Agenda 07/27/2010 Item #16K 5Agenda Item No. 16K5
July 27, 2010
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Order and Joint Motion Awarding Expert Fees and
Costs in the amount of $13,332.50 for Parcel 835 in the lawsuit styled Collier County V. Myrtle
Cove, Inc., et al., Case No. 07- 5038 -CA (Lely Area Stormwater Improvement Project No.
51101) (Fiscal Impact $13,332.50)
OBJECTIVE: That the Board of County Commissioners approve the attached Stipulated Order
and Joint Motion Awarding Expert Fees and Costs in relation to the taking of Parcel 825 in the
lawsuit styled Collier County v. Myrtle Cove, fire., et. al., Case No. 07- 5038 -CA (Lely Area
Stormwater Improvement Project No, 5110 1).
CONSIDERATIONS: Platinum Coast Financial Corporation accepted Collier County's Offer of
Judgment in the amount of $79,250.00 on January 25, 2010. A Stipulated Final Judgment was
issued with the Court reserving jurisdiction as to expert fees and costs for the owner's engineer and
surveyor. Prior to a hearing to tax expert fees and costs, a settlement was reached to pay the expert
fees and costs at 85% of the invoice, thus avoiding any additional expense associated with court
proceedings.
If the settlement is approved, the County is responsible for the following fees and costs:
• Engineer and Surveyor Expert Fees and Costs: S13.332.50
TOTAL $13,332.50
FISCAL IMPACT: Funds in the amount of $13,332.50 are available in ad valorem, Stomiwater
Improvement Project No. 5110 1.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners approve the Stipulated
Order and Joint Motion Awarding Expert Fees and Costs as to Parcel 825 and authorize payment of
the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP: 07- 5038- CA;431
Agenda Item No. 16K5
July 27, 2010
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K5
Item Summary:
Recommendation to approve a Stipulated Order and
Joint Motion Awarding Expert Fees and
Costs in the amount of $13,332.50 for Parcel 825 in the
lawsuit styled Collier County v.
Myrtle Cove, Inc., et al., Case No 07- 5038 -CA (Lely Area Stormwater Improvement Project
No. 51101) (Fiscal Impact $13,332.50)
Meeting Date:
7127/2010 9:0000 AM
Prepared By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
7/13/2010 4:14:04 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
7/13!2010 4 :53 PM
Approved By
Jeff Klatzkow
County Attorney
Date
7114/2010 10:32 AM
-- Approved By
Lisa Taylor
ManagementlBudget Analyst
Date
Transportation Division
Transportation F.dminlstration
7114/2010 2:20 PM
Approved By
Norm E. Peeler, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
7/1572010 7:21 AM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Date
Transportation Engineering &
Transportation Division
< n
Construction q,anagemet
7/1 51201 0 S:48 AM
Approved By
Kevin Hencrlcks
Manager - Right of Way
Cate
Transportation Division
Transportation Engineering &
Construction Management
7/15'20101:18 PM
Approved By
OME Coordinator
Date
County Manager's Office
Office of Management & Budget
7/15/2010 4:20 PM
Approved By
Randy Greenwaid
Management'Budget Analyst
Dare
Aganda Item No. 16K5
July '17,2010
Page 3 of 6
Office of Management 8
Office of Management &Budget
7!1 °!20104:57 PM
Budget
Approved By
Susan Usher
ManagementlBudget Analyst, Senior
Date
Office of Management &
Office of Management & Budget
711612010 4:45 PM
Budget
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Ofice of Management 8
Office of Management 8 Budget
7!17!2010 1:40 PM
Budget
Agenda Item No. 16K5
July 27, 2010
Page 4 of 6
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,
vs.
Case No.: 07- 5038 -CA
Parcel No: 825
MYRTLE COVE, INC. a dissolved Florida
corporation, et al.
Respondents.
STIPULATED ORDER TAXING EXPERT FEES AND COSTS
THIS CAUSE having come uponjoint motion for the entry of Stipulated Order Taxing Fees
and Costs made by the Petitioner, COLLIER COUNTY, FLORIDA, and the Respondent,
PLATINUM COAST FINANCIAL CORP, and it appearing to the Court that the parties were
authorized to enter into such motion, and the Court finding that the compensation to be paid by the
Petitioner is full, just and reasonable for all parties concerned, and the Court being fully advised in
the premises, it is therefore,
ORDERED AND ADJUDGED that the Respondent, PLATINUM COAST FINANCIAL
CORP, does recover of and from the Petitioner for expert Barraco and Associates, Inc., fees and costs
in the total sum of THIRTEEN THOUSAND THREE HUNDRED THIRTY -TWO AND 501100
DOLLARS ($13,332.50); and it is further,
ORDERED that within thirty (30) days, the Petitioner, COLLIER COUNTY, FLORIDA,
shall pay the total sum of THIRTEEN THOUSAND THREE HUNDRED THIRTY -TWO AND
50 /100 DOLLARS (513,332.50) as stipulated to in the paragraphs above, said sum to be paid directly
311412 v 01 \ 117285.OW2
Agenda Item No. 16K5
July 27, 2010
Page 5 of 6
to Roetzel & Andress, Trust Account, as attorneys for the Respondent, and shall then be responsible
for disbursement of said funds in accordance with the agreement of the parties.
825 .
Respondent hereby waives any claim for any other expert witness fees or costs as to Parcel
The Court reserves jurisdiction to adjudicate claims for supplemental attorneys fees, if any.
DONE AND ORDERED in chambers in Naples, Collier County, FL this day of
2010.
The Honorable Cynthia A. Pivacek
Conformed copies furnished to:
Kenneth A. Jones, Esquire
Robert N. Zachary, Esquire
711412 v 01 1172X5 -0002
Agenda Item No. 16K5
July 27, 2010
Page 6 of 6
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,
vs. Case No.: 07- 5038 -CA
Parcel No: 825
MYRTLE COVE, INC. a dissolved Florida
corporation, et al.
Respondents.
JOINT MOTION
The parties, by and through their undersigned attorneys, respectfully move this Honorable
Court for the entry of the foregoing Stipulated Order Taxing Expert Fees and Costs as to Parcel 825.
Kennety A. Jones, Esq.
ROETZEL & ANDRESS, LPA
2320 First Street, Suite 1000
Fort Myers, Florida, 33901
Telephone: 239-337-3850
Florida Bar No. 200158
Dated:
311412 % 01 A 117285.0002
97—Robert N. Zachary, Esq.
ASSISTANT COUNTY ATTORNEY
Hannon Turner Building, 81" Floor
3301 East Tamiami Trail
Naples, FL 34112
Telephone: 239- 774 -8400
Florida Bar No. 816604
Dated: