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Agenda 03/08/2011 Item #16K2 ",<"~<.-.... ,-.^ -'<",-'hF";,' '--:"<>'..-' "~,"':,>'-~ ";.".::..~.:" ........,-i.-: .'- - -" .. ................"'.:... '::' 3/8/2011 Item 16.K.2. ExECyTIVE SUMMARY r\ ReconlJnendationto aJlProve an Agreed, Order Taxing E:Jpert F....dCosts in the amouDtofSS,580 forPareels,l68FEEand 168TC:E in the lawsuit styleclCol1ier CollllJy v. Scott Faunce., et oJ.,CaseNo. 10-2684-CA (Colller Blvd"Projeet No.'680S6) (FiseallmpaetSS,S80) OBJEC~: That the Board of County Commissioners approvetheatQlchedAgreed Order Taxing Expert Fees and Costs for Parcels 16,8FEE .and 168TCE in the lawsuit styled CoUler CQunty v; Scott Faunce, et. ai., Case No. 10-2684-CA (Collier Blvd. Project No. 68056) CONSIDERATIONS: Collier County condemned a .133 acre parcel (168FEE) and a .019 acre parcel ~ (168TCE) from property owners, Scott Faunce, Sr. and Debbe E. Faunce, for the expansion of Collier Boulevard from Green Bou1evard to Golden Gate 13oulevard. On Oc~ber,13, 2010, mediation was held prior to. the Order of Taking hearing and a settlement was reached in the amount of $27,000 for compensation and $3,135instatutory attorney's fees, as well asa stipulation to the Order of Taking. A Board approved,. Stipulated Final Judgment has previously been en~red. for compeq.tion and statutory attorney fees. Expert's fees and costs have been sett1eddownfrom $7,035 to $5,980 for the appraiser and from $3,043.75 to $2,600 for the engineer. If the attached Agreed Order Taxing Expert FeesandCQsts is appr()ved,th~ County win be responsible for the following costs: r"\ Appraiser: Engineer: TOTAL $5,980 $2.600 $8,580 FISCAL IMPACT: Fun$ in the amount of $8,580 are available in i111~ fees. Source oft\Jnds is impact fees. GROWTIJ~AGEMENTIMPACT: None. LEGALCONSm~UTlONS: This item is legally sufficient for Board action andr:equires a majority vote for approval. RNZ RECOMMENDATION: That the Board of County Commissionersautho~th~AgreedOrcJerTaxing Expert Fe~sand Costs as to Parcels 168FEE and I 68TCE anq authorize paymept.oftile funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney lO-2684CA/310 /"'""'..' PCicket Page -1267- 3lS12011 Item 16.K.2. f\ COLLIER 'COUNTY Boarc.of County Commissioners Item Number: 16.K.2. Item Summary: Recommendation to approve an Agreed QrderTaxing Expert Fees and Costs in the amountof$8,,580 for Parcels 168FEE and 168TCE mthe lawsuit styled Collier County v. Scott Faunce., et aI., Case No. 1Q-2684-CA (Collier Blvd. Project No. 68056) (Fiscal Impact $8,580) Meeting Date: 3/8/2011 PrepanMlBy Name: CrotteauKathynell Title: Legal Secretary,County Attorney 2/15/20114:25:17 PM Approved By r'\ Name: TaylorLisa Title: ManagementlBudget Analyst, Transportation Administr Date: 2/17/2011 10:48:46 AM Name: HendricksKevin Title: Manager ~". Right of Way, Transportation Engineering Date: 2/23/20111:16:55 PM Name: AhmadJay Title: Director - Transportll.tion Engineering,Transportation Engineering &ConstnIction Management Date: 2/23/2011 5:53:47 PM Name: FederNorm Title: Administrator ~ Growth Management Div,Transportati Date: 2/24/20113:10:55 pM Name: ZacharyRobert Title: Assistant County Attorney,County Attorney Date: 2/24/20113:52:49 PM r-'\ Name: KlatzkowJeff Title: County Attorney, Packet Page -1268- ~;-Y$>\>~~~:W:~,~iit"tf",~,-;,:',;.;,~":~",:,'-B' >, :.'-:-:_,,';:":<,-~'-:-"---< 3/812011 Item 16.K.2. r'\ Date: 2/25/20118:17:49 AM Name: UsherSusan , Title: ManagementlBu4get Analyst, Senior,Office of Manage Date: 2/261201110:43:14 PM Name: OchsLeo Title: County Manager Date: 2/27/2011 1:20:48 PM f\ r--., Packet Page -1269- 3/8/2011 Item 16.K.2. ~ 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, CASE NO. 10-2684-CA v. SCOTT FAUNCE, SR., ET AL. Respondents. Parcels: 168FEE, 168TCE I AGREED ORDER AWARDING EXPERT FEES AND COSTS THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, SCOTT FAUNCE, SR. and DEBBE E. FAUNCE, by and through their undersigned counsel, for ~ entry of an Agreed Order Awarding Expert Fees and Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, SCOTT FAUNCE, SR. and DEBBE E. FAUNCE, receive from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Eight Thousand Five Hundred Eighty and NollOO Dollars ($8,580) which includes ($5,980) for appraisal services and ($2,600) for engineering fees with respect to Parcels 168FEE and 168TCE, which total sum includes all expert fees and defense costs recoverable 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 Eight Thousand Five Hundred Eighty No/lOa Dollars ($8,580) to Trust Account of Dorman & Gutman, P.L., c/o Jack N. Gutman, ...-... Packet Page -1270- 3/8/2011 Item 16.K.2. Esquire, 305 South Brevard Avenue, Suite 100, Tampa, Florida 33606-2360, for proper ~ disbursement of expert fees. DONE AND ORDERED in Naples, Collier County, Florida, this , 2011. Conformed copies to: Robert N. Zachary, Esquire Jack Gutman, Esquire Kristina L. Arnsdort'f, Esquire A.U.S.A. Internal Revenue Service (Courtesy copy) U.S. Department of the Treasury(Courtesy Copy) Jennifer Dixon-Abbott. Esquire Kevin Hendricks, Acquisition Mgr.lTransp. Bookkeeping day of Hugh D. Hayes Circuit Court Judge JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the r"'\ foregoing Agreed Order Awarding Expert Fees as to Parcels 168FEE and 168TCE. Dated: JACK N. GUTMAN, Esquire Florida Bar No.602434 DORMAN & GUTMAN, P.L. 305 South Brevard Avenue, Suite 100 Tampa, Florida 33606-2360 Telephone: (813) 254-8980 Facsimile: (813) 254-8983 ATTORNEY FOR RESPONDENTS I 0-2684-CAI3 II Dated: ~ ROBERTN. ZACHARY Florida Bar No. 816604 ASSISTANT COUNTY ATTORNEY Harmon Turner Building 3299 East Tamiami Trail, Ste. 800 Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER COLLIER COUNTY Packet Page -1271- r"..