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Agenda 10/27/2009 Item #16B 9Agenda Item No. 1669 October 27, 2009 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve the payment of attorney fees and expert witness fees incurred by Tania Cantin and Miguel Del Pozo in defense of the taking of a portion of their property for the Collier Boulevard six - laning project (from Green Boulevard to Golden Gate Boulevard). Project No. 68056, Parcel Nos.161FEE and 161TCE (Fiscal Impact: $4,980) OBJECTIVE: To approve the payment of attorney fees and expert witness fees incurred by property owners Tania Cantin and Miguel Del Pozo in defense of the taking of a portion of their property for the Collier Boulevard six -laning project (from Green Boulevard to Golden Gate Boulevard). CONSIDERATIONS: The fees for the owner's attorney and real estate appraiser (as well as any other expert witnesses employed by the owner) are usually included as pay items in the Purchase Agreement between the County and the Property Owner; however, in this particular instance, so that the payment to the property owners would not be held up, the agreement was processed in advance of negotiating an agreement on the matter of fees and costs. The Purchase Agreement, dated August 21, 2009, only provided for the purchase of the proposed right -of -way from the owners for $74,500 without mentioning payment for the attorney or the real estate appraiser. FISCAL IMPACT: The approval of this recommendation results in a fiscal impact to the County of $4,980. Source of funds are road impact fees and/or gas taxes. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action — RNZ GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida approve the payment of attorney fees in the amount of $3,240 to the law firm of Forman, Hanratty and Montgomery and the payment of professional service fees to the real estate appraisal firm of Florida Condemnation Services, Inc. in the amount of $1,740. Prepared by: Kevin Hendricks, TECM Right -of -Way Acquisition Manager Attachments: (1) Invoices and backup documentation Page 1 of 2 Agenda Item No. 1689 October 27, 2009 Page 2 of 12 file://C: \AgendaTest \Export \137 - October 27, 2009 \16. CONSENT AGENDA \16B. TRAN... 10/21/2009 COLLIER COUNTY �. BOARD OF COUNTY COMMISSIONERS Item Number: 1689 Item Summary: Recommendation to approve the payment of attorney fees and expert witness fees incurred by Tania Cantin and Miguel Del Pozo in defense of the taking of a portion of their property for the Collier Boulevard six - laning project (from Green Boulevard to Golden Gate Boulevard). Project No. 68056, Parcel Nos. 161 FEE and 161TCE (Fiscal Impact: $4,980) Meeting Date: 10/27/2009 9:00:00 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 10/812009 3:48 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1019/2009 3:38 PM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 10!1212009 3:13 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 10/13/2009 4:19 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 10114/2009 12:31 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/14/2009 2:19 PM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Services Transportation Administration 10/1412009 4:25 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 10/15/2009 3:16 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management $ Budget 10115/2009 4:24 PM file://C: \AgendaTest \Export \137 - October 27, 2009 \16. CONSENT AGENDA \16B. TRAN... 10/21/2009 Page 2 of 2 Agenda Item No. 1689 October 27, 2009 Page 3 of 12 Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10116/2009 1:32 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10/1612009 3:48 PM fi le://C:\AgendaTest\Export\ 13 7 -October 27, 2009 \16. CONSENT AGENDA \16B. TRAN... 10/21/2009 I FORMAN, HANRATTY & MONTGOMERY ATTORNEYS AT LAW September 18, 2009 Reply to: Fort Lauderdale Ms. Rebecca Harding Property Acquisition Specialist Collier County Transportation Division Right Of Way Office 2885 S. Horseshoe Drive Naples, FL 34104 I Agenda Item No. 16139 October 27, 2009 Page 4 of 12 CHARLES R. FORMAN JOSEPH M. HANRA7n MICHAEL H. MONTGOMERY *1 VANESSA THOMAS- -At. L-ILW n Al*- tl. d dr. a H__ a cm*— M celver, SEP 2 12009 'x E a C.M. 00M Re: Tania Cantin and Miguel J. DelPozo -Parcels 161FEE and 161TCE - Dear Ms. Harding: Enclosed is our invoice for services rendered in connection with the above referenced matter. Please have the check made payable to Forman, Hanratty & Montgomery. Our tax ID number is 59- 2342150. Should you have any questions or concerns, please call me at the office. Best wishes, Charles R. Forman CRLF!el Enclosure 723 E. FT. KING ST. OCALA. FLORIDA 34471 (352) 732.3915 FAX (352) 351.1690 (800) 527 -3445 425 N. MAGNOLIA AVE. 3200 TAMIAMI TR. N., STE. 200 ORLANDO, FLORIDA 32801 NAPLES, FLORIDA 34103 (407) 540.9100 (800) 527.3445 FAX (407) 540 -0028 1323 S.E. THIRD AVE. FL LAUDERDALE, FLORIDA 33316 (954)522.9441 FAX (954) 522 -2076 _ ..