Agenda 09/26/2017 Item #16K 509/26/2017
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Order settling all statutory attorney and expert fees and
costs in the amount of $10,250 to Walgreens, Co., 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/CR 951
Intersection Improvement Project, Project No. 60116 (Fiscal Impact: $10,250).
OBJECTIVE: To approve the settlement of statutory attorney and expert fees incurred by Walgreen,
Co., (Walgreens) for the taking of parcels in the case styled Collier County v. Lowe’s Home Center, Inc.,
et al., Case No. 13-CA-0142 which were required for intersection improvements at US 41 and CR 951,
Project No. 60116, 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 to build improvements to the intersection at Collier Boulevard (CR 951)
and US 41. Walgreens is a tenant of the Lowe’s shopping plaza on the Southwest corner of US 41 and
CR 951 and maintains access easements over the parking lot from which parcels were taken for the
Project. Pursuant to Sections 73.091 and 73.092, Florida Statutes, the County is obligated to pay
attorney’s fees and reasonable costs incurred in the defense of the proceedings, including the cost of
experts hired to analyze potential damages.
Walgreens agreed to waive all compensation and business damage claims if the County agreed their
attorney’s fees and expert costs. Walgreens submitted invoices totaling $16,094.20. The parties agreed to
the negotiated amount of $10,250 resolving all claims from Walgreens, including all attorney and expert
fees and costs.
The County Attorney’s Office and Transportation Staff recommend approval of this settlement since a
better result is not anticipated through a hearing on fees and costs.
FISCAL IMPACT: Funds in the amount of $10,250 are available in Project No. 60116. Source of
funds are impact fees. There are no on-going maintenance or repair costs associated with the acquisition
of right-of-way for the project.
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.
RECOMMENDATION: To approve a Stipulated Order for statutory attorney and expert fees in the
amount of $10,250 incurred by Walgreens, Co., 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 CR 951, Project No. 60116.
Prepared by: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Stipulated Order (PDF)
16.K.5
Packet Pg. 3141
09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 3680
Item Summary: Recommendation to approve a Stipulated Order settling all statutory attorney and
expert fees and costs in the amount of $10,250 to Walgreen, Co., 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: $10,250).
Meeting Date: 09/26/2017
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
08/24/2017 9:10 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
08/24/2017 9:10 AM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 08/24/2017 9:19 AM
Growth Management Department James French Additional Reviewer Skipped 08/24/2017 4:14 PM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 08/24/2017 4:23 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/25/2017 7:56 AM
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 08/25/2017 10:13 AM
Growth Management Department Diane Lynch Department Head Review Skipped 08/24/2017 4:18 PM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 08/28/2017 1:44 PM
Growth Management Department James French Deputy Department Head Review Completed 08/28/2017 5:42 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2017 8:57 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/29/2017 9:30 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/29/2017 12:15 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/29/2017 2:30 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.K.5
Packet Pg. 3142
16.K.5.a
Packet Pg. 3143 Attachment: Proposed Stipulated Order (3680 : Stipulated Order - $10,250 - Collier County v Lowe's - Walgreen - 13-CA-0142 - project 60116)
[13-0142-CA/1359956/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Stipulated
Order was electronically filed with the Florida Courts E-Filing Portal which will send a notice of
electronic filing to parties appearing via electronically, and by U.S. mail to parties as indicated
on the Service List below on this _____ day of August, 2017.
By: ____________________________
EMILY R. PEPIN, ESQ.
SERVICE LIST
COLLIER COUNTY, FLORIDA v. LOWE’S HOME CENTERS, INC., et al.
Case No. 13-CA-0142
LOWE’S HOME CENTERS, INC.
c/o Ken Garber, Esq.
Mateer & Harbert PA
kgarber@mateerharbert.com
WALGREEN CO.
c/o Suzanne M. Driscoll, Esq.
Shutts & Bowen LLP
sdriscoll@shutts.com
GULF COAST DONUTS, LLC, d/b/a Dunkin’ Donuts
c/o Kenneth A. Jones, Esq.
Roetzel & Andress, LPA
kjones@ralaw.com
serve.kjones@ralaw.com
RED NAPLES HOLDINGS V, LLC
c/o Kenneth A. Jones, Esq.
kjones@ralaw.com
serve.kjones@ralaw.com
KRG EAGLE CREEK III, LLC
c/o Richard D. Yovanovich, Esq.
Coleman, Yovanovich & Koester, P.A.
ryovanovich@cyklawfirm.com
TJS NAPLES, LLC
c/o Theodore Schmidt, as Registered Agent
9S175 Drew Avenue
Burr Ridge, Illinois 30527
Jay J. Bartlett, Esq.
Jeffrey L. Hinds, Esq.
Smolker Bartlett Loeb Hinds
& Sheppard, P.A.
JayB@smolkerbartlett.com
JeffreyH@smolkerbartlett.com
CO-COUNSEL FOR PETITIONER COLLIER COUNTY, FLORIDA
16.K.5.a
Packet Pg. 3144 Attachment: Proposed Stipulated Order (3680 : Stipulated Order - $10,250 - Collier County v Lowe's - Walgreen - 13-CA-0142 - project 60116)
[13-0142-CA/1359956/1]
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,
Petitioner,
vs.
