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Agenda 03/23/2010 Item #16B 4 Agenda Item No, 16B4 March 23, 2010 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to pay attorney fees and real estate appraisal fees in the amount of $5,000 to the firm of Roetzel and Andress for their assistance in counseling property owners Larry F. Greenberg and Ellen F. Greenberg, for helping the parties reach agreement on the sale of a portion of the owners' land to Collier County for the Vanderbilt Beach Road Extension project, and for clearing title by obtaining a Partial Release of Mortgage from the mortgage holder. Project No. 60168. (Fiscal Impact: $5,000) OBJECTIVE: To obtain the approval of the Board of County Commissioners to pay attorney fees and real estate appraisal fees to the finn of Roetzel and Andress for assistance in acquiring Vanderbilt Beach Road Extension project Parcel No, 120, and for securing the necessary partial release of mortgage. CONSIDERATIONS: In May 2009, after 60% plans for the project and right-of-way parcel legal descriptions were received, property owners were invited to contact the Transportation Division if they were ready to negotiate with staff for the sale of the proposed right-of-way for the Vanderbilt Beach Road Extension project. Ken Jones, attorney for Larry and Ellen Greenberg, contacted the Transportation Right- of-Way Acquisition office and inquired as to the manner in which attorney fees would be paid by Collier County, Mr. Jones was advised that no written purchase offers were being made at the present time because it would not be in the best interests of the County to set the baseline for the future calculation of attorney fees by making Section 73.015 (F.S,) statutory offers at this time. However, we would pay reasonable customary hourly rates for the legal representation for property owners, A real estate appraisal was obtained by the Greenberg's attorney in order to get an idea ofthe market value of the Greenberg property, After lengthy negotiations, an Easement Agreement was finally executed by the owners and approved by the Board in September 2009, The purchase price for the easement was established at $65,460. After five more months the Partial Release of Mortgage has finally been secured from the mortgage holder. Invoices accounting for the attorney and paralegal time spent on this matter are attached in the amount of $7,323. The bill has since been negotiated to the lump sum of $4,500 for legal fees and $500 for real estate appraisal fees, and staff is ready to close the transaction, It must be noted that the fonn of the agreement that was executed by the parties states that, ". . , the payment to the owner. , , shall be full compensation. ' , including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes." However, under the eminent domain statute (Chapter 73) attorneys' fees are calculated in accordance with the "benefit fonnula" under Section 73.092. Since no written purchase offer was ever made, it is not possible to calculate attorney fees in accordance with the provisions of Chapter 73, Florida Statutes. Since no work could commence on securing a Partial Release of Mortgage until the agreement was in place, the agreement should not have contained the boilerplate language regarding attorney fees when it was contemplated from the initiation of negotiations that attorney fees would be paid on an hourly rate, FISCAL IMPACT: Payment of attorney fees and appraisal fees to the finn of Roetzel and Andress in the amount of$5,000, Source of funds are road impact fees and gas taxes, GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERA nONS: This item is sufficient for Board action. RNZ Agenda Item No. 16B4 March 23,2010 Page 2 of 17 RECOMMENDA nON: That the Board of County Commissioners of Collier