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Sarasota News Leader January 10, 2014 Page 23 Because of the filing of applications under dif- The complaint says that on Oct. 10, The ferent names for the new business, Tom Polk, Best Restaurant on 41 LLC, the developer, director of the Planning and Development "entered into a Standard Utility Agreement Services Department, with Defendant, S a r a s o t a C o u n t y, told the commissioners in early December There are a number of very unhappy regarding water and that a county employee emails and I have been getting them for a sewer utilities for had mistakenly issued couple of weeks. Hopefully you are able to the three (3) phases a TCO to the business inject some belief for the neighbors, as well of the property …" It before the owners as the commission that they turn to, that adds, "The Agreement paid the county the the county will be able to be helpful did not clearly state $77,063.44 they owed regarding the noise level or that the owner when water and sewer in water and sewer operator would like to help and be a good capacity fees would be due" and that capacity fees. The neighbor. "The County never action sparked ire Nora Patterson requested that water from commissioners Commissioner and sewer capacity Sarasota County during that Dec. 10 Dec. 31, 2013 fees be paid at the meeting. time permits were As a result of the non-payment of fees, Polk issued in 2010 for the construction of Bob's pointed out, staff sent letters that week to Boathouse and its utility system." two entities involved with the business to A new utility agreement was reached on Oct. notify them the fees must be paid by Dec. 30 16 to specify that The Best Restaurant on 41 or the water and sewer service to the restau- is the long-term tenant of the property, with rant would be terminated. an option to purchase the site, and is entitled under the terms of the lease to use the However, on Dec. 27, an attorney for the property "for a restaurant, hotel and related business filed suit against the county in 12th purposes," the suit continues, adding that Judicial Circuit Court, contending the County agreement and the original one "are basically Commission had no right to insist the owners the same." pay the capacity fees by Dec. 30. The lawsuit identifies Skipper Bobs LLC as POINT, COUNTERPOINT "the entity which operates the restaurant as Bob's Boathouse." The lawsuit contends that the operations manager for Sarasota County Utilities, Tony Gipe, told the owners of Bob's Boathouse on Oct. 23 that the water and sewer capacity fees would be deferred until after the establishment was awarded its Certificate of Occupancy (CO). The complaint seeks "damages in excess of $15,000." Late in the afternoon of Dec. 30, Assistant County Administrator Mark Cunningham sent an email to the County Commission with the following update:

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