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Agenda 10/11/2011 Item #16K110/11/2011 Item 16.K.1.. EXECUTIVE SUMMARY Approve an Agreed Order Awarding Expert Fees and Costs in connection with the acquisition of Parcels 838A and 838E in the lawsuit styled Collier County, Florida a Nancy L. Johnson Perry, Individually and as Successor Trustee, et al, Case No. 03- 2373 -CA, Golden Gate Parkway Project #60027 (Fiscal Impact $27,167.60) OBJECTIVE: That the Board approve the expert fees and costs associated with the acquisition of Parcels 838A and 838B in the lawsuit styled Collier County, Florida v. Nancy L. Johnson Perry, Individually and as Successor Trustee, et al, Case No. 03- 2373 -CA. CONSIDERATIONS: The County acquired two 10 -foot drainage easements from Respondent, Nancy, L. Johnson Perry, Individually and as Successor Trustee, by entry of an Order of Taking on September 12, 2003 and subsequently depositing the amount of $64,000 into the Court Registry. On June 28, 2011, the Board of County Commissioners approved a 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: Negotiated Invoiced Percentage Amount Amount of Invoice Appraisal fees - Hayes Appraisal Group $ 6,500.00 $ 7,200.00 90.2% Planning fees Morris Depew Associates 5,000.00 8,329.83 60 % Engineering fees D.M.A. Engineering, Inc. 9,500.00 11,494..00 82% Landscape expert — Samnik Associates, LLC 6,000.00 6,825.00 87 % Miscellaneous costs incurred 167.60 167.60 100% TOTAL $27,167.60 $34,016.43 the terms of which are set out in the Agreed Order Awarding Expert Fees attached as Exhibit "A ". This case involved two parent tracts and an inverse counter - claim. The following reports were prepared by owner's experts: one appraisal report, one planning report, two engineering reports and one landscape report. The total negotiated amount is approximately 20% o of the total invoiced amount. Staff has reviewed the expert fees as set forth in the Agreed Order and considers them to be reasonable mi Tight 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 experts that are retained by owner to testify as to the reasonableness of the fee. This means another engineer, another appraiser, another planner and another landscape expert. Plus the County will need to hire experts to counter owner's experts, and the County will have to pay owner's attorney hourly for supplemental proceedings. FISCAL IMPACT: Funds in the amount of $27,167.60 will come from Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. Packet Page -1134- 10/11/2011 Item 16.K.1. LEGAL CONSIDERATIONS: The proposed Agreed Order was prepared by the County Attorney's Office and is legally sufficient for Board action. This item requires a majority vote. (HFAC) RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order and the expenditure and disbursement of funds as stated. PREPARED BY: Heidi Ashton - Cicko, Assistant County Attorney Attachment: (1) Agreed Order CP103- 2373\2467 Packet Page -1135- COLLIER COUNTY Board of County Commissioners Item Number: 16.K.1. 10/11/2011 Item 16.K.1. Item Summary: Approve an Agreed Order Awarding Expert Fees and Costs in connection with the acquisition of Parcels 838A and 838B in the lawsuit styled Collier County, Florida v. Nancy L. Johnson Perry, Individually and as Successor Trustee, et al, Case No. 03- 2373 -CA, Golden Gate Parkway Project #60027 (Fiscal Impact $27,167.60). Meeting Date: 10/11/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 9/21/2011 9:23:25 AM Approved By Name: HendricksKevin Title: Manager - Right of Way,Transportation Engineering Date: 9/21/2011 10:09:00 AM Name: TaylorLisa Title: Management/Budget Analyst,Transportation Administr Date: 9/22/20119:03:51 AM Name: AhmadJay Title: Director - Transportation Engineering,Transportation Engineering & Construction Management Date: 9/27/2011 11:50:44 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 9/27/2011 1:29:38 PM Name: AshtonHeidi Title: Section Chief/Land Use- Transportation,County Attor Date: 9/27/2011 1:45:56 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -1136- Date: 10/3/2011 4:32:32 PM Name: UsherSusan 10/11/2011 Item 16.K.1. Title: Management/Budget Analyst, Senior,Office of Manage Date: 10/4/2011 8:42:10 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 10/4/2011 11:43:27 AM Packet Page -1137- 10/11/2011 Item 16.K.1. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, V. NANCY L. JOHNSON PERRY, Individually, and as Successor Trustee, et al., Respondents. Case No. 03- 2373 -CA Parcel Nos.: 838A, 838B AGREED ORDER AWARDING EXPERT FEES AND COSTS THIS CAUSE, having come before the Court upon joint motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, NANCY JOHNSON PERRY, by and through her 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 Respondent, NANCY JOHNSON PERRY, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Six Thousand Five Hundred Dollars and No /100 ($6,500.00) for appraisal fees incurred by Haynes Appraisal Group, Inc. in connection with Parcels 838A and 83813; it is further ORDERED AND ADJUDGED that Respondent, NANCY JOHNSON PERRY, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Five Thousand Dollars and No /100 ($5,000.00) for planning fees incurred by Morris Depew Associates, Inc. in connection with Parcels 838A and 83813; it is further ORDERED AND ADJUDGED that Respondent, NANCY JOHNSON PERRY, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Nine Thousand Five Hundred Packet Page -1138- 10/11/2011 Item 16.K.1. Dollars and No /100 ($9,500.00) for engineering fees incurred by D.M.A. Engineering, Inc. in connection with Parcels 838A and 838B; it is further ORDERED that Respondent, NANCY JOHNSON PERRY, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Six Thousand Dollars and No /100 ($6,000.00) for landscape expert, Samnik Associates, LLC, in connection with Parcels 838A and 838B; it is further ORDERED that Respondent, NANCY JOHNSON PERRY, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Hundred Sixty -Seven Dollars and 60/100 ($167.60) for costs incurred in connection with Parcels 838A and 838B; 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 Twenty -Seven Thousand One Hundred Sixty -Seven Dollars and 60/100 ($27,167.60) to the BLUCHER LAW GROUP, LLC F/K/A THE LAW OFFICES OF PAUL A. BLUCHER, P.A. TRUST ACCOUNT, c/o Tracey B. Starrett, Esquire, Blucher Law Group, LLC f/k/a The Law Offices of Paul A. Blucher, P.A., 7300 Delainey Court, Sarasota Florida 34240 for the benefit of Respondent, NANCY JOHNSON PERRY, for expert fees and costs in connection with Parcels 838A and 834B. DONE AND ORDERED this _ day of , 2011, in Naples, Collier County, Florida. HUGH D. HAYES CIRCUIT COURT JUDGE Conformed copies to: Heidi Ashton - Cicko, Esquire Tracy B. Starrett, Esquire Kevin Hendricks, ROW Manager, Transportation/ECM Bookkeeping 2 of 3 Packet Page -1139- 10/11/2011 Item 16. K.1. JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parcels 838A and 838B. Dated: 119 !// Dated: TRACEY . STARRETT, ESQUIRE Florida Bar No.: 0007171 BLUCHER LAW GROUP, LLC F/K/A THE LAW OFFICES OF PAUL A. BLUCHER, P.A. 7300 Delainey Court Sarasota, Florida 34240 (941) 955 -4019; Fax (941) 955 -4889 ATTORNEY FOR RESPONDENT, NANCYJOIINSONPERRY 03- 237312466 HEIDI ASHTON- CICKO, ESQUIRE Florida Bar No. 966770 OFFICE OF THE COUNTY ATTORNEY 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 (239) 252 -8400; Fax (239) 252 -6300 ATTORNEY FOR PETITIONER 3 of 3 Packet Page -1140- n