Loading...
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 7U 'E. Fr. lONG ST. QCJ.LA.l'LORlDAJ417t OS!} 7l2.WH FA)(OS2) JSl.\(;9C (800lm.l+45 4H N. MAGNOl1.... AVE. ()R]..ANDO. 'f\.OII.IDA lZ8l)l (-401)s<w-9100 FhX(<<)7) 54t}.OO:S nOOTAMIAMl1lL N.,STE.lOO NAPUS. FUJRIDA ).4101 lllOOlS1.H+lS lUJ Sf.. THIRD AV~ Ff".U'l.Jl.l6lU)ALH,I"IJJlUDA 3JH6 {'J~"Jm.9+H fAX {"IS'll ~n-~:"6 Ui2. MlSSlON ST., sum; I SAN ).(AltINO. CA1JPQ'RNIA 91106 {(,l6)7"9.o>SO I I