County, Florida, approve the payment of attorney fees and real estate appraisal fees in the amount of $5,000 to the firm of Roetzel and Andress for services rendered in connection with the County's acquisition of right-of-way for the Vanderbilt Beach Road Extension project from property owners, John Kappeyne and Maria Bettencourt. Prepared by: Kevin Hendricks, TECM Right-of-Way Acquisition Manager Attachments: (1) Invoices from the firm of Roetzel and Andress dated October 30, 2009 and February 12, 2010. Item Number: Item Summary: Meeting Date: Agenda Item No, 16B4 March 23, 2010 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1684 Recommendation to pay attorney fees and real estate appraisal fees in the amount of $5,000 to the firm of Roetzel and Andress for their assistance in counseling property owners Larry F. Greenberg and Ellen F, Greenberg, for helping the parties reach agreement on the sale of a portion of the owners land to Collier County for the Vanderbilt Beach Road Extension project, and for clearing title by obtaining a Partial Release of Mortgage from the mortgage holder. Project No, 60168, (Fiscal Impact: $5,000) 3/23/20109:00:00 AM Date Prepared By Kevin Hendricks Transportation Division Manager - Right of Way Transportation Engineering & Construction Management 3/9/20103:30:15 PM Approved By Date Kevin Hendricks Transportation Division Manager - Right of Way Transportation Engineering & Construction -Management 3/9/2010 3:40 PM Approved By Date Robert N, Zachary County Attorney Assistant County Attorney County Attorney 3/9/20104:12 PM Date Approved By Lisa Taylor Transportation Division Management/Budget Analyst Transportation Administration 3/10/20104:27 PM Najeh Ahmad Date Approved By Transportation Division Director - Transportation Engineering Transportation Engineering & Construction Management 3/11/20102:33 PM Norm E. Feder, AICP Date Approved By Transportation Division Administrator - Transportation Transportation Administration 3/11/20104:23 PM Approved By Pat Lehnhard Transportation Division Executive Secretary Date Transportation Administration 3/11/20104:26 PM Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 3/11/20104:28 PM Approved By Jeff Klatzkow Agenda Item No. 16B4 March 23, 2010 Page 4 of 17 County Attorney Date 3/12/20101:56 PM Approved By Date Susan Usher Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 3/15/2010 8:48 PM Approved By Date Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 3/16/20109:37 AM Agenda Item No, 16B4 March 23, 2010 Page 5 of 17 A lEGAL PROFESSIONAL ASSOCIATION REMIT To ADDRESS' 222 S, MAm STREET AKRON, OHIO 44308-2098 (330) 376-2700 FAX (330) 376-4577 ramail@ralaw.com I~ANDRESS II FEDERAL TAX ID #34-1245415 MR. KEN JONES 2320 FIRST STREET. SUITE 1000 FORT MYES. FLL 33901-3419 Invoice: 853233 ClientlMatter: 117709,0001 October 30, 2009 For Professional Services Rendered For The Period Through October 28, 2009 JTotal Due This Invoice ~t Re: VANDERBILT BEACH ROAD: CCDOT Date Initials Hours Description 02/05/07 KAJ 0.50 Telephone conference with Mr. Greenberg: conference with Kara Mazzella; execute engagement letter to Mr. Greenberg. 02/09/07 KAJ 0.10 Receipt of executed engagement letter. 02/14/07 KAJ 0,10 Execute Anomey Authorization. 02123/07 KAJ 0.10 Review Questionnaire. 03/28/07 KAJ 0.10 Correspondence to client. 06/26/07 KAJ 1.00 Correspondence to client. 10/03/07 KAJ 0,10 Correspondence to cl ient. 11/21/07 KMM 0,10 Status update lener to client. 12/05107 KMM 0.10 Identify property on conceptual map for Vanderbilt 30% plans meeting. 01/04/08 KMM 0.10 Status letter to client. 01108/08 KMM 0.20 Review voice mail message from Larry Greenberg; review plans; telephone conference with Larry Greenberg. 02/07/08 KMM 0,10 Prepare Project Board copy for client. 04/11/08 KAJ 0,20 Telephone conference with client. 