Agenda 09/09-10/2008 Item #16K17
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. EXECUTIVE SUMMARY . p::;E~Nl^~lJJ
RecommendatIon to AuthorIZe the County Attorney to FIle a LawsUIt on Belill1f Of"flie'~" """~"
Collier County Board of County Commissioners, Against the Entity Known as Naples
Sunrise, Inc. in County Court Small Claims in and for Collier County, Florida, to Recover
Damages in the Amount of $1,102.03.
OBJECTIVE: For the Board of COWlty Commissioners to authorize the COWlty Attorney
to file a lawsuit in the County Court Small Claims in and for Collier County, Florida against
Naples Sunrise, Inc. to recover damages, costs, and administrative fees incurred by the County in
the amount of$I,102,03
CONSIDERATIONS: Naples Sunrise Inc. caused underground sprinklers to be installed
at and around I I 1 Palm Drive. Due to the leakage of one or more of the sprinkler heads, the
subsoil under the COWlty'S sidewalk was eroded and caused the sidewalk to cave in, thereby
creating a hazard to the general public. The County was required to repair the sidewalk and
incurred costs of $1,102,03. Although Naples Sunrise, Inc. was contacted on numerous
occasions, it has refused and continues to refuse to pay the COWlty'S costs of repair of this
sidewalk. The COWlty has no other recourse for recovery of the costs than to proceed with
litigation.
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FISCAL IMPACT: Funds are budgeted and available in the Risk Management Property &
Casualty Fund.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
LEGAL CONSIDERATIONS: Both the County Attorney and the Risk Management
Director opine that the County has no ot,J1yr recourse for recovery of the costs of repair incurred,
in the sum of$I,102.03. Approved: rn; g 111 ACA
RECOMMENDATION: That the Board of COWlty Commissioners authorize the County
Attorney to file a lawsuit against Naples Sunrise, Inc. in County Court Small Claims in and for
Collier County, Florida, to recover $1,102.03 for costs incurred as a result of the damages to the
County's sidewalk and costs of the suit.
PREPARED BY:
William E. MOWltford, Esq., Assistant County Attorney.
Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the C lIier SEP
County Board of County Commissioners, Against the Entity Known as Naples Sunrise, c. in
County Court Small Claims in and for Collier County, Florida, to Recover Damages in th"!!!!?",,~
of $1,102.03.
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Prepared By:
Department
Information Technology
Date
8/29/2008 1 :28:57 PM
Approved By:
Department
Approval
Date
County Approved
Manager's Office
8/31/20081 :24 PM
ATTACHMENTS:
Name:
Description:
Type:
Executive Summary
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Cl ,~~_SJ.lJJJma..ry_NgplgLSJJJ1Ii~~.Qdj Executive Summary - Naples Sunrise