Agenda 02/09/2010 Item #16K1
Agenda Item No. 16K1
February 9, 2010
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to authorize a Stipulated Final Judgment awarding business damages in the
amount of $40,000 for Parcels 109FEE and 109TCE in the lawsuit styled Collier County v. A L
Subs, Inc., et aL, Case No. 09-3691-CA (Collier Boulevard Project 60092) (Fiscal Impact
$40,000).
OBJECTIVE: That the Board of County Commissioners authorize approval of the attached
Stipulated Final Judgment Awarding Business Damages for the taking of Parcels J09FEE and
J09TCE in the lawsuit styled Collier County v. A L Subs, Inc., et. al., Case No. 09-3691-CA
(Collier Boulevard Project No. 60092).
CONSIDERATIONS: Collier County has condemned .281 square feet for road right of way and a
temporary construction easement (Parcels J09FEE and J09TCE) from property owner/business
owner A L Subs, Inc. The County acquired the subject parcels by condemnation on December 16,
2009. The business owner is entitled to make a claim for business damages pursuant to Section
73.015(2), Florida Statutes. On March 24, 2009, business owner, A L Subs, Inc., presented a claim
for business damages in the amount of $868,000. The concerns raised by the business owner
involve the delivery of fuel to the on-site fuel pumps. The owner's claim was evaluated by the
County's business damage expert who recommended a counteroffer of $40,000. The owner
accepted the County's counteroffer.
Staff recommends settlement in the amount of $40,000, exclusive of attorney's fees, expert fees and
costs. If approved, the County will be responsible for the following costs:
Business damages awarded:
TOTAL
$40.000
$40,000
The issue of full compensation for the taking of land is still pending. Note that business damages
are statutorily authorized and not included in the defmition of full compensation, which is a
constitutional right.
FISCAL IMPACT: Funds in the amount of $40,000 are available in Gas Taxes and/or Impact
Fees.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
RECOMMENDATION: That the Board of County Commissioners authorize the Stipulated
Final Judgment Awarding Business Damages as to Parcels J09FEE and 109TCE and authorize
payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:09-3691-CA;3514
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K1
February 9, 2010
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K1
Recommendation to authorize a Stipulated Final Jud9ment awardin9 business damages in
the amount of $40,000 for Parcels 1 09FEE and 109TCE in the lawsuit styled Collier County
v. A L Subs. Inc.. et al., Case No. 09-3691-CA (Collier Boulevard Project 60092) (Fiscal
Impact $40,000).
2/9/20109:00:00 AM
Date
Prepared By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney
1/25/201012:09:35 PM
Date
Approved By
Najeh Ahmad
Transportation Division
Director - Transportation Engineering
Transportation Engineering &
Construction Management
1/25/201010:20 AM
Date
Approved By
Kevin Hendricks
Transportation Division
Manager - Right of Way
Transportation Engineering &
Construction Management
1/25/201012:19 PM
Date
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use-Transportation
County Attorney
1/26/20101:12 PM
Date
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator. Transportation
Transportation Administration
1/26/20103;38 PM
Date
Approved By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney
1/27/20104:57 PM
Date
Approved By
Therese Stanley
Transportation Division
Manager - Operations Support - Trans
Transportation Administration
1/28/20103:22 PM
Date
Approved By
Lisa Taylor
Transportation Division
ManagemenUBudget Analyst
Transportation Administration
1/29/20107:43 AM
Date
Approved By
Jeff Klatzkow
County Attorney
Agenda Item No. 16K1
February 9. 2010
Page 3 019
2/1/20108:25 AM
OMS Coordinator
Date
Approved By
County Manager's Office
Office of Management & Budget
2/1/20108:33 AM
Management/Budget Analyst, Senior
Date
Approved By
Susan Usher
Office of Management &
Budget
Office of Management & Budget
2/1/20106:46 PM
Approved By
Management/Budget Analyst, Senior
Date
Mark Isackson
Office of Management &
Budget
Office of Management & Budget
2/2/20109:17 AM
j
Agenda Item No. 16K1
Fg9r' [.ey 9 ?n1n
Page 4 of9
IN THE CIRCUIT COURT OF THE TWENTIETH JUDlCIAL CIRCUIT
IN AND FOR COLLffiR COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political subdivision
of the State of Florida,
Petitioner
CASE NO. 09-3691-CA
Parcels: 109FEE,109TCE
vs.
A L. SUBS. INC., et al.,
Respondents.
J
STIPULATED FINAL JUDGMENT
AWARDING BUSINESS DAMANGES
THIS CAUSE having come on for consideration upon the Joint Motion for entry of
a Stiuplated Final Judgment A warding Business Damages, made by Petitioner, COLLIER
COUNTY, and Respondent, AL. SUBS, INC., and in accordance with the offer from
Petitioner, COLLffiR COUNTY, dated June 12,2009, to settle the business dama.ge claim
of A. L. SUBS, INC., and the acceptance by Respondent, A L. SUBS, INC., dated July 8,
2009, copies of which are attached here to and incorporated herein as Composite Exhibit
"A", and the Court being fully advised in the premises. now therefore it is,
ORDERED AND ADJUDGED
A The Motion for Entry of this Stipulated Final Judgment Awarding Business
Damages is approved and incorporated by reference in this Order.
B. Respondent, A.L. SUBS, INC, does have and recover of and from the
Petitioner, COLLIER COUNTY, the sum of FOR TYTHOUSAND AND 00/100 DOLLARS
Agenda Item No. 16K1
February 9. 2010
Page 5 of 9
($40,000.00) in full payment for Respondent's business damage claim.
C. Respondent, AL. SUBS, INC., is entitled to recover attorney's fees and pre-
suit costs, including reasonable expert witness fees, incurred in preparation of its business
damage claim.
