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Agenda 06/28/2011 Item #16K1 6/28/2011 Item 16.K.1. EXECUTIVE SUMMARY Recommendation to Approve Agreed Order Awarding Expert Fees and Costs in the Amonnt of $73,268.63 for the Acquisition of Parcel 111 in the Lawsuit Styled Collier COUllty v. NB Holdillgs Corporatioll, et al.. Case No. 06-0658-CA (Santa Barbara Boulevard Project No. 62081). Fiscal Impact: $73,268.63) OBJECTIVE: That the Board of County Commissioners approve the attached Agreed Order Awarding Expert Fees and Costs, for the taking of Parcel III in the lawsuit styled Collier County v.NB Holdings Corpora/ion, et al. Case No. 06-0658-CA (Santa Barbara Boulevard Project No. 62081). CONSIDERATIONS: The County acquired 0.037 acres from property owners KB Enterprises of Naples, LLC for the construction of roadway improvements to Santa Barbara Boulevard. As a result of the taking, the prior entrance to the commercial building directly onto Radio Road was closed and the owner's tenants and customers must now enter from the rear of the building. Mediation was held on May 3, 20 I 0 and continued to November I, 2010. The parties settled the compensation in this matter in the amount of $297,500 plus statutory Attorney's fees which were determined by statute to be $78,837. A Board approved Stipulated Final Judgment was entered on May 11,2011 for compensation and statutory attorney fees. The issues of expert fees and costs and supplemental attorney's fees were left for settlement at a ,_ later date. After a few conferences, a settlement was reached avoiding any fUliher costs. Coastal Engineering Consultants, Inc. reduced their original invoice of $31,555 by $4,135.50 which equals $27,419.50. The remaining expelis will receive 100% oftheir fees and costs. If the settlement is approved, the County is responsible for the following: Coastal Engineering Consultants, Inc.-Engineer Real Estate Appraisal & Litigation, LLC-Appraiser: Johnson Engineering-Engineers: Engelhardt, Hammer & Associates, Inc.-Planner: Wayne Hook & Associates-Landscape Architect: TOTAL $27,419.50 $9,800.00 $9,170.00 $26,504.13 $375.00 $73,268.63 FISCAL IMPACT: Funds in the amount of $73.268.63 are available in impact fees. Source of funds are impact fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires only a majority vote. STW ,-. RECOMMENDATION: That the Board of County Commissioners authorize the Agreed Order Awarding Expert Fees and Costs as to Parcel III and authorize payment of the funds as stated. PREPARED BY: Steven T, \\/illial11s. Assistant County .Attorney Packet Page -1722- 6/28/2011 Item 16.K.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1. Item Summary: Recommendation to Approve Agreed Order Awarding Expert Fees and Costs in the Amount of $73,268.63 for the Acquisition of Parcel 111 in the Lawsuit Styled Collier County v. NB Holdings Corporation, et aI., Case No. 06-0658-CA (Santa Barbara Boulevard Project No. 62081). Fiscal Impact: $73,268.63) Meeting Date: 6/28/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,Coumy Attorney 6/6/2011 2:09:09 PM Approved By Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering Date: 6/6/2011 2:20:43 PM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date:6171201111:18:36AM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 6/8/20 II ] 0:02:47 AM Name: WilliamsSteven Title: Assistant County Attorncy,County Attorney Date:6/8/201111:58:16AM Name: FederNonnan Title: Administrator - Growth Management Div.Transportati Date: 6/9/20 II I :52:28 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -1723- 6/28/2011 Item 16.K.1. Date: 6/]6/2011 10:05:15 AM Name: lsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/20/2011 10:16:20 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/20/2011 10:59:22 AM Packet Page -1724- 6/28/2011 Item 16.K.1. IN THE CIRCUIT COURT OF THE TWENTIETH .nJmCIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA" a political subdivision of the State of Florida, Petitioner, v. Case No. 06-0658-CA NB HOLDINGS CORPORATION, et aI., Parcel: 111 Respondents. / AGREED ORDER AWARDING EXPERT FEES 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, KB ENTERPRISES OF NAPLES, LLC, by and through their undersigned counsel, for entry of an Agreed Order A warding Expert Fees, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, KB ENTERPRISES OF NAPLES, LLC, receive from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of ($73,268.63) which includes ($27,419.50) to Coastal Engineering Consultants, Inc. for engineering services; and ($9,800) to Real Estate Appraisal & Litigation, LLC for appraisal fees; and ($26,504.13) to Engelhardt, Hammer & Associates, Inc. for planning services; and ($9,170) to Johnson Engineering, Inc. for engineering services and ($375) to Wayne Hook & Associates for landscape architecture with respect to Parcel 111, which total sum includes all expert fees and defense costs recoverable by Respondents in this cause; and it is further ORDERED AND ADJUDGED that without further order of the Court, that v.;thin thirty (30) days hereof, Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total sum of $73,268.63 to BECKER & POLlAKOFF. P.A., Trust Account, and send it c/o Michael R. Whitt, Packet Page -1725- 6/28/2011 Item 16. K.1. Esquire, BECKER & POLlAKOFF, P.A., 12140 Carissa Commerce Court-Suite 200, Fort Myers, FL 33966 for proper disbursement of expert fees and costs. DONE AND ORDERED in Naples, Collier County, Florida, this day of , 2011. Confonned copies to: Steven T William., Esquire Michael R. Whitt, Esquire Collier County Tax Collector Kevin Hendricks, Acquisition Managern'ransportation Bookkeeping Honorable Hugh D. Hayes Circuit Court Judge JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order Awarding Expert Fees. Date: MICH EL R. WHI'IT, ESQ Florid Bar No. 072502 BECK R & POLl FF, P.A. 12140 oromerce Court-Suite 200 Fort Myers, FL 33966 (239) 433-7707 - Telephone (239) 433.5933- Facsimile ATTORNEY FOR RESPONDENT, KB ENTERPRISES OF NAPLES, LLC 06-06S8-CN650 Date: (. k/II ~<will STEVEN T. WILLIAMS, ESQUIRE Florida Bar No. 0740101 OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building 3299 East Tamiami Trail-Ste. 800 Naples, Florida 34112 (239) 252-8400 . Telephone (239) 252-6300 - Facsimile A TIORNEY FOR PETITIONER COLLIER COUNTY Packet Page -1726-