Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 21, 2016
REVISED - June 21, 2016 - Regular Meeting
Agenda Item #14

U.S. Highway 301 North at Ellenton Gillette Road intersection improvements; authority to make counteroffer to business damage claim offer.

Briefing Provided Upon Request

Contact and/or Presenter Information
Pamela J. D’Agostino, Assistant County Attorney
Ext. 3750.

Action Requested

Motion to authorize the County Attorney or his designee or the Interim Property Acquisition Division Manager or her designee, to make a counteroffer of $38,000 to Ellenton Food Mart, Inc., doing business as Stop & Shop, in response to their business damage claim offer of $117,753. 

Enabling/Regulating Authority
Chapter 73, Florida Statutes.

Background Discussion

Manatee County is currently negotiating the acquisition of Parcel 1, as part of an improvement project to the intersection at Ellenton Gillette Road and U.S. Highway 301 North.  

In connection with the proposed acquisition of Parcel 1, Manatee County notified the business owner, Ellenton Food Mart, Inc., doing business as Stop and Shop, in writing of their statutory business owner rights on September 21, 2015. 

The business owner, also the property owner, had 180 days after receipt of said letter to respond.  A timely response was served on March 21, 2016, alleging a business damage in the amount of $117,753, premised on the loss of several parking spaces. 

Manatee County received and carefully reviewed detailed financial records, including but not limited to a report prepared by a certified public accountant on behalf of the business.  Within 120 days (by July 19, 2016), Manatee County must accept, reject or make a counteroffer to this claim.  Failure to respond or rejection of the offer is considered a counteroffer of zero dollars.  In the event of an eminent domain suit, attorney’s fees and costs will be calculated based on the amount offered by the County in response to this business damage claim.  

It is recommended that the Board approve the proposed counteroffer in the amount of $38,000 and authorize the County Attorney’s Office or the Property Acquisition Division to sign all necessary paperwork associated with same. 

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.

Reviewing Attorney

Instructions to Board Records
E-mail an approved copy of this agenda item to each of:
Pamela J. D’Agostino, Assistant County Attorney, pamela.dagostino@mymanatee.org and Alicia M. Stull, Paralegal, alicia.stull@mymanatee.org

Cost and Funds Source Account Number and Name
$38,000; Fund Source Acct No. 381-6035161; Northwest Impact Fees

Amount and Frequency of Recurring Costs

Attachment:  Aerial Map - Parcel 1.pdf