D. Within thirty (30) days of the date of receipt of a conformed copy of this
Stipulated Final Judgment Awarding Business Damages, the Petitioner, COLLIER
COUNTY, shall promptly pay the sum of FORTY THOUSAND AND NOli 00 DOLLARS
($40,000.00), to FORMAN, HANRATTY & MONTGOMERY TRUST ACCOUNT,
attorneys for Respondent, and forward said payment by U.S. Mail to Forman, Hanratty &
Montgomery. 723 E. Fort King Street, Ocala, Florida 34471. for proper distribution to
Respondent A.L. SUBS, Inc.
E. This Court shall retainjurisdiction over this cause for determination ofall other
issues in this case, including the determination of attorney's fees and pre-suit costs of
Respondent, A. L. SUBS, INC., and to enforce the terms of this Stipulated Final Judgment
Awarding Business Damages.
DONE and ORDERED in chambers. in Naples. Collier County, Florida, on this_
day of
,2009.
CYNTHIA A. PIV ACEK
CIRCUIT COURT JUDGE
Copies furnished counsel of record
t
Agenda Item No. 16K1
February 9, 2010
Page 6 of 9
JOINT MOTION FOR ENTRY OF STIPULATED
FINAL JUDGMENT A WARblNG BUSINESS DAMAGES
Petitioner, COLLIER COUNTY. and Respondent, A. L, SUBS, INC., by and through
their undersigned attorneys respectfully move torthe entry of the foregoing Stipulated Final
COLLIER COUNTY
Judgment Awarding Business Damages on this _ day of December. 2009,
~ -r" Heidi F. Ashton-Cicko, Esq.
Florida Bar No. 966770
Section Chief, Assistant County Arty
Office of the County Attorney
Hannon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
Telephone: (239) 252~8400
Facsimile: (239) 252-6300
Attorney for Petitioner
FORMAN HANRATIY & MONTGOMERY
~.<~(L ~
C. es R. Fannan, Esq, ~
Florida Bar No. 2293253
1323 SE 3'" Avenue
Fort Lauderdale, FL 33316
Telephone: (954) 522-9441
Facsimile: (954-522-2076
Attorney for Respondent, A. L. Subs, Inc,
Agenda Item No. 16K1
February 9,2010
Page 7 of 9
COMPOSITE EXHIBIT "A"
l
07/16/2009 04: 39
9545:;' '6
FORi'W1
Agenda Item No. 16K1
February 9, 2010
Page 8 of9
PAGE 02/ e4
Office of the County Attorney
$IfCI/DII audiI
Held,.. ;\shlo..cicko'
J:vqucllne W. Hublwd'
On-<<! Certified CItr. CO'l~
:'Ind~I('~lil.1l.vr
~CoaDC1A"""'"
CoUeen M. Greene
Jennifer B. \.Vhitc
~t"""nT.Willi"",
Jcfl'[..Wri,;ht
Robert N. 7..aohl1ry
DeF/rCooarq- -
S<ot1l\. T=h
Jefi'nly A. Klatzkaw
CountY Attorney
JUIle ] 2, 2009
Charl=. R. Fonnan, Esquitt
Fonnan, HanJ:1l1!Y &. Montgomery
200 East BroWllrd Boulc:varo, Suitc ] 500
Fort Lauderdale, Florida 33302
Vaoessa Thomas, &quire
Forman Hanmtty & Montgomery
723 East Fort Xing Streot
Ocala,Florida 34471-2233
Re: Collier County v. A L Subs. Inc., et ai, Case No. 09-3691-CA
Parcell09FEE & 109TCE - A L Subs, Inc. . Business Damage Counteroffer
Dear Mr. Fonnan and Ms. Thomas:
Pursuant to Section 73.015(2)(d), Florido Statute.., Petitioner, Collier County, Florida, h=reby
offers Respondent, A L Subs, Inc., the sum of Forty Thousand Dollars and No/lOO ($40,000.00) as
pa)ment in full for all busin= damages incurred as a result of the taking which is the subject of the
above-referenced =minent domain suit.
Sincr:rely,
~.--/
Assistant County Attorney
09.369I.cA1l19
3301 East ramiami Trail- Naples, Florida 34112-4902 - Ph"". (239) 2;2-11400 - F""simne (239) 2$2-6300
Agenda [tern No. 16K1
February 9. 2010
Page 9 of 9
..IKMAN, HANRAlTY & MONTGOMERY
CHAi\.U:.'i 8.. JO\{MAN
JQSEPtt M. tv.NAA!Tf
MIOlAIll. 8. MONllJ<JMERY',
V^NE..~ TI-l.OM^-'l;~
ATTORNEYS AT l.AW
July 8, 2008
Reply to: Fort Laudenlale
......-.-w............
tl-..6..,io_"~
"Of""'"
Yia fax t(}: 239-252-630Q
Robert N. Zachary, Esq.
Office of the County Attorney
3301 E. Tamiami Trail
Naples, FL 34112-4902
Re: CollierC(}unly v. A. L. Subs, Inc., et ai, Case No. 09-3691-CA
Parcels 109FEB and 109TCE - A. L. Subs, Inc. Business Damage Claim
Dear Mr. Zachary:
I am writing to advise that my client, A.L. Subs, Inc., accepts your June 12th offer ofS40,OOO
for all business damages incurred as a result oIthe taking oIParcels I09FEE and I09TCE.
A copy of your Juoe 12"' correspondence is attached. Please advise if you wish me Lo prepare
a Stipulated Partial Final Judgement as to business damages or if yo II will be preparing it.
Yours trUly,
c~~1~
CRF/el
Ene.
cc: Art Lennox
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