees and defense costs rccoverable by Respondents in this cause; and it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty (30) days from the date of this Order, pay the sum of 16,400.00 to BLUCHER LAW GROUP, LLC, 7300 Delainey Court, Sarasota, FL 34240, for proper disbursement of fees and costs, Packet Page -678- 2/8/2011 Item 16.K.1. DONE AND ORDERED in Naples, Collier County, Florida, this day of ,2011. HUGH D, HA YES Circuit Court Judge Conformed copies to: Robert N. Zachary, Esquire Mr, Paul A. Blucher, Esquire Kevin Hendricks, Manager ROW Bookkeeping JOINT MOTION Thc Partics, by and through thcir undcrsigned attorneys, hereby move for entry of the forcgoing Stipulatcd Ordcr Taxing Fees and Costs, Dated: Dated: ~Robert N, Zachary Assistant County Attorney Florida Bar No,: 816604 3299 East Tamiarni Trail, STE, 800 Naples, Florida 34112 (239) 252-8400 - Phone (239) 252-6300 ~ Facsirnile A HORNEY FOR PETITIONER Paul A. Blucher, Esquire Florida Bar No.: 860409 Tracey Starrett, Esquire Florida Bar No,: 7171 Blucher Law Group, LLC 7300 Delainey Court Sarasota, FL 34240 (941) 361-1145- Phone (941) 361-1146- Facsimile ATTORNEY FOR RESPONDENT: ARMANDO B, YZAGUIRRE 07-2746-CAI20JH Packet Page -679-