Agenda 09/09-10/2008 Item #16K 8
AGENDA ITEM
No. .~
Str 0; 2008 (",
1 Cy.._,.L~{--$- l{I 1:25
EXECUTIVE_SUMMARr--"~~- -~
Recommendation that the Board of County Commissioners Approve the Proposed Joint Motion for
Agreed Order Taxing Attorney’s Fees and Costs relating to the dismissal of Parcels 102FEE
and 102SE in the condemnation action styled Collier County v. Meridian Broadcasting, Inc., et al.,
Case No. 08-1253-CA, Tree Farm Road Project #60171. (Fiscal Impact: $6,131.50).
OBJECTIVE:That the Board of County Commissioners approve the proposed Joint Motion for the
entry of an Agreed Order awarding attorney’s fees and expert appraisal fees and costs in the
amount of $6,131.50 resulting from the County’s voluntary dismissai of the condemnation action
as to Parcels 102FEE and 1 02SE in Collier County v. Meridian Broadcasting, Inc., et al., Case No. 08.
1253.CA.
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CONSIDERATIONS:
On February 21, 2008. the County filed a condemnation action to acquire four parcels. Two of these
parcels were designated as 1 02FEE and 1 02SE and were to be acquired from land owner, Meridian
Broadcasting, Inc. Meridian operates a radio broadcasting tower on the property. After discussions with
specialists regarding the underground radial antennae, field inspection and further evaluation, the County
learned that the proposed taking would severeiy impacI underground radial antennae emanating from the
tower, thereby resulting in an extensive severance damage and business damage claim. Because this
was discovered prior to the Order of Taking hearing, good faith deposit and the ultimate vesting of title in
the County, the County elected to voluntarily dismiss Parcels 1 02FEE and 1 02SE from the suit. 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. In addition, Florida courts have held that the landowner
is entitled to these costs and attorney’s fees when the condemning authority voluntarily dismisses
or abandons the condemnation action prior to acquiring the property. Owner has incurred
attorney’s fees in the amount of $2,554, which this office considers reasonable. Owner has also
submitted an invoice for expert appraisal fees and costs in the amount of $4,082.50, of which the County
has agreed to pay $3,577.50. If approved, the County will pay the following costs:
. Appraisal Fees and Costs $3,577.50
. Attorney’s Fees $2.554.00
TOTAL: $6, 131.50Attached is the proposed Joint Motion for Agreed Order.
FISCAL IMPACT:Funds in the amount of $6,131.50 are available In Gas Taxes. Source of funds are
Gas Taxes.
GROWTH MANAGEMENT IMPACT:None.
LEGAL CONSIDERA TIONS:This item is legally sufficient for Board Action per Ellen T. Chadwell.
RECOMMENDATION:That the Board of County Commissioners approve the Joint Motion for
Agreed Order for Attorney’s Fees and Costs and authorize the expenditure of funds as stated.
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Prepared By:
Department
County Attorney
AGENDA ITEM
No. _~_'--'__^'_~=--
Date
s\::-p nine,
.. "";X ofs
"._._.l~~r____"~~_. __.,~..._'.~ . ~_
8/28/20089:08:50 AM
Approved By:
Department
Approval
Date
County Attorney Approved
8/29/2008 11 :39 AM
Approved By:
Department Approval
Transportation Approved
Date
8/29/2008 10:43 AM
Approved By:
Department
Approval
Date
Trans. Eng. And Approved
Const. Mgmt.
8/29/2008 10:43 AM
Approved By:
Department
Approval
Date
County Approved
Manager's Office
8/29/2008 11 :09 AM
Approved By:
Department
Office of
Management
and Budget
Approval
Date
Approved
8/29/2008 11 :42 AM
ATTACHMENTS:
Name:
[) CC v. Meridian - Aareed
Qro~r.,AtJY.E"_eJ>ILCQs.t...poJ
Description:
Type:
Agreed Order Taxing Attorney's Fees And Costs
Agreement
AGENDA ITEM
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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,
v.
Case No. 08-l253-CA
MERIDIAN BROADCASTING, INC., et aI.,
Parcels 102FEE and 102SE
Respondents.
/
AGREED ORDER TAXING ATTORNEY'S FEES AND COSTS
THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, MERIDIAN BROARDCASTING, INC., by
and through their undersigned counsel, for entry of an Agreed Order Taxing Attorney's Fees and
Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND
ADJUDGED that:
1. Respondent, MERIDIAN BROADCASTING, INC., shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Three Thousand Five Hundred Seventy
Seven and 50/100 Dollars ($3,577.50) for expert appraisal fees and costs with respect to Parcels
102FEE and 102SE.
2. Respondent, MERIDIAN BROADCASTING, INC., shall recover from Petitioner,
COLLIER COUNTY, FLORIDA, the total sum of Two Thousand Five Hundred Fifty Four
and No/IOO Dollars ($2,554.00) for reasonable attorney's fees incurred prior to the dismissal of
Parcels 102FEE and 102SE.
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.1 Petitioner. COLLIER COLNTY, shall pay the lotal sum of Six Thousand One
HlIlld.-ed Thirty One and 50/100 Dollars ($6,131.50) within thirty (30) days of receipt of this
Ordell11ade I'''yahle to Roelzcl & }\ndress Trust Account. c/o Kenneth A. Joncs. Esq.. 2310 First
Slree\. Suite IOOU. Ft. Myers. Florida. 3391)\. for disbursement in accordance with this order
DUNE AI\D ORDERED III '\Iaplcs. Collier County, Florida. this ___ day of
.1008.
Circuit Court Judge
(llllforlllcd (npJt'~ \0:
Ruh..:rt N, Z;:lchary. b\.}ulrc
Kellndh:\. .JOllt.'S. F.squin..'
Kc\'jn Hemli icks, Tr:.lnsporl~ltion Dept.
\ccl)\lll\in~
JOINT MOTION
The Partics, by and through their undersigned attorneys. hereby move for entry of the
foregoing Agrecd Order Taxing Allomey's Fees and Costs.
Dated:
, !
!
Dated:
(
Kennet A. Jones, Esquire
Florid ar No.: 0200158
1320 rst Street, Suite 1000
Ft. M ers, FL 33901
123')) 337-3850. Phone
12]9) 337-0970- Facsimile
A TTORNEY FOR RESPONDENT,
MERIDIAN BROADCASTING, lNC.
Robert N. Zachary f!- -z..
Assistant County Attorney
Florida Bar No.: 08] 6604
3301 East Tamiami Trail, 8'h Floor
Naples, Florida 341] 2
(239) 252.8400 - Phone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
0C'I
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail to the parties listed below on this _ day of ,2008.
ROBERTN.ZACAHARY
Meridian Broadcasting, Inc.
c/o Kenneth A. Jones, Esquire
2320 First Street, Suite 1000
Ft. Myers, FL 33901-2904
Owner
08.1253.CAl148