Agenda 05/13/2013 Item #16E 95/14/2013 16.E.9.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners, against the Kirk Family Trust, which contains as
its res, 3 Las Brisas Way, Naples, Florida, c/o Allen Kirk, Trustee, and Kathleen Corbett
Kirk, Trustee, and the Las Brisas Neighborhood Association, Inc., in the Circuit Court of
the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages to
the County's main gravity line, at the location of the property, in the amount of $37,987.95,
plus the costs of suit.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file
a lawsuit in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida
against the Kirk Family Trust, which contains as its res, 3 Las Brisas Way, Naples, Florida, c/o
Allen Kirk, Trustee, and Kathleen Corbett Kirk, Trustee, and the Las Brisas Neighborhood
Association, Inc., to recover damages to the County's main gravity line, at the location of the
property, in the amount of $37,987.95, plus the costs of suit.
CONSIDERATIONS: In February 2012 a sinkhole occurred in front of 3 Las Brisas Way,
Naples, Florida. The Las Brisas Neighborhood Association, Inc. hired a landscaper to repair and
re- landscape the area. An oak tree was placed in the front right -side of the yard, above the clean -
out, between the home's lateral line and the lateral line coming from the clean -out to the
County's main gravity line. On March 25, 2012, a sewage back -up occurred at the property, and
the homeowner called a plumber to perform the repairs. The plumber said there was damage to
the lateral line coming from the home. On August 22, 2012, a second sinkhole developed and
the homeowner again called a plumber for repairs. The homeowner was told the lateral line from
the home was damaged. Landscaping was again repaired. On September 21, 2012, the sewage
backed up again. The County was called for the first time, responded, and found that its main
gravity line had been filled with sand and dirt, caused by the home's damaged lateral line, which
affected the County's entire gravity line in the area. County employees noticed there were
landscapers digging at the site and observed in a large hole that the lateral line was damaged and
the clean -out was crushed and full of tree roots. The County hired a contractor and made the
necessary repairs to its main gravity line, incurring costs in the amount of $37,987.95. The
Homeowners Association and the Trust/Owner were contacted and have not made any effort to
pay the County's repair costs. The County has no other recourse for recovery of the costs other
than to proceed with litigation.
FISCAL IMPACT: Funds for litigation costs are budgeted and available in the Risk
Management Property & Casualty Fund.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: Both the County Attorney and the Risk Management Director
opine that the County has no other recourse for recovery of the costs incurred for the recovery of
the County's repair costs in the sum of $37,987.95. The homeowner is attempting to sell the
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5/14/2013 16.E.9.
subject residence, with a closing scheduled to occur in the first week of June 2013. If the closing
occurs, prior to the commencement of the lawsuit, this could impact the County's ability to
collect from the homeowner /trust. This item is legally sufficient for Board action and requires a
majority vote only. — KLN
RECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney to file a lawsuit in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida against the Kirk Family Trust, which contains as its res, 3 Las Brisas Way,
Naples, Florida, c/o Allen Kirk, Trustee, and Kathleen Corbett Kirk, Trustee, and the Las Brisas
Neighborhood Association, Inc., in the Circuit Court of the Twentieth Judicial Circuit in and for
Collier County, Florida, to recover damages to the County's main gravity line, at the location of
the property, in the amount of $37,987.95, plus the costs of suit.
PREPARED BY: Joel Hollocher, Risk Analyst
Kevin L. Noell, Assistant County Attorney
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5/14/2013 16.E.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.9.
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against the Kirk Family Trust,
which contains as its res, 3 Las Brisas Way, Naples, Florida, c/o Allen Kirk, Trustee, and Kathleen
Corbett Kirk, Trustee, and the Las Brisas Neighborhood Association, Inc., in the Circuit Court of
the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages to the
County's main gravity line, at the location of the property, in the amount of $37,987.95, plus
the costs of suit.
Meeting Date: 5/14/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, County Attorney
4/24/2013 12:44:15 PM
Approved By
Name: WalkerJeff
Title: Director - Risk Management,Risk Management
Date: 4/24/2013 2:24:18 PM
Name: NoellKevin
Title: Attorney of Record (CAO)
Date: 5/1/2013 11:25:18 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 5/1/2013 1:28:58 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/1/2013 1:35:22 PM
Name: OchsLeo
Title: County Manager
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Date: 5/2/2013 4:43:53 PM
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5/14/2013 16.E.9.