Agenda 07/22/2008 Item #16K 5Agenda Item No. 16K5
July 22, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs in
Connection with Parcels 146 and 746 in the Lawsuit Styled Collier County, Florida v. April
Circle Ltd., et al., Case No. 04- 3679 -CA (Immokalee Road, Project #66042) Fiscal Impact:
$28,891.00.
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order Awarding
Expert Fees and Costs in Connection with Parcels 146 and 746 in the lawsuit styled Collier County,
Florida v. April Circle Ltd, et al., Case No. 04- 3679 -CA (Immokalee Road, Project #66042).
CONSIDERATIONS: The County acquired the subject property by entry of a Stipulated Order of
Taking on December 17, 2004 and subsequently depositing funds into the Court Registry. The
County and Respondent agreed to a Stipulated Settlement Agreement dated October 13, 2006,
which was approved by this Board. While awaiting approval for a variance pursuant to the
settlement, the parties have reached agreement on expert fees and costs. Pursuant to §73.091, Fla.
Stat., the property owner is entitled to all reasonable and necessary costs incurred in defense of the
eminent domain proceeding. The property owner submitted invoices for appraisal fees totaling
$5,825.00, engineering fees totaling $16,045.00, and planning fees totaling $13,479.18. Through
negotiation, the parties have agreed as follows:
• Appraisal Fees: $ 4,400.00
• Engineering Fees: $12,836.00
• Planning Fees: $11,655.00
Total $28,891.00
Attached is the proposed Agreed Order providing for the above stated costs.
This item is legally sufficient for Board action.
FISCAL IMPACT: Funds in the amount of $28,891.00 will come from Gas Taxes and Impact
Fees. Source of Funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the Agreed Order
and approve the expenditure and disbursement of funds as stated.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney
CP:04- 3679;990
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Agenda Item No. 16K5
July 22, 2008
Page 2 of 5
file: / /C:AAtendaTest \Fxnort\l I l- .Tnly %2n22%2n2nnR\ 1 F %2n(Y)NRFNTe/ 7OAC�FNDA\ 1 7/1 5 / ?nnR
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K5
Item Summary:
Recommendation to Approve an Agreed Order Awarding
Expert Fees and Costs in
Connection with Parcels 146 and 746 in the Lawsuit Styled
Collier County, Florida v. April
Circle Ltd., at al., Case No. 04- 3679 -CA (Immokalee Road, Project #60042) Fiscal Impact:
$28.891.
Meeting Date:
7/22/2008 9:00:00 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
6/30/2008 5:00:41 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
7/112008 8:47 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
7/112008 9:17 PM
Approved By
Najeh Ahmed
Director
Date
Transportation Engineering &
Transportation Services
Construction Management
7/212008 11:14 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
71312008 9:40 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/712008 10:24 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
7/7/2008 3:46 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/8/2008 11:07 AM
_..,. Approved By
Susan Usher
Senior Management /Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/8/2008 2:19 PM
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Agenda Itern No. 15K5
July 22. 2008
Page 3 of 5
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 719/2008 3:31 PM
file: / /C:AAaenciaTest \Fxnnrt\ 111- lnlv°/ 0f117 o/)0?0 nRV 1F A\1 7/1c /IMQ
Agenda Item No. 16K5
July 22, 2008
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, Case No.: 04- 3679 -CA
Petitioner, Parcel Nos.: 146, 746
VS.
APRIL CIRCLE, LTD., et al.,
Respondents.
AGREED ORDER AWARDING EXPERT FEES AND COSTS
THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent,
APRIL CIRCLE, LTD. (hereafter "Respondent'), by and through its undersigned counsel, for
entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that:
Respondent shall receive from Petitioner,. COLLIER COUNTY, FLORIDA, the
sum of Four Thousand Four Hundred Dollars and No/100 ($4,400.00) for appraisal fees of
Consortium Appraisal, Inc.
2. Respondent shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the
sum of Twelve Thousand Eight Hundred Thirty-Six Dollars and No /100 ($12,836.00) for
engineering fees of Landon, Moree & Associates.
3. Respondent shall receive from Petitioner, COLLEIR COUNTY, FLORIDA, the
sum of Eleven Thousand Six Hundred Fifty-Five Dollars and No /100 (511,655.00) for
planning fees of Englehardt, Hammer & Associates.
Agenda Item No. 16K5
July 22, 2008
Page 5 of 5
4. ORDERED that within thirty (30) days of receipt by Petitioner of the Agreed
Order entered by the Court, Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the total
amount of Twenty -Eight Thousand Eight Hundred Ninety -One Dollars and No /100
(S28,891.00) to the WILSON GARBER & SMALL TRUST ACCOUNT, c/o Jay W, Small,
Esquire, Wilson, Garber & Small, P.A., 437 North Magnolia Avenue, Orlando, Florida 32801 for
proper disbursement.
DONE AND ORDERED this _ day of
County, Florida.
Conformed copies to:
Ellen T. Chadwell, Esquire
Jay W. Small, Esquire
Thomas F. Lang, Esquire
E. Glenn Tucker, Esquire
Federal Home Loan Mortgage Corp.
Sprint, Incorporated
Florida Cablevision Management Corp.
Bookkeeping
JOINT MOTION
2008 in Naples, Collier
CIRCUIT COURT JUDGE
The Parties, by and through their undersigned attomeys, hereby move for entry of the
foregoing Agreed Orde�s Parcels 146 and 746.
Dated: B —/ ' ! Dated:
JAYMACL, ESQUIRE
Bar No.: 562890
WILSON GARBER & SMALL P.A.
437 North Magnolia Avenue
Orlando, Florida 32801
(9 13) 874 -2600 - Telephone
(813) 874 -1760 – Facsimile
ATTORNEY FOR RESPONDENT
2
ELLEN T. CHADWELL, ESQUIRE.
Florida Bar No.: 983860
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252 -8400 - Telephone
(239) 252 -6300 - Facsimile
ATTORNEY FOR PETITIONER