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Agenda 01/29/2008 Item #16K 1 Agenda Item No. 16K1 January 29, 2008 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve an Agreed Ordcr for Payment of Expert Fees in connection with Parcel 134 in the lawsuit styled Collier County, Florida v. First National Bank of Naples, Inc., et al., Case No. 04-3587-CA (Immokalee Road Project No. 66042). (Fiscal Impact: $51,000.00) OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for Payment of Expert Fees in connection with Parcel 134 in the lawsuit styled Collier County, Florida v. First National Bank of Naples, Inc., et al., Case No. 04-3587-CA (Immokalee Road Project No. 66042). CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on December 17, 2004 and subsequently dcpositing funds into the Court Registry. The County and Respondent settled by Stipulated Final Judgment which was entered by Judge Ellis on December 13, 2007. Pursuant to ~73.09l, 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 inyoices for planning fees totaling $1,668.00; engineering fees totaling $14,982.50; business damage expert fees totaling $21,108.75; and appraisal fees totaling $24,310.00. Through negotiation, the parties have agreed to the following costs: . Planning Fees: · Engineering Fees: · Business Damage Expert Fees: . Appraisal Fees: $ 1,500.00 $12,000.00 $17,000.00 $20.500.00 TOTAL $51,000.00 Attached is the proposed Agreed Order providing for the above stated funds. FISCAL IMPACT: Funds in the amount of $51,000.00 will come from the Transportation 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: I . Approve the Agreed Order; and 2. Approve the expenditure and disbursement offunds as stated. PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney, Office of the County Attorney Agenda 11em No. 16K1 January 29, 2008 Page 2 of 7 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.: 04-3587-CA Petitioner, Parcel No.: 134 vs. FIRST NATIONAL BANK OF NAPLES, et at, Respondents. / AGREED ORDER A WARDING 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, B. F. FT. MYERS, INe. D/B/A WENDY'S OLD FASmONED HAMBURGERS RESTAURANTS (hereafter "Respondent"), by and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that: 1. Respondent shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twelve Thousand Dollars and No/lOO ($12,000.00) for engineering fees of Mesimer and Associates, Inc. 2. Respondent shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Seventeen Thousand Dollars and No/lOO ($17,000.00) for business damage expert of Morgenstern, Phifer & Messina, P.A. Agenda Item No. 16K1 January 29, 2008 Page 3 of7 3. Respondent shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Thousand Five Hundred Dollars and NollOO ($1,500.00) for planning fees of Engelhardt. Hammer and Associates, Inc. 4. Respondent shall receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty Thousand Five Hundred Dollars and No/I00 ($20,500.00) for appraisal fees of Calhoun, Collister & Parham, Inc. 5. 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 Fifty-One Thousand Dollars and No/I00 ($51,000.00) to the GAYLORD MERLIN LUDOVICl DIAZ & BAlN TRUST ACCOUNT. do Andrew G. Diaz, Esquire, Gaylord, Merlin, Ludovici, Diaz & Bain, 5001 West Cypress Street, Tampa, Florida 33607-3887 for proper disbursement. DONE AND ORDERED this _ day of , 2008 1I1 Naples, Collier County, Florida. CIRCUIT COURT JUDGE Conformed Copies to: Heidi Ashton-Cicko, Esquire Andrew G. Diaz, Esquire Bookkeeping Service List Agenda Item No. 16K1 January 29, 2008 Page 4 of7 JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order as to Parcel 134. Dated: Dated: @ HEIDI ASHTON-CICKO, ESQUIRE Florida Bar No.: 966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 Ea~t Tamiami Trail Naples, Florida 34112 (239) 252-8400 - Telephone (239) 252-6300 - Facsimile ATTORNEY FOR PETITIONER ANDREW G. DlAZ, ESQUIRE Florida BarNo.: 974196 GAYLORD MERLIN LUDOVICI DIAZ & DAIN 5001 West Cypress Street Tampa, FL 33607-3887 (813) 221-9000 - Telephone (813) 221-9030 - Facsimile A TIORNEY FOR RESPONDENT Agenda Item No. 16K1 January 29, 2008 Page 5 of 7 SERVICE LIST Collier County v. First National Bank of Naples, et al. crr GroupfEquipment Financing, Inc., c/o C T Corporation System, Registered Agent 1200 South Pine Island Road, Suite 250 Plantation, FL 33324 Fifth Third Bank, an Ohio banking corporation Address Unknown CVS, Successor to Eckerd Drug Corp. c/o Mark P. Buell, Esquire SCHROPP BUELL & ELLlGETT, P.A. 3003 W, Azeele St., Suite 100 Tampa, FL 33609 Board of the Collier County Water-Sewer Dist. aka Collier County Water-Sewer District clo Thomas C. Palmer, Assistant County Attorney Office of the County Attorney Harmon Turner Building VIA INTEROFFICE MAIL The Federal Savings and Loan Insurance Corporation as Receiyer for Sunrise Savings and Loan Association Address Unknown SUN-OP Greentree Centre Corp., a Florida corporation Address Unknown Florida Power & Light Company clo Brian R. Brattebo, Esquire Miriam C. Garcia, Paralegal 9250 W. Flagler Street Miami, FL 33174 Green Tree Owners' Association, Inc. c/o John C. Lukacs, Esquire 201 Sevilla Avenue, Suite 305 Coral Gables, FL 33134 AND John G. Vega, Esquire 201 8th Street South, Suite 207 Naples, FL 34102 United Telephone Company of Florida c/o Corporation Service Company, Reg. Agent 1201 Hays Street Tallahassee, FL 32301 GE Capital Franchise Finance Corporation c/o Barry D. Davidson, Esquire HUNTON &WILUAMS LLP Mellon Financial Center .1 I 11 Brickell Avenue, Suite 2500 Miami, FL 33131 Kevin Hendricks, ROW Acquisition Manager Collier County TransportationfECM 2885 South Horseshoe Drive Naples, FL 34104 Collier County Tax Collector c/o E. Glenn Tucker, Esquire RHODES TUCKER & GARRETSON POBox 887 Marco Island, FL 34146 Page] of2 Agenda Item No. 16K1 January 29, 2008 Page 6 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISStONERS Item Number: Item Summary: 16K1 Meeting Date: Recommendation to approve an Agreed Order for Payment of Expert Fees in connection with Parcel 134 in the lawsuit styled Collier County, Florida v. First National Bank of Naples, Inc., e1 aI., Case No 04-3587-CA (Immokalee Road Project No. 66042). (Fiscal Impact: $51,00000) 1/29/2008 90000 AM Prepared By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 1/10/20089;23;11 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1/14/20084;06 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 1/15/20088;38 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TEeM-ROW 1/15/20089;42 AM Approved By Lisa Taylor ManagemenUBudget Analyst Date Transportation Services Transportation Administration 1/15/200811:32 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1/15/200812:28 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1/17/200810;51 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 1/17/20084;13 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1/17/20084:48 PM file://C :IAgenda TestIExportI99-January%2029, %202008116. %20CONSENT%20AGENDA I... 1/23/2008 Page 2 of2 Agenda 11em No. 16K1 January 29, 2008 Page 7 of 7 Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/20/200811 :25 AM fi Ie:! IC :IAgenda T estlExportl99-J anuary%2029, %202008116. %20CONSENT%20AG ENDA I... 1/23/2008