LOWE’S HOME CENTER, INC., a North Carolina
corporation; RED NAPLES HOLDINGS V., LLC, a
Florida limited liability company; KRG EAGLE
CREEK III, LLC, an Indiana limited liability
company; TJS NAPLES, LLC, a Florida limited
liability company; BARRON COLLIER
RESOURCES, LLLP, a Florida limited liability
limited partnership; COLLIER LAND AND
CATTLE CORPORATION, a Florida corporation;
WALGREEN CO., an Illinois corporation; 7-
ELEVEN, INC., a Texas corporation; FLORIDA
POWER & LIGHT COMPANY; GULF COAST
DONUTS, LLC, a Florida limited liability company,
d/b/a Dunkin’ Donuts; LARRY H. RAY, as Collier
County Tax Collector,
Respondents.
____________________________________________/
Case No.: 2013-CA-0142
PARCELS: 104TCE; 105FEE1;
105FEE2; 105FEE3;
105TCE1; 105TCE2;
105TCE3; 105TCE4;
105SWE; 107FEE;
107TCE1; 107TCE2;
109FEE; 109SWE1;
109SWE2; and
109TCE
STIPULATED ORDER FOR RESPONDENT WALGREEN, CO.’S ATTORNEY AND
EXPERT FEES AND COSTS
THIS CAUSE having come before the Court upon the Joint Motion made by Petitioner,
COLLIER COUNTY, and by Respondent, WALGREEN, CO., by and through their respective
Exhibit “1” to Joint Motion for Stipulated Order
16.K.5.a
Packet Pg. 3145 Attachment: Proposed Stipulated Order (3680 : Stipulated Order - $10,250 - Collier County v Lowe's - Walgreen - 13-CA-0142 - project 60116)
[13-0142-CA/1359956/1]
counsel, for entry of this Stipulated Order for attorney and expert fees and costs as to all Parcels
in this action, for Project 60116, and it appearing to the Court that the parties are authorized to
make such Motion, and the Court being fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that:
1. Respondent, WALGREEN, CO., shall take nothing of the condemnation proceeds.
2. Petitioner, COLLIER COUNTY, FLORIDA, will pay a total sum of Ten Thousand
Two Hundred Fifty and 00/100 Dollars ($10,250.00) in full settlement of all claims for
attorney and expert fees and costs by Respondent WALGREEN, CO., relating to the taking of all
Parcels in this action.
3. Within thirty (30) days of entry of this Stipulated Order, Petitioner COLLIER
COUNTY, FLORIDA, shall pay the total sum of Ten Thousand Two Hundred Fifty and
00/100 Dollars ($10,250.00), to Shutts & Bowen, LLP Trust Account, c/o Suzanne M. Driscoll,
Esq., 200 East Broward Blvd., Suite 2100, Fort Lauderdale, FL 33301.
4. Upon Petitioner’s payment of the monies provided in this Stipulated Order,
Respondent, WALGREEN, CO., shall not be entitled to and shall not seek any additional
compensation or monies from Petitioner pertaining to this action.
IT IS THEREFORE, DONE AND ORDERED in Chambers at Naples, Collier County,
Florida, this ____ day of _______________, 2017.
____________________________________
THE HONORABLE JAMES R. SHENKO
Circuit Court Judge
Conformed Copies to:
Emily R. Pepin, Esq., CO-COUNSEL FOR PETITIONER, emilypepin@colliergov.net
LOWE’S HOME CENTERS, INC.
c/o Ken Garber, Esq.
Mateer & Harbert PA
kgarber@mateerharbert.com
Exhibit “1” to Joint Motion for Stipulated Order
16.K.5.a
Packet Pg. 3146 Attachment: Proposed Stipulated Order (3680 : Stipulated Order - $10,250 - Collier County v Lowe's - Walgreen - 13-CA-0142 - project 60116)
[13-0142-CA/1359956/1]
WALGREEN CO.
c/o Suzanne M. Driscoll, Esq.
Shutts & Bowen LLP
sdriscoll@shutts.com
GULF COAST DONUTS, LLC, d/b/a Dunkin’ Donuts
c/o Kenneth A. Jones, Esq.
Roetzel & Andress, LPA
kjones@ralaw.com
serve.kjones@ralaw.com
RED NAPLES HOLDINGS V, LLC
c/o Kenneth A. Jones, Esq.
kjones@ralaw.com
serve.kjones@ralaw.com
KRG EAGLE CREEK III, LLC
c/o Richard D. Yovanovich, Esq.
Coleman, Yovanovich & Koester, P.A.
ryovanovich@cyklawfirm.com
TJS NAPLES, LLC
c/o Theodore Schmidt, as Registered Agent
9S175 Drew Avenue
Burr Ridge, Illinois 30527
Jay J. Bartlett, Esq.
Jeffrey L. Hinds, Esq.
Smolker Bartlett Loeb Hinds
& Sheppard, P.A.
JayB@smolkerbartlett.com
JeffreyH@smolkerbartlett.com
CO-COUNSEL FOR PETITIONER COLLIER COUNTY, FLORIDA
Exhibit “1” to Joint Motion for Stipulated Order
16.K.5.a
Packet Pg. 3147 Attachment: Proposed Stipulated Order (3680 : Stipulated Order - $10,250 - Collier County v Lowe's - Walgreen - 13-CA-0142 - project 60116)