Loading...
Agenda 10/27/2009 Item #16K 1Agenda Item No. 16K1 October 27, 2009 EXECUTIVE SUMMARY Page 1 of 5 Recommendation that the Board of County Commissioners Approve an Agreed Order Awarding Expert Fees for Parcel 125 in the condemnation action styled Collier County v Robert J. Derr, et al., Case No. 03- 2196 -CA, Golden Gate Parkway Project No. 60027. (Fiscal Impact: $6,942.50). OBJECTIVE: That the Board of County Commissioners approve the attached Agreed Order and with Joint Motion for payment of Expert Fees in the case of Collier County v. Robert J. Derr, et al., Case No. 03- 2196 -CA, Golden Gate Parkway Project No. 60027. (Fiscal Impact: $6,942.50). CONSIDERATIONS: On April 12, 2005, a Stipulated Final Judgment was entered for Parcel 125, relating to property owner Airport Hall for Hire, Inc. The only issue remaining relates to payment of expert fees. Pursuant to Section 73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs incurred in the defense of the eminent domain proceeding. The property owner has provided copies of invoices for expert appraisal fees, planning fees and landscape architect fees. If approved, the County will pay the following: • Appraisal Fee $4,000.00 • Planning Fees $2,000.00 • Landscape Architect Fees 942.50 ... TOTAL: $6,942.50 FISCAL IMPACT: Funds in the amount of $6,942.50 are available in Gas Taxes and Impact Fees. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. HFAC GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees and authorize the expenditure of funds as stated. PREPARED BY: Robert N. Zachary CP:03- 2196;695 i Page 1 of 2 Agenda Item No. 16K1 October 27, 2009 Page 2 of 5 file://C:\AgendaTest\Export\ 13 7-October 27, 2009 \16. CONSENT AGENDA \16K. COUN... 10/21/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K1 Item Summary: Recommendation that the Board of County Commissioners Approve an Agreed Order Awarding Expert Fees for Parcel 125 in the condemnation action styled Collier County v. Robert J. Derr, et al., Case No. 03- 2196 -CA, Golden Gate Parkway Project No. 60027. (Fiscal Impact: $6,942.50). Meeting Date: 10/27/2009 9:00:00 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 101812009 4:39:54 PM Approved By Lisa Taylor ManagementlBudget Analyst Date Transportation Services Transportation Administration 101912009 9:18 AM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 10/9/2009 10:26 AM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 10/9/2009 12:01 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 10/912009 12:15 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 10/9/2009 3:41 PM Approved By Najeh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 10/12!2009 3:18 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 10/13/2009 11:21 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/14/2009 2:14 PM file://C:\AgendaTest\Export\ 13 7-October 27, 2009 \16. CONSENT AGENDA \16K. COUN... 10/21/2009 Page 2 of 2 Agenda Item No. 16K1 October 27, 2009 Page 3 of 5 Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10114/2009 3:10 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 10/14/2009 3:39 PM file://C: \AgendaTest \Export\137- October 27, 2009 \16. CONSENT AGENDA \l6K. COUN... 10/21/2009 u Agenda Item No. 16K1 October 27, 2009 Page 4 of 5 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. ROBERT J. DERR, et al., Respondents. Case No.: 03- 2196 -CA Parcel No.: 125 AGREED ORDER AWARDING EXPERT FEES THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, AIRPORT HALL FOR HIRE, INC., by and through their undersigned counsel, for entry of an Agreed Order Awarding Expert Fees, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that: I. Respondent, AIRPORT HALL FOR HIRE, INC., shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Six Thousand Nine Hundred Forty -Two and 501100 Dollars ($6,942.50) with respect to Parcel No. 125, for expert fees. 2. - Petitioner, COLLIER COUNTY, shall pay this sum within thirty (30) days from the date of this Order to Forman, Hanratty & Montgomery Trust Account, c/o Vanessa Thomas, Esquire, 723 East Fort King Street, Ocala, Florida 34475, for payment of expert fees as follows: a. $4,000 to Florida Coastal Appraisal Services for appraisal fees; b. $942.50 to Gorsium, Inc. for landscape architect fees; c. $2,000 to Williams Development Services, Inc., for planning fees. 3. No further expert fees or costs shall be awarded in this matter. I Agenda Item No. 16K1 October 27, 2009 Page 5 of 5 DONE AND ORDERED in Naples, Collier County, Florida, this day of 2009. Conformed copies to: Robert N. Zachary, Esquire Vanessa Thomas, Esquire Kevin Hendricks, Transportation Dept. Circuit Court Judge JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order Awarding Expert Fees. Dated: )0- S -09 Vanessa Thomas, Esquire Florida Bar No. 702412 FORMAN HANRATTY & MONTGOMERY 723 East Fort King Street Ocala, Florida 34471 (352) 732 -3915 - Telephone (352) 351 -1690 - Facsimile ATTORNEY FOR RESPONDENT Dated: Robert N. Zachary Assistant County Attorney Florida Bar No.: 816604 3301 East Tatniami Trail, 8th Floor Naples, Florida 34112 (239) 252 -8400 — Phone (239) 252 -6300 — Facsimile ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been famished by U.S. Mail to the parties listed below on this day of Robert 1. Derr c% Vanessa Thomas Esquire Forman, Hanratty & Montgomery 723 East Ft. King Street Ocala, FL 34471 03 -2 t 96CAJ693 2 2009. ROBERT N. ZACHARY ASSISTANT COUNTY ATTORNEY