|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 26, 2013|
Agenda Item #9
Eminent Domain Settlement: Wares Creek Project, Parcels E-104.1 and E-104.2, Desoto Auto Mall, Inc.
Contact and/or Presenter Information
Rodney C. Wade, Deputy County Attorney / Sandi Murphy, Ext. 3750
Form of Motion - Approval of settlement with Desoto Auto Mall, Inc., in amount of $53,000.00 for the full settlement of reasonable and necessary expert fees and cost incurred and non-monetary attorney's fees, in accordance with Section 73.091, Florida Statutes, in the eminent domain case of Manatee County v. Agnes C. Watkins, etc., et al., Case No. 2012-CA-2656, Parcels E-104.1 and E-104.2.
Section 73.091, Florida Statutes, require the condemning authority to pay the business tenant reasonable and necessary expert witness fees and costs and statutory attorney's fees to the business tenant counsel.
In an eminent domain action, the County is required to pay the business tenants' reasonable and necessary fees and costs pursuant to Section 73.091, Florida Statutes. The County received and reviewed detailed invoices from the business tenant's experts and negotiated the following settlement of all remaining fees and costs:
Landon Moree & Associates, Inc. for engineering services the sum of $18,000.00: Requested Fee: $23,020.00; Settlement: $18,000.00
Morganstern Phifer & Messina, P.A. for accounting consulting services the sum of $35,000.00: Requested Fee: $45,600.03; Settlement: $35,000.00.
Based upon the the forgoing, it is recommended that the Board approve the proposed settlement. The amount in controversy could be elipsed by the additional attorney's fees and expert fees the County might have to pay the business tenant's attorney for a cost hearing as well as the cots incurred by the County in defending the claim.
If approved it is requested that a check in the amount of $53,000 be issued to The Trust Account of Policastro & Leroux, P.A., and mailed to Anthony V. Policastro, Esq., Policastro & Leroux, 28100 US Highway 19 North, Suite 311, Clearwater, FL 33761, for proper disbursement.
Ron Schulhofer, Director, Public Works Department
Sia Mollanazar, P.E., Deputy Director, Engineering Services
Jeff Streitmatter, Intern Manager, Project Management Division
Walter Sowa, III, Senior Engineering Specialist, Project Management Division
Carlie H. Bishop, PMP, Director, Property Management Department
Joaquin Servia, Manager, Property Acquisition Division
Barbara Carter, SR/WA, Real Property Supervisor, Property Acquisition Division
County Attorney Review
Other (Requires explanation in field below)
Explanation of Other
This is a County Attorney item.
Instructions to Board Records
Forward one (1) approved copy of this Agenda Memo to Assistant County Attorney, Rodney C. Wade.
Cost and Funds Source Account Number and Name
$53,000 / Manatee County Storm Water Capital Improvement: 465-6028801-561000/6028801-0003 and Southwest Florida Water Management District
Amount and Frequency of Recurring Costs
Attachment: Stip Final Ord Taxing Fand C DeSoto Auto P104.pdf