-w._.,,.....,...,.-..__ 2627 MISSION ST., SUITE 1 SAN MARINO, CALIFORNIA 91106 (626) 799 -0550 RE: Tania Cantin and Miguel J. Del Pozo - Parcels 161 & 162 CHARLES R. FORMAN - Partner 05/15/08 Initial phone conference with client Letter to client 05/21/08 Meeting at site with client; inspect site; review E.D. 06/06/08 Letter to attorney re. apportionment issues Letter to client 07/08/08 Letter to attorney re apportionment 07/09/08 Review offer package /appraisal, prepare package of information for expert, meeting withCraig Keneipp 09/02/08 Letter to client 10/17/08 Review Keneipp appraisal 12/19/08 Letter to Kevin Hendricks 12/23/08 Review appraisal data, transmit to Kevin Hendricks 12/24/09 Response from Kevin Hendricks 01/17/09 E -mail Collier Cty 01/20/09 Response from Collier Cty 02/09/09 Letter to client 04/02/09 Apportionment memo from attorney 04/08/09 Letter to Ian Holmes 04/22/09 Review of contract, response to Collier 04/24/09 Letter to client Agenda Item No. 16139 October 27, 2009 Page 5 of 12 .25 .25 1.50 .25 .25 .25 1.00 .25 .75 .25 .40 .25 .20 .20 .25 .25 .25 .50 .20 05/15/09 Letter to Rebecca Harding 05/21/09 E -mails re contract 07/27/09 Letter to clients Estimated time re bank issues and closing TOTAL PARTNER HOURS: SUMMARY: 10.80 Atty. hrs. x $300.00 per hr. TOTAL AMOUNT DUE - Agenda Item No. 16139 October 27, 2009 Page 6 of 12 .40 .20 .20 2.50 10.80 hours $ 3,240.00 $ 3,240.00 Lid PROJECT: PARCEL NO: FOLIO NO: FORM W -9 Agenda Item No. 1689 October 27, 2009 Page 7 of 12 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION AS THE RECIPIENT OF FUNDS PAID BY COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, YOU ARE REQUIRED BY LAW TO PROVIDE YOUR CORRECT TAXPAYER IDENTIFICATION NUMBER (TIN). IF YOU DO NOT PROVIDE COLLIER COUNTY WITH YOUR TAXPAYER IDENTIFICATION NUMBER, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES IMPOSED BY LAW. As to Corporations: Corporation Name: Florida Condemnation Services Inc, dba Florida Coastal Appraisal Services Street Address: 2101 S. Andrews Avenue Suite 205 City, State & Zip Code: Ft. Lauderdale, FL 33316 Taxpayer Identification Number: Please enter the corporation Employer Identification Number below: Employer Identification Number: 65- 0154065 Under penalties of perjury, I certify that the number shown on this statement is the correct Taxpayer Identification Number for the corporation (or the corporation is waiting for a number to be issued to it). (If you are awaiting a TIN, you will have sixty (60) days to obtain one and furnish to this department.) , v ,) S' Date: D. Craig Keneipp , as Director , on behalf of said corporation. Print Name Print Corporate Title Fax Number: 954779 -3395 Agenda Item No. 1689 October 27, 2009 ' Florida Coastal Appraisal. Services Page 8 of 12 July 16, 2009 Real Estate Appraisers and Consultants 2101 South Andrews Avenue Suite 205 Fort Lauderdale, FL 33316 954 779 -3298 954 779 -3395 (Fax) ,0( 0 ' Mr. Charles Forman, Esq. FORMAN, HANRATTy 1323 Southeast 3`d Avenue Fort Lauderdale, FL 33316 SUBJECT: Cantin Parcels 161,162 — Collier Blvd/CR 951 13435 Collier Blvd Collier County, Florida Dear Mr. Forman: Please accept this as my firm's invoice for professional services related to the taking of the above referenced parcels to date. Hourly breakdown by date and task is attached. I have provided the requested appraisal services, including the development and updating of my appraisal drafts for the partial taking analysis of the subject properties by Collier County. Additional appraisal services, in the form of content reviews of the Collier County appraisals have been provided. I have researched and maintained applicable sales data to be utilized for negotiation, mediation, deposition, and trial purposes. You have authority to provide this invoice to the County and include my' fee in settlement discussions. My file is available for review by the County with adequate notice. 