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Agenda 10/26/2010 Item #16K 1Agenda Item No. 16K1 October 26, 2010 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve an Agreed Order Awarding Expert Fees and Costs in the amount of $42,000 for Parcels 109FEE and 109TCE in the lawsuit styled Collier County v A.L. Subs, Inc., et al., Case No. 09- 3691 -CA (Collier Blvd. Project No. 60092) (Fiscal Impact $42,000) OBJECTIVE: That the Board of County Commissioners approve the attached Agreed Order Awarding Expert Fees and Costs in relation to the taking of Parcels 109FEE and 109TCE in the lawsuit styled Collier County v. A.L. Subs, Inc., et. al., Case No. 09- 3691 -CA (Collier Blvd. Project No. 60092). CONSIDERATIONS: A Stipulated Final Judgment was issued by the Court on a business damage claim in this matter on February 11, 2010. The Stipulated Final Judgment also reserved jurisdiction as to expert fees and costs for the owner's engineer and certified public accountant. Prior to setting a hearing on their motion 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 Expert Fees and Costs: $15,000 • Certified Public Accountant Expert Fees and Costs: $17,000 • Attorney's Fees and Costs: $10.000 TOTAL $42,000 FISCAL IMPACT: Funds in the amount of $42,000 are available in Gas Taxes and /or Impact Fees. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees and Costs as to Parcels 109FEE and 109TCE and authorize payment of the funds as stated. PREPARED BY: Robert N. Zachary, Assistant County Attorney 09 -3691 CA /3586 Agenda Item No. 16K1 October 26, 2010 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K1 Item Summary: Recommendation to approve an Agreed Order Awarding Expert Fees and Costs in the amount of $42,000 for Parcels 109FEE and 109TCE in the lawsuit styled Collier County v. A.L. Subs, Inc., et al., Case No. 09- 3691 -CA (Collier Blvd. Project No. 60092) (Fiscal Impact $42,000) Meeting Date: 10126/2010 9:00:00 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 10/11/2010 9:51:20 AM Approved By Najeh Ahmad Director - Transportation Engineering Date Transportation Engineering & Transportation Division Construction Management 10/12/2010 10:32 AM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 10/12/2010 11:02 AM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney 10/1212010 3:46 PM Approved By Kevin Hendricks Manager - Right of Way Date Transportation Engineering & Transportation Division Construction Management 10/14/2010 12:47 PM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Division Transportation Administration 10/14/2010 3:26 PM Approved By Jeff Klatzkow County Attorney Date 10/18/2010 10:40 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 10/1812010 12:51 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1011812010 3:52 PM J Agenda Item No. 16K1 October 26, 2010 Page 3 of 6 IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State. of Florida, Petitioner, VS. A.L. SUBS, INC., et al. Respondents. CASE NO. 09-369 1-CA Parcels, 109FEE,109TCE AGREED ORDER AWARDING FEES AND COSTS THIS CAUSE having come before the court upon Respondent A. L. SUBS, INC: s and Petitioner COLLIER COUNTY's Joint Motion for entry of an Agreed Order Awarding Fees And Costs in connection with business damages, and the Court having considered the Joint Motion, the parties having agreed that the fees and costs presented below were reasonable in connection with Respondent's business damage claim, and being otherwise fully advised in the premises, it is therefore, ORDERED AND ADJUDGED that the following items of fees and costs are hereby taxed against the Petitioner, COLLIER COUNTY , in the amounts set forth opposite each item, as follows: 1. To Forman, Hanratty & Montgomery for attorney's in connection with the business damage claim of A. L. Subs, Inc.: $10,000.00 2. To Berryhill, Hoffman & Getsee, P.A. for business damage valuation $17,000.00 3. To D.M.A. Engineering, Inc. for engineering information $15,000.00 i Agenda Item No. 16K1 October 26, 2010 Page 4 of 6 ORDERED AND ADJUDGED that within thirty (3 0) days of the date of receipt of a conformed copy ofthis Agreed Order, the Petitioner, COLLIER COUNTYPROTECT 10N, shall promptly pay the sum of FORTY -TWO THOUSAND & 001100 DOLLARS ($42,000.00) to FORMAN, HANRATTy & MONTGOMERY, TRUST ACCOUNT, attorneys for Respondent, A. L. SUBS, INC., and forward said payment by U.S. Mail to Forman, Hanratty & Montgomery, 723 E. Fort King Street, Ocala, FL 34471, for proper distribution by it in accordance with this Agreed Order; and it is further ORDERED AND DIRECTED that this Court retain jurisdiction over this cause for determining the remaining issues and to enforce the terms of this Agreed Order Taxing Expert Witness Fees; and it is further DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of October, 2010. Copies furnished counsel of record pursuant to attached Service List CYNTHIA A. PNACEK CIRCUIT COURT JUDGE Agenda Item No. 16K1 October 26, 2010 Page 5 of 6 The parries by and through their undersigned attomgs respectfully move for the entry of the foregoing Agreed Order Awarding Fees And Costs on this`_„ day of October, 2010. COLLIER COUNTY By: Robert N. Zachary, Esq. Fla. Bar No. 816604 Assistant County Attorney Hannon Turner Building 3301 East Tamiami Trail Naples, FL 34112 Phone: 239- 252 -8400 Attorneys for Petitioner, Collier County FORMAN, HANRATTY & MONTGOMERY By: . Charles R Forman, Esq. Fla. Bar No. 229253 1323 S.E. Third Avenue Ft. Lauderdale, FL 33316 Phone: (954) 522 -9441 Attorneys for Respondent, A.L. Subs, Inc. Agenda Item No. 16K1 October 26; 2010 i Page 6 of 6 COLLIER COUNTY v A.L. SUBS, INC., ET AL - Case No. 09- 3691 -CA Parcel 109FEE,109TCE All Parcels Heidi F. Ashton- Cicko, Esq. Section Chief, AssstantCountyAtty., and Robert N. Zachary, Esq. Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 Telephone: (239) 252 -8400 Facsimile: (239) 774 -0225 Attorney for Petitioner Collier County Tax Collector c/o Jennifer Dixon - Abbott, Esq. Rhodes Tucker & Garretson P.O. Box 887 Marco Island, FL 34146 Parcels 109FEE & 109TCE 951 Petroleum Corp. c/o Charles R Forman, Esquire Forman Hanratty Thomas & Montgomery 1323 SE 3r Ave. Fort Lauderdale, FL 33316 Phone: (954)522.9441 Fax: (954 -522 -2076 R13C Bank (USA) f/k/a Community Bank of Naples, N.A. C/o Corporation Service Company 1201 Hays Street Tallahassee, FL 32301 -2525 Panther Petroleum, Inc. c% Martin E. Rice (Registered Agent). P.O. Box 205 St. Petersburg, FL 33731 Charles R Forman, Esq. Forman Hanratty Thomas &M ontgomery 1323 SE 3rd Avenue Fort Lauderdale, F133316 Telephone: (954) 522 -9441 Facsimile: (954) 522 -2076 Atty. for A.L. Subs, Inc. Banyan Group, Inc. c/o Martin E. Rice (Registered, Agent). P.O. Box 205 St. Petersburg, FL 33731