Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 26, 2013
REVISED February 26, 2013, Regular Meeting
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

Action Requested

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.

Enabling/Regulating Authority

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. 

Background Discussion

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.

Copies to:

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.   

Reviewing Attorney

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