Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO AUTHORIZE Office of the County Attorney to file an action to determine title to personal property abandoned by former tenant and bankruptcy debtor Advantage/EZ Rent A Car at the Rental Car Center at Fort Lauderdale-Hollywood International Airport and for other appropriate relief.
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Why Action is Necessary
Filing the proposed action requires Board approval pursuant to Section 1 51.3 of the Broward County Code of Ordinances.
What Action Accomplishes
Authorizes the County Attorney to file the proposed litigation to determine the County’s rights in certain personal property.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
On May 26, 2020, Advantage Holdco, Inc. (“Advantage/EZ”), and related companies filed for bankruptcy protection in the U.S. Bankruptcy Court for the District of Delaware. As part of that bankruptcy proceeding, Advantage/EZ rejected its lease at the Fort Lauderdale-Hollywood International Airport and abandoned certain equipment left at the leased premises. The abandoned equipment included certain gates, hydraulic spikes, and other devices intended to prevent unauthorized removal of rental vehicles. The County asserts a landlord’s lien on the abandoned property for unpaid rent, concession fees, and related charges exceeding $150,000. A contractor has asserted ownership of that abandoned equipment and disputes the County’s claim to the abandoned equipment. The equipment appears to be valued at approximately $40,000. Given the dispute regarding ownership, the Office of the County Attorney recommends filing a court action to determine title to the abandoned equipment.
Source of Additional Information
René D. Harrod, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Out-of-pocket litigation costs are not expected to exceed $5,000, as the County Attorney’s Office will perform all required legal services in house.