04/22/08 KMM 0,10 Review e-mail from Joe Delate re: project status; letter to client re: same, OS/23/08 KMM 0.10 E-mail to Joe Delate re: status; review response; calendar for follow up; status update letter to client. 07/29/08 KMM 0,10 Review 60% plans for status update, "THIS IS A CONFIDENTIAL ATTORNEY/CLIENT COMMUNICATION" Akron Cincinnati Clevellind Columbus Toledo Fort l\1ycrs Naples Fort Lauderdale Orhmdo Tallahassee \\lpshingtnn D.C. www.raJaw.com Agenda Item No, 16B4 March 23, 2010 Page 6 of 17 I~ANDRESS II A LEGAL PROfESSIONAL ASSOCIATION 117709.0001 V ANDERBIL T BEACH ROAD; CCDOT Invoice; 853233 October 30, 2009 Pa~e 2 Date Initials Hours Description 08/01/08 KMM 0.40 Prepare plan sheets for clients property; status update letter to client. 08/29/08 KMM 0.10 Lener to client re: delay in legal descriptions and sketches. 10115/08 KAJ 0,20 Telephone conference with client. 10/24/08 KMM 0,10 Status update lener to client; calendar for follow up after first of the year. 01113/09 KMM 0,10 Review e-mail from Mike Maxwell re; appraiser for project; review file for receipt and forwarding of questionnaire. 01/14/09 KMM 0,10 Conference with Ken re: status update lener; revise and finalize letter to client with status. 01/26/09 KMM 0,10 Prepare for meeting with Mike Ma.xwell. 02/04/09 KMM 0,10 E-mail to Eileen O'Grady re: 60% plans and right of way maps. 02/1 0/09 KMM 0,10 Review 60% right of way maps for taking, 02/11109 KMM 0.20 Draft status update letter enclosing 60% right of way map; identify right of way being taken on map, 02/24/09 KMM 0,20 Review e-mail from Matthew Simmons at Maxwell & Hendry; review file; response to same; draft letter to Mike Maxwell enclosing questionnaire, 05/08/09 KAJ 0,50 Receipt and review of correspondence from Rebecca Harding. 05/11/09 KMM 0.20 Review marketing file for status; e-mail to Debbie Annstrong re: same; review letter re: negotiating purchase of property from Rebecca Harding at Collier County, 05/12/09 KMM 0,20 Conference with Ken; e-mail to Paul Young, Property Acquisition Agent with Collier County; review response from Paul and forward to Ken. 05/18109 KAJ 0.20 Correspondence to client. OS/22/09 KAJ 0,30 Email from client; review Right of Way Maps. OS/26/09 KAJ 0.20 Emails back and forth with client. OS/26/09 KMM 0,20 Review e-mail from Larry Greenberg; review e-mail iTom and to Ken and Larry, 06/15/09 KAJ 0,10 Correspondence to Rebecca Harding. 06/22/09 KAJ 0.10 Email from Rebecca Harding, 06/25/09 KAJ 0,20 Email to and from Rebecca Harding, 06/26/09 KAJ 0,10 Correspondence to client. 06/26/09 KMM 0,20 Review letter to clients; calendar for follow up, 07/08/09 KAJ 0,80 Email from Rebecca Harding. PLEASE INCLUDE INVOICE NUMBER WITH REMITTANCE PLEASE REMIT PAYMENT UPON RECEIPT Agenda Item No, 16B4 March 23, 2010 Page 7 of 17 I~ANDRESS II A LEGAL PROFESSIONAL ASSOCIATION 117709,0001 V ANDERBIL T BEACH ROAD; CCDOT Invoice: 853233 October 30, 2009 Page 3 Date Initials Hours Description 07/09/09 KAJ 0,10 Email to Rebecca Harding, 07113/09 KAJ 0,10 Emails back and forth with Rebecca Harding. 07/13/09 KAJ 0,20 Email to Mike Maxwell 07/27/09 KAJ 0,80 Emails back and forth with Mike Maxwell; telephone conference with Mike Maxwell. 07/27/09 KMM 0.40 Conference with Ken reo status of voluntary acquisition; conference with Ken; review file; e-mail to Kcn; calendar for follow up; review e-mail from Ken and e- mail to Mike Maxwell; review response, 07/28/09 KAJ 0,10 Emall from Mike Maxwell. 07/29/09 KMM 0.10 Conference with Ken reo response from Mike Maxwell reo severance damages, 07/30/09 KMM 0.10 Conference with Ken reo response from Mike. 07/31/09 KMM 0.10 Conference with Ken reo severance damages. 08/03/09 KMM 0.20 Conference with Ken; calendar for follow up; review e-mails and e-mail to Mike Maxwell re: severance damages; review response. 