Agenda 05/13/2008 Item #16K 1
Agenda Item No. 16K 1
May 13, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve an Agreed Order for Supplemental Attorney's Fees in
connection with Parcels 720, 820A, 820B and 920 in the lawsuit styled Collier County v.
Elhanon Combs, et aL, Case No. 03-2352-CA (Golden Gate Parkway, Project #60027). (Fiscal
Impact: $4,200.00)
OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for payment of
supplemental attorney's fees in connection with Parcels 720, 820A, 820B and 920 in the lawsuit
styled Collier County v. Elhanon Combs, et al., Case No. 03-2352-CA (Golden Gate Parkway,
Project #60027).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking
on September 19, 2003 and subsequently depositing funds into the Court Registry. The County and
Respondents settled by Stipulated Final Judgment which was entered by Judge Hayes on January 9,
2007. A cost hearing was held on February 5, 2008. Respondents are entitled to reasonable
attorney's fees and costs for supplemental proceedings in accordance with Section 73.092, F.S.
. Supplemental Attorney's Fees:
$4.200.00
Total
$4,200.00
Attached is the proposed Agreed Order providing for the above-stated cost.
FISCAL IMPACT: Funds in the anlount of $4,200.00 will come from the TranspOliation
Supported Gas Tax Fund and Impact Fee Funds. 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 offunds as stated.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney
-
04/10/2008 13:53
5545222076
FORr.W~ HANRATTY MONT
Agenda Item No. 16K 1
May 13. 2008
p~e !bof 5
IN THE CIRCUIT COURT OF THE TWENTIETH. Jl.jDICL\L CIRCUIT
IN AND FOR COLLIER COUNTY, FI_ORIDA
CML ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner"
Case No.: 03-2352-CA
VS.
Parcel Nos.: no, 820A. 820B, 920
ELHANON COMBS, el al.,
Respondents.
/
AGREED ORDER FOR SUPl'LEMENTAL ATTORNErS FEES
THIS CAUSE. baving come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents,
ELHANON COMBS and SANDRA S. COMBS (hereafter "Respondents'). by and through their
UIldersigncd counsel, for cntty of an Agreed Order, and the Court, being fully advised in the
premises~ it is hereby
ORDERED AND ADJUDGED that:
1. Respondents shall receive from Petitioner. COLLIER COUNTY, FLORIDA, the
sum of FOl1r Thousltlld Two Hundred Dollars and No/IOO ($4,200.00) for supplemental
attorney's fcos.
2. ORDERED that within tbirty (30) days of receipt by Petitioner of the Agreed Order
C'lJlered by the Court, Petitioner. COLLIER COUNTY, FLORIDA, shall di,bume t'he total amount
of Four Thousand Two Hundred Doll.... and N,,/lOO (54,200.00) 10 CHARLES R. FORMAN.
ESQUIRE, Fonnan, Hanratty & Montgomery, 1323 SE Third Avenue, Fort Lauderdale, Florida
333]6.
84/18/2008 13:53
9545222075
DONE AND ORDERED this _ day of
Florida.
FORMAN HANRATTY MONT
.L\c.enda Item !'~o. "16K1
~ lv1ay 13, 2008
P~g'\J~ of 5
, 2008 in Naplcs.. Collier County,
Conformod copies to:
Heidi A.hton-Cicko, Esquire
Charles R. Fonnan, Esquire
E. Glenn Tudeer, Esquire
Greg Carlisle, Individually &
d/b/a Fitness Quest (address unknown)
Gulf American Marine. Inc.
MLHM os Custodian in care of Tax Asset Group
.TD Allen & Associates. Inc.
Kevin Hendrick:<. ROW Acquisition Mgr., TranslECM
Bookkeeping
JOINT MOTION
CIRCUIT COURT JUDGE
The Partie., by and !hrougb their undersigned attcmeys, hereby move for entry of the foregoing
Agreed Order as to Parcels 720, 820A, 820B and 920.
Datoo:
~~~ 12--.;b-
C ES R. F"ORMAN, ES UIRE --
Florida Bu No.: 229263
FORMAN HANRATTY & MONTGOMERY
1323 SE Third Avenue
Fort Lauderdale, Florida 333t6
(954) 522"9441 .. Telephone
(954) 522-2076 - Facsimile
ATTORNEY FOR RESPONDENTS
2
Dated:
(j)
RElDI ASHTON-CICKO, ESQUIRE
Florida Bu No.: 965770
OFFICE OF TIlE COUNTY AITORNEY
Harmon Turner Building
330t East Tamiarni Trail
Naples, Florida 341lZ
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimilc
ATIOill'<"EY FOR PETITIONER
Page 1 of2
Agenda Item No. 16K1
May 13, 2008
Page 4 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Recommendation to approve an Agreed Order for Supplemental Attorneys Fees in
connection with Parcels 720, 820A. 820B and 920 in the lawsuit styled Collier County v.
Elhanon Combs, et aI., Case No, 03-2352-CA (Golden Gate Parkway, Project #60027)
(Fiscal Impact: $4,200,00)
5/13/200890000 AM
Prepared By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
4114/2008 2:03:43 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4122/200811:00AM
Approved By
Lisa T ay lor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
4123/200811:47 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4123120081 :37 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4123120084:09 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County A ttorney Office
41281200811 :25 AM
Approved By
Kevin HendriCKS
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
4129/200810:02 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/1120087:23 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
511120082:54 PM
file://C:\AgendaTest\Export\ 1 07-Mav%20 13_%202008\ 16_ %20CONSENT%20AGENDA \ 16.., 5/7/2008
Page 2 of 2
l\genda Item No. 16K1
May 13, 2008
Page 5 of 5
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/6/2008 3 :27 PM
tile://C:IAgendaTestIExPOlill 07-Mav%20 13.%2020081 16.%20CONSENT%20AGENDA 116,.. 5/7/2008