11.60 hours x $1�— , ISO �%r. = � L ,7.4� Respectfully Submitted, D. efaif KaMaipp , >,-,-cr C:T" w� �. L I �o D. Craig Keneipp �A-5 T� W° 1C. A--F- State Certified General Appraiser - #1491 * 1 so V� c-. +tov • -PLE- V— V R-z> c_ � s )A-A/ v -- T A-� c , -7 . �q i51o1 07 Agenda Item No. 1689 October 27, 2009 Collier County v Cantin 161 / 162 Page 9 of 12 INVOICE 7/09/2008 Review county offer package from atty. Set up file. Pull subject data. Content review County appraisal (Wilcox). Pull preliminary sales data. Verify county sales data. 2.75 07/10/2008 Onsite inspection. Conf. with home builders on CR951 RE: setback data. T/C with atty. 1.25 10/17/2008 Update sales data. Prepare draft analyses. Office conf. with atty. Review reports. T/C with client. 2.50 10/19/2008 Sales update. Fax sales data analysis to atty. 2.00 10/29/2008 Prep drafts. Fax data to atty. Mail copy to client. 1.75 11/19/2008 Sales update. Pull County web data. Email report drafts to atty. 1.25 02/09/2009 Review letter from atty. .10 Total: 11.60 11.60 hours x $ /hr = $2,030.00 2 Agenda Item No. 1689 October 27, 2009 Page 10 of 12 HardingRebecca From: cforman @atlantic.net Sent: Friday, September 18, 2009 1:30 PM To: HardingRebecca Subject: RE: Invoice for Cantin / DelPozo (Collier Blvd. project - Parcels161 FEE/TCE) Craig said he would take the amount but doesn't want to do a new invoice at a different rate. Please pay him $1740. Thank you. Charlie Quoting HardingRebecca < RebeccaHardine (acolliereov.net>: > Charlie: > Also, please have your appraiser, Mr. Keneipp, reduce his hourly fee > from $150 to $175 per hour and resubmit his invoice. Per Kevin > Hendricks, all of the appraisers under contract with Collier County > are paid at $150 per hour. This would put his total compensation at $1740. > Thank you. > Rebecca Harding > - - - -- Original Message---- - > From: cforman @atlantic.net [mailto:cforman @atlantic.net] > Sent: Tuesday, September 15, 2009 8:02 PM > To: HardingRebecca > Cc: hendricks_k; Esty Liptak > Subject: RE: Invoice for Cantin / DelPozo (Collier Blvd. project - > Parcels161FEE /TCE) > Thank you! > Charlie > Quoting HardingRebecca < RebeccaHardine tacolliergov.net>: >> Hi Charlie: >> we checked with our County Attorney's Office and they have advised > that >> the partner rate in the Naples area is $300.00 per hour. Please > submit >> a revised invoice or statement on your firm's letterhead specifying a >> breakdown of the hours (as you did before) and include the $300 rate. >> The Clerk's Finance Dept. will not cut a check unless all this >> information is included. >> If there are any questions, please let me know. i Agenda Item No. 16B9 October 27, 2009 Page 11 of 12 >> Thank you, >> Rebecca >> From: Charles R. Forman [mailto:cforman @atlantic.net] >> Sent: Wednesday, September 09, 2009 3:59 PM >> To: HardingRebecca >> Subject: Re: Invoice for Cantin / DelPozo (Collier Blvd. project - >> Parcels 161FEE /TCE) >> Thank you! >> From: HardingRebecca < mailto :RebeccaHarding @colliergov.net> >> Sent: Wednesday, September 09, 2009 3:00 PM >> To: Charles R. Forman <mailto:cforman(datlantic.net> >> Subject: RE: Invoice for Cantin / DelPozo (Collier Blvd. project - >> Parcels 161FEE /TCE) >> Thank you, Charlie. I'll let you know the rate once I find out > myself. >> From: Charles R. Forman [mailto:cforman @atlantic.net] >> Sent: Wednesday, September 09, 2009 2:09 PM >> To: HardingRebecca >> Cc: hendricks_k >> Subject: Re: Invoice for Cantin / DelPozo (Collier Blvd. project >> Parcels 161FEE /TCE) >> Rebecca: >> What rate can you pay? This is my 33rd year. My billed rate is $400. > for >> hourly litigation. I assumed you weren't paying at that rate yet. > I'll >> go with your normal Naples partner rate. Thanks. 2 I >> Charlie >> From: HardingRebecca < mailto :RebeccaHarding @colliergov.net> >> Sent: Wednesday, September 09, 2009 11:39 AM >> To: cforman(@atlantic.net >> Cc: hendricks_k < mailto :KEHendricks(@colliergov.net> >> Subject: Invoice for Cantin / DelPozo (Collier Blvd. project - >> Parcels >> 161FEE /TCE) >> Dear Mr. Forman: >> We received your letter of Sept. 2, along with your invoice for the >> above. However, the invoice for your fees does not include your > hourly >> rate. Please resubmit another invoice to us which includes your > hourly >> rate. >> Thank you. >> Rebecca Harding > ---------------------------------------------------------------- > This message was sent using IMP, the Internet Messaging Program. -•-- ---------------------------------------------------------------- This message was sent using IMP, the Internet Messaging Program. 3 Agenda Item No. 1669 October 27, 2009 Page 12 of 12