08/06/09 KAJ 0,80 Correspondence to client. 08/06/09 KMM 0,20 Conference with Ken reo proposed settlement; review letter from Ken to clients, 08/12/09 KAJ 0.10 Email to Rebecca Harding. 08/12/09 KMM 0,10 E-mail to Debbie Armstrong reo 60% plans status; e-mail to Paul Young reo funding, 08/14/09 KMM 0,20 Conference with Ken; review file for status; conference with Ken; calendar for follow up. 08/1 8/09 KAJ 0.30 Email to and from Rebecca Harding, 08/1 9/09 KMM 0,10 Review file for correspondence to client reo counter offer. 08/2 1/09 KAJ 0,20 Correspondence to client. 08/21/09 KMM 0,10 Review file for counter proposal letter to client; conference with Ken. 08/24/09 KAJ 0,10 Email to Rebecca Harding. 08/24/09 KMM 0.10 Review file for initial offer letter and counter offer; conference with Ken and Jen. 08/25/09 KAJ 0,30 Email to and from Rebecca Harding; telephone conference with client. 08/25/09 KMM 0,10 Review e-mail from Rebecca Harding at Collier County reo acceptance of offer to settle. 09/02/09 KAJ 0.10 Email from Rebecca Harding. PLEASE INCLUDE INVOICE NUMBER WITH REMITTANCE PLEASE REMIT PAYMENT UPON RECEIPT Agenda Item No. 16B4 March 23,2010 Page 8 of 17 I~ANDRESS II A LEGAL PROFESSIONAL ASSOCIATION 117709.0001 V ANDERBIL T BEACH ROAD; CCDOT Invoice: 853233 October 30, 2009 Page 4 Date Initials 09102/09 KMM 09/03/09 KAJ 09/03/09 KMM 09/08/09 KAJ 09/J 0/09 KMM 09/11/09 KMM 09/15109 KAJ 09/16/09 KMM 09/17/09 KAJ 09/17/09 KMM 09/J 8109 KMM 09/21/09 09/21/09 KAJ KMM 10/05/09 KMM 10/06/09 KMM 10/07/09 KMM Hours Description 0,10 Review reminder; review file for contract 0,20 Emails back and forth with Rebecca Harding. 0,20 Conference with Ken; calendar for follow up with Ken on contract from Rebecca Harding. 0,80 Correspondence from Rebecca Harding with documents, 0,10 Conference with Ken re: status of Easement Agreement; calendar for follow up. 0,10 Review docs for letter to client forwarding contract; calendar for follow up, 0,20 Correspondence to client with documents from county. 0,10 Review e-mail from Rebecca Harding, 0.30 Letter to client. 1.00 Review voice mail message from client; telephone conference with client; review contract; review Section 201.01, Florida Statutes; e-mail to Rebecca Harding; review e-mails for revisions to contract; telephone conference with client; review paragraph 9 re: documentary stamps; e-mail to Rebecca; review response and response to same. 0,50 Review Easement Agreement; telephone conference with client; draft letter to client re: revised Easement Agreement. 2.00 Close file. 0.40 Review e-mail from Ken; review Easement Agreement and other documentation received from client; letter to Rebecca Harding at Collier County, 0.40 Review e-mail from client and response to same; review file; e-mail to Beeey Harding at Collier County; review e-mail from client; review e-mail from Beccy re: subordination; conference with Ken; e-mail to Beeey, 0,60 Review tile; e-mail to client re: Agreement and obtaining subordination from Bankunited; review e-mail from client and response to same; review voice mail from client; telephone conference with client; e-mail to Beccy Harding at the county; review response; downloading and printing attachments; e-mail to Beccy re: change to subordination agreement as bank sold loan, J .00 Review e-mail from Beccy Harding re: revisions to subordination agreement; downloading and saving same; review e-mails from Larry re: bank contact information; research public records; review e-mail from Larry to Beccy; review e-mail from Beccy to Larry; review e-mail from Ken; conference with Ken re: subordination and partial release and obtaining assignment information; e-mail to Larry and Beccy re: same; review e-mail from Beccy; review e-mail from Larry to Cenlar mortgage. PLEASE INCLUDE