The Honorable Chairman and Members of the Board of County Commissioners
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1 TO: FROM: The Honorable Chairman and Members of the Board of County Commissioners James L. Bennett, County Attorney ~ COMMISSION AGENDA,#':.ett~ -:# /H, SUBJECT: DATE: Notice ofnew Lawsuit and Defense of the Same by the County Attorney in the Case of Florida Gulf Coast Center for Fishing Foundation, Inc., a Florida Corporation, v. Pinellas County, a Subdivision of the State of Florida Circuit Civil Case No CI-007 May 21,2013 NOTICE: THIS IS TO ADVISE THE BOARD OF COUNTY COMMISSIONERS THAT THE ABOVE-REFERENCED LAWSUIT WAS FILED AGAINST THE COUNTY AND THE COUNTY ATTORNEY'S OFFICE WILL DEFEND THE SAME. DISCUSSION: Plaintiffs, Florida Gulf Coast Center for Fishing Foundation, Inc., Complaint is an action for rescission and, alternatively, breach of contract stemming from a Lease Agreement entered into between the parties on January 11,2012, for property located at Walsingham Road, Largo, Florida. The Plaintiff alleges Pinellas County had no intention of performing its duties pursuant to the Lease Agreement and, alternatively, Pinellas County is allegedly in breach of contract based on its alleged failure to perform pursuant to the Lease Agreement. This suit was initiated by the Plaintiff after the Board granted authority for the County Attorney to initiate legal action against Florida Gulf Coast Center for Fishing Foundation, Inc. A copy of the Complaint (without attachments) is attached hereto. JLB:NSM:elb Attachment H:\USERS\A TYKB31 \Litigation\Florida Gulf Coast Center\Board Memo\Board Memo.docx
2 I IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA Florida Gulf Coast Center for Fishing Foundation, Inc., a Florida corporation, vs. Plaintiff, CASE NO.: 13-2l1o5C!-I --a07 Pinellas County, a political subdivision of the State of Florida, Defendant ' COMPLAINT The Plaintiff, Florida Gulf Coast Center for Fishing Foundation, Inc., ("FGCC"), a Florida corporation, by and through its undersigned counsel, sues the Defendant, Pinellas County, a political subdivision of State of Florida, and states: Florida. GENERAL ALLEGATIONS 1. FGCC is a Florida corporation doing business in Pinellas County, Florida. 2. Pinellas County is a political subdivision located in Pinellas County. 3. The property that is the subject of this action is located in Pinellas County. 4. Venue is proper in Pinellas County. 5. On or about January 11, 2012, FGCC and Pinellas County entered into a lease agreement for property located at Walsingham Road, Largo, Florida ("Lease"). A copy of the Lease is attached as Exhibit 1 and incorporated as if fully set forth herein.
3 6. All ccmditions precedent to the maintenance of this action have occurred, have been performed, or have been waived. COUNT I 7. This is an action for rescission against Pinellas County. 8. FGCC realleges the General Allegations above. 9. Pinellas County had no intention to perform when it entered into the Lease with FGCC. 10. FGCC invested substantial sums into the leased premises in reliance on Pinellas County's re~presentations that the entire property was tenable. 11. FGCC hereby rescinds the Lease and offers to return the leased premises to Pinellas County. 12. FGCC has no adequate remedy at law. WHEREFORE, FGCC requests this Court enter judgment against Pinellas County for damages, interest, court costs, and such other relief as the Court deems appropriate. COUNT II 13. FGCC incorporates the General Allegations herein. 14. This is an alternative claim for breach of contract against Pinellas County for damages in excess of $15, Paragraph 5 of the Lease states that "TENANT shall be granted continued. possession of Premises immediately upon the Commencement Date of this Lease and shall be entitled to full use of said Premises." 2
4 l 16. Paragraph 8 of the Lease states that "COUNTY shall provide and pay for exterior monthly pest control." 17. Paragraph 8 of the Lease also states that "COUNTY shall maintain roof, structural load-bearing walls and slab of said Premises." 18. Paragraph 8 of the Lease further states that "COUNTY shall be responsible for the upkeep, maintenance, repair, replacement, and management of the Premises building infrastructure, including the following:... HVAC systems,... mowing/landscaping... " 19. Paragraph 8 of the Lease further states that "COUNTY will ensure that all life safety code requirements are met and maintained... " 20. Paragraph 21 of the Lease requires that Pinellas County provide that FGCC "shall and may peaceably and quietly have, hold, and enjoy the Premises hereby. demised for the term aforesaid." 21. Paragraph 31 of the Lease states that "COUNTY grants to TENANTS and its employees, agents, customers, invitees and licensees exclusive right to forty-eight (48) spaces designated by COUNTY as parking for the building,... " 22. Pinellas County breached the Lease by (including, but not limited to): a. Failing to deliver tenable premises; b. Failing to grant continued possession of full use of premises; c. Failing to provide and pay for exterior monthly pest control; d. Failing to maintain the roof, structural load-bearing walls and slab on said premises; e. Failing to maintain, repair or replace the HVAC systems; 3
