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Last modified
3/2/2021 10:40:52 AM
Creation date
5/12/2020 12:11:07 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/05/2020
Control Number
2020-093
Agenda Item Number
13.B.
Entity Name
Gene Perry & the Estate of Helen Johnson
Kenneth Johnson
Subject
Agreement to Purchase and sell Real Estate for 45th Street / US 1 Intersection Improvements
2390 45th Street
Warranty Deed, Owner's Policy of Title Insurance, Closing Statement
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Perry/Johnson 45th Street/US 1 <br />April 30, 2020 <br />Page 14 <br />co-owners incurred appraisal costs of $6,605.00 and engineering costs of $1,950.00 in <br />engineering fees. Due to the size of the parcel and its rather low value, Florida Statutes <br />allows for an attorney to charge an hourly fee for his work rather than the usual <br />percentage of the benefit derived for the client. Mr. Neill is seeking $13,650 in fees and <br />costs based on 40.3 hours of work performed by himself and his associate, Mr. Osking. <br />The attorney's fees have been reduced by almost $5,000. Mr. Holloman is asking for <br />$3,750 for his 12.5 hours of time spent representing the Estate. The Agreement for <br />Purchase and Sale of Real Estate is attached to this memorandum as Exhibit A. The <br />total cost of this acquisition to the County is $31,455. Continued negotiation of this matter <br />is not recommended by the County Attorney's Office as the attorneys and expert witness <br />fees will continue to increase without a corresponding benefit to the County. <br />The County Administrator does not support the attorney's fees and costs charged by Mr. <br />Neil and Mr. Osking due to the fact that they far exceed the amount of the purchase and <br />that they seem excessive relative to the amount of work necessitated by the purchase in <br />his opinion. <br />Funding: Funding for this expenditure is budgeted and available from Optional Sales <br />Tax/ROW/45th Street/left Turn Lane at US 1; Account # 31521441-066120-13013. <br />Recommendation: Staff recommends the Board approve the purchase and sale for the <br />right-of-way from Gene Perry and the Estate at a price of $31,455, inclusive of all fees <br />and costs and authorize the Chairman to execute any documents necessary to close the <br />purchase of the property. <br />Copies to: Richard Neill, Esq. Attorney for Gene Perry <br />Charles Holloman, Esq., Attorney for the Estate <br />
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