INVOICE NUMBER WITH REMITTANCE PLEASE REMIT PA YMENT UPON RECEIPT Agenda Item No, 16B4 March 23, 2010 Page 9 of 17 I~ANDRESS II A LEGAL PROFESSIONAL ASSOCIATION 117709.000 t V ANDERBIL T BEACH ROAD; CCDOT Invoice; 853233 October 30, 2009 Page 5 Date 10/08/09 10/09/09 10/12/09 10/13/09 10/15/09 10/19/09 10/22/09 10/23/09 10/26/09 10/28/09 Initials KMM KMM KMM KMM KMM KMM KMM KMM KMM KMM Professional Services Hours Description 0.40 Review fax from Larry with subordination/partial release requirements; e-mail to Larry; e-mail to Ken; review e-mail from Larry and response to same; downloading and printing requirements and release of information; e-mail to Larry re: completing release of information; review e-mail from Larry re: release information and response to same. 0,10 Review e-mails to and from Beccy Harding at Collier County and client 0.20 Conference with Ken re: attorney fee; e-mail to Jen re: same, 0,10 Prepare statutory invoice. 0,70 Review e-mail from client; response 10 same; e-mail to Beccy Harding at Collier County re: status of subordination; further file review for statutory fee information; conference with Ken re: same; revise invoice; e-mail to Becey; review e-mail from Becey and e-mail to client. 0.30 E-mail to Beccy Harding at Collier County re: status of subordination with Cenlar mortgage company; review e-mail from Beccy; response to same; downloading and printing attachments to e-mail from Beccy, 0,10 Review e-mail from Beccy Harding, 0,60 Review e-mail from Larry to Beccy Harding at Collier County; review response; review e-mail from Larry re: contacting Nancy Holleran at Cenlar; e-mail to Nancy; telephone call to Nancy; review loan information; telephone call to Nancy; review e-mail from Nancy; forward same to Berry and Larry, 0.10 Review e-mail from Ken re: working with Cenlar on release and response to same. 0,70 Review e-mail from Beccy Harding at Collier County re: e-mail from Nancy at Cenlar; response to Beccy; e-mails to and from client and Beccy; telephone call to Nancy; e-mail to Nancy; review response; research public records; e-mail Assignment to Nancy and Becey; review e-mail from Beccy; e-mail to client. 5.433.00 TIMEKEEPER SUMMARY Timekeeper Hours Rate Amount Kenneth A Jones 2,00 335,00 670,00 Kenneth A Jones 9.60 350,00 3,360,00 Kara M Mazzella 0,20 85,00 17,00 Kara M Mazzella 12,60 110,00 1,386.00 PLEASE INCLUDE INVOICE NUMBER WITH REMITTANCE PLEASE REMIT PAYMENT UPON RECEIPT IIltt1IBI[QANDRESS II A LEGAL PROFESSIONAL ASSOCIATION 117709,0001 V ANDERBIL T BEACH ROAD; CCDOT Invoice Total Timekeeper Hou rs Rate Totals 24.40 PLEASE INCLUDE INVOICE NUMBER WITH REMITTANCE PLEASE REMIT PA YMENT UPON RECEIPT Agenda Item No. 16B4 March 23, 2010 Page 10 of 17 Invoice: 853233 October 30. 2009 Page 6 Amount 5,433,00 $ '143300 I~ANDRESS II A LEGAL PROFESSIONAL ASSOCIATION Agenda Item No, 16B4 March 23, 2010 Page 11 of 17 REMIT To ADDRESS: 222 S, MAIN STREET AKRON, OHIO 44308.2098 (330) 376,2700 FAX (330) 376,4577 ramai1@ralaw.com FEDERAL TAX lD #34.1245415 MR. KEN JONES 2320 FIRST STREET, SUITE 1000 FORT MYES, FLL 33901-3419 Invoice Total REMITTANCE PAGE For Professional Services Rendered Remit To Address: 222 S, Main Street Akron, OH 44308-2098 Wire! ACH Instructions: Chase Bank 50 S, Main Street Akron, OH 44308 ACH Routing Number 044000037 Wire Routing Number 021 000021 Account Number 872 I 13898 Swift Code CHASUS33 PLEASE INDICATE INVOICE NUMBER ON REMTTT ANCE Invoice: 853233 Client/Matter: 117709.0001 Billing Ally: KAJ October 30, 2009 $ 5,433.00 Akron Cleveland Tall.llhaslIet' Cincinnati Columbus Toledo Fol1 MyE'r"S Naples www.ralaw.com Orlando Washington D.C. Agenda Item No, 16B4 March 23, 2010 Page 12 of 17 A LEGAL PROFESSIONAL ASSOCIATION RE.M:rr To AnDRESS" 222 S, MAn< STRImT AnoN. OHIO 44308-2098 (330) 376-2700 FAX (330) 376-4577 nunail@nlaw.com 1~6YANDRESS II FEDERAL TAX ill #34-1245415 MR. KEN JONES 2320 FIRST STREET, SUITE 1000 FORT MYES, FLL 33901-3419 Invoice: 867206 ClientlMattcr: 117709,0001 Febrnary 12,2010 For Professional SelVices Rendered For The Period Through February 10,2010 'Total Due This Invoice ~t Re: VANDERBILT BEACH ROAD: CCDOT Date Initials Bonn Description ] 0/19/09 KAJ 0.10 Receipt and review of email from Rebecca Harding. 