5 f. Failing to properly maintain mowing/landscaping; g. Failing to ensure that all life safety code requirements are met and maintained; h. RE~quiring insurance above the amount required in the Lease; i. Failing to designate 48 exclusive parking spaces; and j. Failing to provide quiet enjoyment of the property. 23. FGCG has been damaged as a proximate result of Pinellas County's breach. 24. FGCC is entitled to attorneys fees pursuant to paragraph 15 of the Lease. WHEREFORE, FGCC requests this Court enter judgment against Pinellas County for damage!s, together with an award of attorneys' fees and court costs, and such other relief as the Court deems appropriate. JOHNSON,POPE,BOKOR,RUPPEL& BURNS, P By: +-~-+---rrr= iml:>erl pe SPN # FBN # P.O. Box 1368 Clearwater, FL (727) telephone (727) facsimile Attorneys for Plaintiff 4
Authority for the County Attorney to Initiate Litigation in the Case of Pinellas County v. Verizon Florida, LLC
TO: FROM: SUBJECT: The Honorable Chairman and Members of the Board of County Commissioners James L. Bennett, County Attorney Authority for the County Attorney to Initiate Litigation in the Case of Pinellas
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Harvey C. Berger (SBN POPE & BERGER 0 West "C" Street, Suite 100 San Diego, California 1 Telephone: (1-1 Facsimile: (1 - Attorneys for Plaintiff PLAINTIFF SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND
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Case: 1:15-cv-00608 Document #: 1 Filed: 01/21/15 Page 1 of 5 PageID #:1
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Should the commission desire to adopt the proposed settlement agreement, the following resolution is presented for your consideration:
Office of the City Attorney 211 South Williams Street Royal Oak, MI 48067 Woodward 14 Associates, LLC. v. City of Royal Oak Proposed Settlement: Sign Ordinance Dispute November 10, 2015 The Honorable Mayor
Case 3:14-cv-00039-MMD-VPC Document 12-1 Filed 02/12/14 Page 1 of 14 EXHIBIT 1
Case :-cv-000-mmd-vpc Document - Filed 0// Page of EXHIBIT EXHIBIT Case :-cv-000-mmd-vpc Document - Filed 0// Page of JOHN OHLSON, ESQ. NV Bar No. Hill Street, Suite 0 Reno, Nevada 0 Telephone: () -00
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION. In Re: Bankruptcy No. 09-26549. (Chapter 11) Filed Electronically
Document Page 1 of 16 Steven C. Tycksen, #3300 Chad Shattuck, #9345 TYCKSEN & SHATTUCK, L.C. 12401 South 450 East, Unit E1 Draper, Utah 84020 Telephone: 801-748-4081 Facsimile: 801-748-4087 steve@tyshlaw.com
SANTA ROSA COUNTY, FLORIDA LANDLORD/TENANT MOBILE HOME EVICTION PACKET COST: $5.00. Purchase price is non-refundable.
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JAMES C. STURDEVANT (SBN 94551 JESPER I. RASMUSSEN (SBN 121001 THE STURDEVANT LAW FIRM A Professional Corporation 475 Sansome Street, Suite 1750 San Francisco, California 94111 Telephone: (415 477-2410
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1 1 1 1 1 1 0 1 Stephen L. Weber, Esq. (AZ SBN 01) Michael J. White, Esq. (AZ SBN 01) James W. Fleming, Esq. (AZ SBN 0) KASDAN SIMONDS WEBER & VAUGHAN LLP 00 N. Central Ave., Suite 0 Phoenix, AZ 0 E-Mail:
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Residential Lease. Form 11-5. Basic Terms. Date: Landlord: Landlord s Address: Tenant: Tenant s Address: Premises. Street address/suite:
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IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY STATE OF UTAH. Case No. : Judge:
Alan W. Mortensen (6616) DEWSNUP, KING & OLSEN 36 South State Street, Ste. 2400 Salt Lake City, UT 84111 Telephone (801) 533-0400 Facsimile (801) 363-4218 Attorneys for Plaintiffs IN THE THIRD JUDICIAL
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
(SPACE BELOW FOR FILING STAMP ONLY) LAW FIRM OF KAISER, DEBIASO. ANDREW AND SWINDELLS SUMfTOMO TOWER NINTH FLOOR 444 WEST OCEAN BOULEVARD LONG BEACH, CALIFORNIA 90802-4516 (310) 590-8471 ERIC C. DEMLER
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BERMAN, KEAN & RIGUERA, P.A. 2101 W. Commercial Boulevard, Suite 2800, Ft. Lauderdale, Florida 33309 Tel. (954) 735-0000 www.bermankean.
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Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN BERNARDINO COUNTY CIVIL DIVISION. MARIA GODINEZ, an individual,
VACHON LAW FIRM Michael R. Vachon, Esq. (SBN ) 0 Via Del Campo, Suite San Diego, California Tel.: () -0 Fax: () - Attorney for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA SAN BERNARDINO COUNTY
Complaint as permitted by Case Management Order # 4 and Implementing Order PARTIES, JURISDICTION AND VENUE
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Complaint - Walmart Substance on Floor in Frozen Food Dept.
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3. Collector is sued herein in his official capacity and is a necessary party to. CiVL DIVISION
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Plaintiff Carol Parker ( Plaintiff ), residing at 32 Coleman Way, Jackson, NJ 08527, by her undersigned counsel, alleges the following upon personal
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The State of New Jersey, New Jersey Department of Environmental Protection
STUART RABNER ATTORNEY GENERAL OF NEW JERSEY R.J. Hughes Justice Complex 25 Market Street PO Box 093 Trenton, NJ 08625-0093 Attorney for Plaintiff State of New Jersey, New Jersey Department of Environmental