Agenda 04/26/2011 Item #16K2
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4/26/2011 Item 16.K.2.
EXECUTIVES~RY
Recommendation to authorize a counteroffer of $25,000 to the business damage claim
made by 951 Petroleum Corp. for Parcels 109FEE2 and 109TCE2 in the lawsuit styled
Collier County v. A L Subs, Inc., et al., Case No. 10-3562-CA (Collier Boulevard Project
60092) (Fiscal Impact $25,000).
OBJECTIVE: That the Board of County COlmnissioners authorize approval of a cou.nteroff~
to the business damage claim relating to the taking of Parcels 109FEE2 and 109TCE2 in t1!l:jf
lawsuit styled Collier County v. A L Subs, Inc., et. a!., Case No.1 0-3562-CA (Collier Bou1~4
Project No. 60092).d
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CONSIDERATIONS: Collier County has condemned a 150 square feet fee simple taking and a
182 square feet temporary construction easement (Parcels 109FEE2 and 109TCE2) from
property owner A L Subs, Inc. The County acquired the subject parcels by condemnation on
November 16, 2010. The business owner is entitled to make a claim for business damages
pursuant to Section 73.015(2), Florida Statutes.
On January 19, 2011, business owner, 951 Petroleum Corp., presented a claim for business
damages in the amount of $807,000. The concerns raised by the business owner involve the
traffic conflicts to the delivery of fuel to the on-site fuel pumps and a reduction in on-site traffic
circulation. Pursuant to section 73.015(2)(d), F.8. the County has 120 days, or by May 10,2011,
to make a business damage counter-offer or the counter-offer is deemed to be zero. The owner's
claim was evaluated by the County's business damage expert who recommended a counteroffer
of$25,000. The proposed letter to business owner is attached as Exhibit "A".
Staff recommends a counteroffer in the amount of $25,000, exclusive of attorney's fees, expert
fees and costs. If approved, the County will be responsible for the following costs:
Business damages awarded:
TOTAL
$25.000
$25,000
The issue offull compensation for the taking ofland is still pending. Note that business damages
are statutorily authorized and not included in the definition of full compensation, which is a
constitutional right.
FISCAL IMP ACT: Funds in the amount of $25,000 are available in Gas Taxes and/or Road
Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney's Office
and is ready for Board action. This is a regular item requiring a simple majority vote. HFA
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4/26/2011 Item 16.K.2.
RECOMMENDATION: That the Board of County Commissioners authorize the making of
a counteroffer to the Business Damage claim of 951 Petroleum Corp. as to Parcels l09FEE2 and
109TCE2 and authorize payment of the funds as stated.
PREPARED BY: Heidi Ashton-Cicko, Assistant County Attorney
] 0-3562-CA/4644
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4/26/2011 Item 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.2.
Item Summary: Recommendation to authorize a counteroffer of $25,000 to the business
damage claim made by 951 Petroleum Corp. for Parcels 109FEE2 and 109TCE2 in the lawsuit
styled Collier County v. A L Subs, Inc., et al., Case No. 10-3562-CA (Collier Boulevard Project
60092) (Fiscal Impact $25,000).
Meeting Date: 4/26/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, County Attorney
4/11/2011 4:03:01 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering
Date: 4/11/2011 5:33:38 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 4/12/2011 2:41:45 PM
Name: TaylorLisa
Title: ManagementIBudget Analyst, Transportation Administr
Date:'4/13/2011 10:18:46 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 4/14/2011 6:36:56 AM
Name: AshtonJIeidi
Title: Section Chief/Land Use-Transportation, County Attor
Date: 4/19/2011 11:45:36 AM
Name: KlatzkowJeff
Title: County Attorney,
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4/26/2011 Item 16.K.2.
Date: 4/19/20111:55:49 PM
Name: UsherSusan
Title: ManagementIBudget Analyst, Senior,Office of Manage
Date: 4/19/2011 5:27:25 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/20/2011 8:34:47 AM
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4/26/2011 Item 16.K.2.
Office of the County Attorney
Jeffrey A. Klatzkow
, Deputy County Attorney. Scott R. Teach .
Section Chiefs. Heidi F. Ashton-Cicko. Jacqueline W. Hubbard" 'Board Certified City, County and l.ocal GovemmcnlLaw
Assistant County Attorneys' Colleen M. Greene Jennifer B. White Steven T. Williams .Jeff E. Wright
Via Certified Mail
(70000520001654509220)
April 26, 2011
951 Petroleum Corp.
c/o Charles R. Forman, Esquire
F orman, Hanratty, Thomas, et al.
1323 S.E. Third Ave.
Fort Lauderdale, Florida 33316
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Re: Collier County v. A.L. Subs, Inc., et al.
Case No.10-3562-CAlParcels l09FEE2/TCE2
Business Damage Counteroffer
Dear Mr. Forman:
Pursuant to Section 73.015(2)(d), Florida Statutes, Petitioner, Collier County, Florida,
hereby offers Respondent 951 Petroleum Corp., the sum of Twenty Five Thousand Dollars and
Noll 00 ($25,000) as payment in full for all 'business damages incurred as a result of the taking
which is subject of the above-referenced eminent domain suit.
Respectfully,
OFFICE OF THE COUNTY ATTORNEY
Heidi Ashton-Cicko
Assistant COlmty Attorney
EXHIBIT
JA
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lO-3562-CA/4645
3299 East Tamiami Trail, Suite 800 . Naples Florida 34112-5749 . (239) 252-8400 . FAX: (239) 252-6300
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