1 0/29/09 KMM 0.30 Review e-mail from Beccy Harding at Collier County to Nancy Holleran at Cenlar re: subordination processing fee; review e-mails from Nancy and Beccy; e-mail to client; ...mail to Jen re: invoice, 10/30/09 KMM 0.30 Review invoice; ...mail to Jen re: changes; e-mail to Ken re: forwarding same to Beccy; review e-mail from !...any; e-mail to Nancy; forward invoice 10 Beccy, 11/04/09 KMM 0,20 Review e-mail from client; e-mail to Beccy Harding at Collier County, 11/05/09 KMM 0.10 Review e-mail from Nancy Holleran at Cenlar. 11/06/09 KMM 0.10 Review e-mail from Nancy; e-mail to Beccy reo attachment and what needs to be done. 1 ] /09/09 KMM 0.30 Review e-mail from Beccy and e-mail to Nancy Holleran at Cenlar re: investors guide attachment; review fax from Nancy; forward fax to Beccy. 11110/09 KMM 0.10 Review reminder re: subordination; e-mail to Beccy re: requests from Nancy at Cenlar, 11/11/09 KMM 11/12/09 KMM 11/13/09 KAJ 11/13/09 KMM 11/16/09 KMM 0.20 Review e-mail from client; response to same; e-mail to Beccy; e-mail to client 0,10 Review e-mail from Beccy and response to same. 0,10 Receipt and review ofcmail from Rebecca Harding. 0.10 Review e-mail from Bcccy Harding re: CcnIar subordination requirements and attorney fees and costs, 0,20 Review e-mail from !...any; conference with Ken; e-mail to Lany. "THIS IS A CONFIDENTIAL ATTORNEY/CLIENT COMMUNICATION- Akroa Ciaciaud Clevtlud ColDmbUI Tokdo Fort Mycn Naplea Fort ....udenlale Orlando TaUaha-.ee wuIaiagtH D.C www.raJaw.oom Agenda Item No, 16B4 March 23, 2010 Page 13 of 17 I~ANDRESS II A LEGAL PROFESSIONAL ASSOCIATION 117709.0001 VANDERBILT BEACH ROAD; CCDOT Invoice: 867206 FcbnIary 12,2010 Page 2 Date Initiab Boan Description 11117/09 KMM 0,10 Bomail to Becoy re: status of Cenlar request. 11119/09 KAJ 0.20 Receipt and review of email from Kara Mazzella. 11/19/09 KAJ 0,10 Receipt and review of email from Rebecca Harding. 11/19/09 KMM 0.80 Review ~mail from client and response to same; e-mail to Beccy Harding re: status of subordination; review response; e-mail to Ken; telephone call to Nancy at Cenlar; telephone conference with Nancy from Cenlar; review mortgage clause about proceeds; ~mail to Ken. 11/20/09 KAJ 0.10 Receipt and review of email from Kevin Hendricks. 11/20/09 KMM 0,70 Bomails to end from client; ~mail to Ken; review e-mail from Beccy re: appmisal check; e-mail to Ken: ~mail to Beccy: review e-mail from Beccy re: appraisal end attorney fees and costs: review fax from Nancy Holleran; review investors guidelines. 11/24/09 KAJ 0.20 Receipt end review of email from Kara Mazzella and Kevin Hendricks and responses thereto. 11/24/09 KMM 1.30 Conference with Ken; review e-mails from Beccy Harding; forward to Ken re: response on attorney fees issue; review ~mai1s from client; forward to Ken to respond to mortgage company proceeds issue: e-mail to client re: obtaining appraisal; review response; e-mail to client; ~mail to Beccy re: paying for appraisal; review e-mail from client; response to same; review ~mail from Beccy; telephone call to Marianna Wynn at LSI re: appraisal; ~mail to Beccy re: survey and amount of easement; review ~mail from Beccy; e-mail to Beccy; telephone conference with Marianna; ~mail to client with infonnation requested by Marianna; telephone conference with client. 