Agenda 03/13/2018 Item #16K603/13/2018
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Order settling all statutory attorney and expert fees and
costs to Gulf Coast Donuts, LLC incurred in the taking of parcels in the case styled Collier County
v. Lowe’s Home Center Inc., et al., Case No. 13-CA-0142, for the US 41/C.R. 951 Intersection
Improvement Project No. 60116 (Fiscal Impact: $37,000).
OBJECTIVE: To approve the settlement of statutory attorney and expert fees incurred by Gulf Coast
Donuts, LLC, (“Dunkin’ Donuts”), for the taking of parcels in the case styled Collier County v. Lowe’s
Home Center, Inc., et al., Case No. 13-CA-0142, required for intersection improvements at US 41 and
C.R. 951, hereinafter referred to as the “Project.”
CONSIDERATIONS: The case Collier County v. Lowe’s Home Center, Inc., et al., Case No. 13-CA-
0142, was filed to acquire land in eminent domain to build improvements to the intersection at US 41,
(Tamiami Trail East), and C.R. 951, (Collier Boulevard). Gulf Coast Donuts, LLC is a franchisee of
Dunkin’ Donuts and maintains a lease over property within the Lowe’s shopping plaza on the southwest
corner of US 41 and C.R. 951. Several Parcels (Parcels 107FEE, 107TCE1, and 107TCE2) were taken
from the property Dunkin’ Donuts leases, and some of Dunkin’ Donuts’ improvements were within the
area taken. Dunkin’ Donuts was eventually awarded funds from the settlement with the landowner for the
relocation of its sign. Dunkin’ Donuts agreed to no additional compensation over the amount they
received in apportionment, but filed a motion for attorney fees and scheduled a special set hearing on
March 26, 2018. Dunkin’ Donuts claims $44,284 in attorney and expert fees and costs, not including the
time spent at the hearing.
Dunkin’ Donuts’ claim includes the time spent in apportionment proceedings, as well as expert and
attorney time spent resolving a drainage problem that the tenant and landowners claimed was the result of
the County’s Project. While the County disputed the drainage claims, the County agreed to redesign the
drainage to the satisfaction of all the parties. Pursuant to Sections 73.091 and 73.092, Florida Statutes,
since a tenant holds a proprietary interest in the land it is leasing, the County is obligated to pay attorney
fees and reasonable costs incurred for apportionment and in defense of any claims of damages, including
the cost of experts hired to analyze potential damages.
Through negotiations, the parties agreed to the amount of $37,000 for all attorney and expert fees and
costs, a reduction of $7,824 from their pending claim. Upon Board approval, the County Attorney’s
Office, (“CAO”), will file the attached proposed Stipulated Order with the Court.
The CAO and Transportation Staff recommend approval of the proposed Stipulated Order as a better
result is not anticipated at the March 26, 2018 special set hearing, since the hiring of experts to testify as
to the reasonableness of the fee and the liability from the drainage issue could approach or exceed the
amount of the settlement alone.
FISCAL IMPACT: Funds in the amount of $37,000 are available in the Transportation Capital
Intersection Improvement Project No. 60116. Source of funds are impact fees.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
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03/13/2018
RECOMMENDATION: To approve a Stipulated Order for statutory attorney and expert fees in the
amount of $37,000 incurred by Gulf Coast Donuts, LLC, for the taking of parcels in the case styled
Collier County v. Lowe’s Home Center, Inc., et al., Case No. 13-CA-0142, required for intersection
improvements at US 41 and C.R. 951, Project No. 60116.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Stipulated Order (PDF)
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03/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6
Doc ID: 4977
Item Summary: Recommendation to approve a Stipulated Order settling all statutory attorney and
expert fees and costs to Gulf Coast Donuts, LLC, incurred in the taking of parcels in the case styled
Collier County v. Lowe’s Home Center Inc., et al., Case No. 13-CA-0142, for the US 41/C.R. 951
Intersection Improvement Project, Project No. 60116 (Fiscal Impact: $37,000).
Meeting Date: 03/13/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
02/28/2018 3:53 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
02/28/2018 3:53 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/01/2018 7:46 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/01/2018 11:09 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 03/01/2018 11:12 AM
Growth Management Department Gene Shue Additional Reviewer Completed 03/01/2018 11:28 AM
Growth Management Department Lisa Taylor Additional Reviewer Completed 03/01/2018 12:03 PM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 03/01/2018 1:45 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/01/2018 1:53 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 03/01/2018 2:58 PM
Growth Management Department James French Deputy Department Head Review Skipped 03/01/2018 3:14 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/02/2018 10:27 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/02/2018 11:46 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 03/05/2018 1:16 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/06/2018 11:18 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM
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Packet Pg. 1079 Attachment: Proposed Stipulated Order (4977 : Stipulated Order - $37,000 - Gulf Coast Donuts - project 60116 - 13-CA-0142)
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Packet Pg. 1080 Attachment: Proposed Stipulated Order (4977 : Stipulated Order - $37,000 - Gulf Coast Donuts - project 60116 - 13-CA-0142)
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Packet Pg. 1081 Attachment: Proposed Stipulated Order (4977 : Stipulated Order - $37,000 - Gulf Coast Donuts - project 60116 - 13-CA-0142)