Agenda 04/08/2008 Item #16K 5
Agenda Item No. 16K5
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 169RDUE in the Collier
County v. Jose Munoz, et al., Case No. 07-2823-CA, Oil Well Road Project #60044. (Fiscal
Impact: $4,050.00).
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 $4,050.00
resulting from the condemnation of Parcel 1 69RDUE in Collier County v. Jose Munoz, et al., Case
No. 07-2823-CA.
CONSIDERATIONS: On December II, 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 69RDUE, which was owned by Respondent, Jose Munoz. 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 $6,740.98. As a result of
negotiation, the parties have agreed to $4,050.00.
If approved, the County will pay the following costs:
· Engineering Fees and Costs
TOTAL:
$4.050.00
$4,050.00
Attached is the proposed Joint Motion for Agreed Order.
FISCAL IMPACT: Funds in the amount of $4,050.00 are available in Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
I. 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 1 of2
Agenda Item No. 16K5
April 8, 2008
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K5
Meeting Date:
Recommendation that the Board of County Commissioners Approve the Proposed Joint
Motion for an Agreed Order Awarding Costs Relating to Parcel 169RDUE in the Collier
County v. Jose Munoz. et aI" Case No. 07~2823-CA, Oil Well Road Project #60044. (Fiscal
Impact: $4,050 00)
4/8/2008900:00 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/20/20084:27:48 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
3/24/20085:36 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
3/25/200810:13 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3/25/200810:49 AM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/25/20085:13 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
3/26/20082:47 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/26/20084:35 PM
Approved By
OM8 Coordinator
Appiications Anaiyst
Date
Administrative Services
Information Technology
3/27/20082:21 PM
tile://C:\AQ'endaTest\Exnort\ 1 04-Anril%208.%202008\ 1 ti.%20CONSENT%20AGENDA \ 1 ti
4/2/2008
Page 2 of 2
/\o9nda item ~~J. i 6KS
- Apri18,2008
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Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/2812008 9:21 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/29120084:48 PM
file://C:\A!ZendaTest\Exnort\ 1 04-Anril%208.%202008\ 16.%20CONSENT%20AGENDA \ 16... 4/2/2008
1
Agenda Item No. 16K5
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. 07-2823-CA
JOSE MUNOZ, et al.,
Parcel 169RDUE
Respondents.
/
AGREED ORDER AWARDING COSTS
THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner,
COLLIER COUNTY, FLORIDA, and Respondent, JOSE MUNOZ, 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:
1. Respondent, JOSE MUNOZ, shall recover from Petitioner, COLLIER COUNTY,
FLORIDA, the total sum of Four Thousand Fifty and No/tOO Dollars ($4,050.00) with respect
to Parcel I 69RDUE for engineering fees.
2. Petitioner, COLLIER COUNTY, shall pay this sum within thirty (30) days from
the date of this Order to PEER,lnc., 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
.'\oenda item ~'>j;J. 16K5
" Ap~8, 2003
Page 5 of 5
Conformed copies to:
Ellen T. Chadwell, Esquire
Bella Y. Patel, Esquire
Kevin Hendricks, Transportation Dept.
Accounting
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order Awarding Expert Fees.
Dated:
Dated:
Ellen T. Chadwell e
Assistant County.N. rney
Florida Bar No.: 983860
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
(239) 252-8400 - Phone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIO"lER
Bella Y. Patel, Esquire
Florida Bar No.:
13026 Waterford Run Drive
Riverview, FL 33569
(813) 643-2762- Phone
(813) 643-2612- Facsimile
ATTORNEY FOR RESPONDENT: BANK
OF AMERICA, N.A.
CERTIFICATE OF SERVICE
1 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.
ELLEN T. CHADWELL, ESQ.
PARCEL 169RDUE
lose L. Munoz
c/o Bella y, Patel, Esq.
Law Office of Bella Y. Patel. P.A.
13026 Waterford Run Drive
Riverview, FL 33569
07-2823-CN1957