11/25/09 KMM 0.40 Review e-mail from client re: faxed documents; review e-mail from Ken re: application of funds; forward ~mail to Ken; review e-mail from Ken to Kevin re: subordinations and releases; review e-mail from Beccy re: bank requirements; e- mail to Ken. 11/30/09 KMM 12/01/09 KMM 12/02109 KMM 0.30 Review e-mail from Beccy; e-mail to client re: appraisal fee for LSI; review e- mail from Ken to client re: application of proceeds; review e-mail from Beccy to Nency at Cenlar re: subordination. 0,60 Telephone conference with client; review file; conference with Ken; conference with client re: LSI appraisal cost; review e-mail from Nency Holleran at Cenlar; review file for property acreage; e-mail to Nancy. 1.90 Review ~mail from Nancy Holleran at Cenlar re: processing fee; review e-mail from Beccy to Nancy re: same: review e-mail from Beccy re: loan to value ratio and payment of additional principle by clients; conference with Ken; telephone conference with client; e-mail to Nancy and Marianna Wino at LSI re: survey; review e-mail from Nancy to Beccy and Kevin re: loan to value guidelines; PLEASE INCLUDE INVOICE NUMBER WITH REMTITANCE PLEASE REMIT PAYMENT UPON RECEIPT Agenda Item No. 16B4 March 23,2010 Page 14 of 17 I~ANDRESS II A LEGAL PROFESSIONAL ASSOCIATION 117709.0001 V ANDERBIL T BEACH ROAD; CCDOT Invoice: 867206 February 12, 2010 Page 3 Date Initia1s Hoon DescriptioD review voice mail message from client; telephone conference wilh client; review fax from client; review voice mail message; calculate acreage; forwan:l survey to Nancy and Marianna; e-mail to client; review voice mail message re: calculation of acreage; e-mail to client; review e-mail from Marianna and response to same; review e-mail from Nancy; research public records for recorded survey; convert tif file to pelf and forward to MarillllIlll Wino for appraisal. 12/03/09 KMM 0.20 Review e-mail from Ken and response to same; review e-mail from Marianna Wino at LSI re: acreage to use in appraisal and response to same. 12/07/09 KMM 0.10 Review voice mail message from client re: appraisal cost. 12/10/09 KMM 0.10 Review e-mail from client; review calendar; e-mail to client. 12/17/09 KMM 0.20 Review e-mail from client; e-mail to Beccy re: check fur LSI; review response; e- mail to client. 12/18/09 KMM 0.40 Review e-mail from Beccy and response to same; e-mail to client reo check to LSI; review e-mail from Beccy and response to same; review e-mail from Beccy; review e-mail from client; e-mail to Marianna Wynn at LS1; review response and calendar for follow up, 12/29/09 KMM 0,10 Conference wilh Ken reo status of subordination. 01/04/10 KMM 0.10 Review calendar reminder for appraisal; review e-mail from Larry re: interior inspection; calendar for follow up, 01/07/10 KMM 0,50 Review e-mail from Bcccy Harding; review file; review e-mails; response to Beccy; review e-mail from Nancy Holleran; review e-mails from Beccy and responses to same, 01/08110 KMM 0.40 Review e-mail from Beccy re: response from Nancy at Cenlar; review e-mail from Nancy to Beccy; review e-mail from Beccy to Nancy; e-mail to Beccy; review voice mail message from client; review file for survey; fax transmittal to Trisha Erickson, appraiser. 01/11/10 KMM 0.10 Review e-mail from Nancy Holleran; review e-mail from Beccy Harding; review e-mail from client. 01/15/10 KMM 0.20 Review calendar reminder and e-mail to Marianna Wynn reo status of appraisal and subordination; review response; e-mail to Marianna. 01/18/10 KMM 0.30 Review calendar reminder; review e-mail from client; conference with Ken; review e-mail from Ken; review e-mail from Beccy reo processing fee; e-mail to client enclosing appraisal; e-mail to Nancy Hollenm at Cenlar enclosing appraisal; e-mail to Beccy. 