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Agenda 04/08/2008 Item #16K 4 Agenda Item No. 16K4 April 8, 2008 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Approve the Proposed Joint Motion for an Agreed Order Awarding Costs Relating to Parcel 183RDUE in the Collier County v. Jorge B. Echezarraga, et al., Case No. 07-3278-CA, Oil Well Road Project #60044. (Fiscal Impact: $5,350.00). OBJECTIVE: That the Board of County Commissioners approve the proposed Joint Motion for the entry of an Agreed Order awarding expert engineering fees and costs in the amount of $5,350.00 resulting from the condemnation of Parcel ] 83 RD UE in Collier County v. Jorge B. Echezarraga, et al., Case No. 07-3278-CA. CONSIDERATIONS: On December 11, 2007, the Board of County Commissioners approved a Stipulated Order of Taking and Final Judgment for the payment of full compensation for the acquisition of Parcel 1 83RDUE, which was owned by Respondent, Jorge B. and Milaidis Echezarraga. 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. As part of the costs incurred in their defense, counsel for the property owner has submitted an invoice from Professional Engineering Resources, Inc. (PEER) for engineering services in the amount of $9,394.67. As a result of negotiation, the parties have agreed to $5.350.00. If approved, the County will pay the following costs: . Engineering Fees and Costs TOTAL: S5.350.00 $5.350.00 Attached is the proposed Joint Motion for Agreed Order. FISCAL IMPACT: Funds in the amowlt of $5,350.00 are available in Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Joint Motion for Agreed Order for engineering fees; and 2. Approve the expenditure of funds as stated. PREPARED BY: Attorney Ellen T. Chadwell, Assistant County Attorney, Office of the County Page I of2 Agenda Item No. 16K4 April 8, 2008 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K4 Meeting Date: Recommendation that the Board of County Commissioners Approve the Proposed Joint Motion for an Agreed Order Awarding Costs Relating to Parcel 183RDUE in the CoJIier County v. Jorge B. Echezarraga, et aI., Case No. 07-3278-CA, Oil Well Road Project #60044. (Fiscallmpacl $5.350.00) 4/8/200890000 AM Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 3/20/20084:21:53 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM-ROW 3124/2008 5:38 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 3/25/2008 7:57 AM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 3/25/200810:05 AM Approved By Norm E. Feder, Ale? Transportation Division Administrator Date Transportation Services Transportation Services Admin. 3/25/200810:48 AM Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 3/25/20085:12 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 3/26/2008 2:05 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 3/26/20084:35 PM Approved By OMS Coordinator Applications Analyst I,.IcHtl Administrative Services Information Technology 3/27/20082:18 PM file://C:\AgendaTest\Exoort\ 1 04-Aoril%208.%202008\ 16.%20CONSENT%20AGENDA \16... 4/2/2008 Page 20f2 ,t,genda llem ~~o. 16f<4 ('.pri: 8, 2003 Page 3 of 5 Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 3/28/2008 9:07 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 3/29/20084:45 PM file://C:\AgendaTest\Exoort\ 1 04-Aoril%208.%202008\ 16.%20CONSENT%20AGENDA \ 16." 4/2/2008 Agenda Item No. 16K4 April 8, 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 Petitioner, v. Case No. 07-3278-CA JORGE B. ECHEZARRAGA, et aI., Parcel(s): 183RDUE Respondents. / AGREED ORDER AWARDING COSTS THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, JORGE B. and MILAIDIS ECHEZARRAGA, by and through their undersigned counsel, for entry of an Agreed Order Awarding Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that: I. Respondents, JORGE B. and MILAIDIS ECHEZARRAGA, shall recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Five Thousand Three Hundred Fifty and No/tOO Dollars ($5,350.00) for engineering fees with respect to Parcel 183RDUE. 2. Petitioner, COLLIER COUNTY, shall pay this sum within thirty (30) days from the date of this Order to PEER, Inc., 646 94th Avenue North, St. Petersburg, Florida 33702-2463 for these fees. DONE AND ORDERED in Naples, Collier County, Florida, this day of ,2008. Circuit Court Judge Conformed copies to: Ellen T. Chadwell, Esquire Bella Y. Patel, Esquire Kevin Hendricks, Transportation Dept. Accounting ..0..genda ltf.;m t'~o. 16K4 !',pril 8, 2008 Page 5 of 5 JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order A warding Expert Fees. Dated: Bella y, Patel, Esquire Florida Bar No.: 13026 Waterford Run Drive Riverview, FL 33569 (813) 643-2762- Phone (813) 643-2612- Facsimile A TTOR.1\fEY FOR RESPONDENT: JORGE B. ECHEZARRAGA Dated: Ellen T. Chadwell~~ Assistant County tto ey Florida Bar No.: 98 60 3301 East Tamiami 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 furnished by U.S. Mail to the parties listed below on this _ day of ,2008. Jorge B. Echczarraga Milaidis Echezarraga c/o Bella Y. Patel, Esq. Law Office of Bella Y. Patel, P.A. 13026 Waterford Run Drive Riverview, FL 33569 07-3278-CAl655 ELLEN T. CHADWELL, ESQ.