01/19/10 KMM 0.60 Review returned mail for incorrect e-mail address; review e-mail from Beccy; e- mail appmisal to client; e-mail appraisal to Beccy; review voice mail message from client; telephone conference wilh client; e-mail to Ken; review e-mail from PLEASE INCLUDE INVOICE NUMBER Willi REMITTANCE PLEASE REMIT PAYMENT UPON RECEIPT Agenda Item No, 16B4 March 23, 2010 Page 15 of 17 I~&YANDRESS II A LEGAL PROFESSIONAL ASSOCIATION 117709.0001 VANDERBILT BEACH ROAD; CCDOT Invoice: 867206 Februery 12, 2010 Page 4 Date Initials Houn DescriptioD Nancy Holleran at Cenlar re: review of appraisal; response to same; review e-mail from client and response from Ken. 01/21110 KMM 0.10 Review e-mail from Nancy Holleran at Cenlar re: dates in appraisal; review... mail from Marianna Wynn at LS1 01/22/10 KMM 01/25/10 01/25/10 KAJ KMM 01/26/10 KMM 01/27/1 0 KMM 02/01/1 0 KMM 02/02/10 KMM 02/08110 KMM 02/09/1 0 KMM 02/10/1 0 KMM Professional Setvices 0,20 Review e-mail from Beccy Harding re: processing fee; review e-mail from Beccy and response to same. 0,20 Emails back and forth with client 0.60 E-mail to Ken re: contacting client with mortgage company requirement of pay down; review e-mail from client to Ken and Ken to client re: reduction of principal; e-mail to Nancy at Cenlar re: same; review e-mail from client; review e- mail from Beccy re: pay down; e-mail to Ken; review response; review e-mail from Larry; e-mail to Ken; review e-mail from Ken; e-mail to Beccy re: proceeding with closing; review e-mail from Ken; e-mail to Nancy re: amortization. 0,20 Review e-mail from Beccy to Nancy; review e-mail from Nancy; e-mail to Michelle Sweet. 0.10 Review e-mail from Beccy to title company representative re: review of partial release. 0.10 Review e-mail from Michelle Sweet to Nancy Holleran at Cenlar re: partial release or subordination; e-mail to Michelle. 0,10 Review e-mail from Michelle from Nancy at Cenlar and response to same. 0.50 Review e-mail from client; review tile for status; e-mail to client; calendar for follow up; review e-mail from Michelle Sweet re: assignment and subordination; review e-mail from Michelle; e-mail to client; review ...mOll from Nancy at Cenlar and ...mail to Beccy and Michelle re: same. 0.50 Review e-mail from Beccy and response to same; e-mail to Joo re: invoice; review response and calendar for follow up; review e-mail from Michelle Sweet to Nancy at CenIar re: subordination, closing statement, closing date and payment to Cenlar; review e-mails between Nancy and Michelle. 0.20 Review invoice and revisions to same. $ 1.890,00 TIMEKEEPER SUMMARY Timekeeper Kenneth A Jones Houl'll 1.00 Rate 350,00 AmouDt 350.00 PLEASE INCLUDE INVOICE NUMBER WITH REMITTANCE PLEASE REMIT PAYMENT UPON RECEIPT I~ANDRESS II A LEGAL PROFESSIONAL ASSOCIATION 117709,0001 V ANDERBIL T BEACH ROAD; CCDOT Invoice Total Timekeeper Kara M Mszzclla Rate 110.00 HOlln 14.00 Totals 15.00 PLEASE INCLUDE INVOICE NUMBER WITH REMlTIANCE PLEASE REMIT PAYMENT UPON RECEIPT AmOUllt 1,540.00 1,890.00 Agenda Item No. 16B4 March 23, 2010 Page 16 of 17 Invoice: 867206 February 12, 2010 Page 5 ~ 1 AQII on Agenda Item No. 16B4 March 23, 2010 Page 17 of 17 A LEGAL PROFESSIONAL ASSOCIATION REMIT To ADDRESS' 222 S, MAD< STllEET AIc1lON,Omo44308-2098 (330) 376-2700 FAX (330) 376-4577 ramail@n!&w,com I~ANDRESS II FEDERAL TAX ill #34-1245415 REMITTANCE PAGE For Professional Services Rendered MR. KEN JONES 2320 FIRST STREET, SUITE 1000 FORT MYES, FLL 33901-3419 PLEASE INDICATE INVOICE lIUMBIlk ON RIlNITl'ANCIl Invoice: 867206 Client/Mat1cr: 117709,0001 Billing Ally: KAJ FebnJary 12, 2010 Invoice Tolar S 1,890.00 Remit To Address: 222 S. Main Street Akron, OH 44308-2098 Wire! ACH Instructions: Chase Bank 50 S. Main Street Akron, OH 44308 ACH Routing Number 044000037 Wire Routing Number 021000021 Account Number 872113898 Swift Code CHASUS33 Akron a.claaati Oevdaad CoI...baa Toledo Fort Myers Naplel Orlndo TaUabauet WublqtoD D.C. www.ra1aw.com