Agenda 06/14/2016 Item #16K 2 6/14/2016 16.K.2.
EXECUTIVE SUMMARY
Recommendation to reject an Offer of Judgment in the amount of $121,000, inclusive of
attorney's fees and expert fees, for the taking of Parcel 141RDUE required for the
widening of Golden Gate Boulevard,Project No. 60040.
OBJECTIVE: To reject an Offer of Judgment for full compensation for the taking of Parcel
141RDUE.
CONSIDERATIONS: Parcel 141RDUE was required by the County for the widening of
Golden Gate Boulevard from Wilson Boulevard to 20th Street East. On November 19, 2014, the
Board approved a Purchase Agreement in the amount of$96,300 for the voluntary acquisition of
Parcel 141RDUE which was achieved through negotiations between the County's right-of-way
acquisition staff and the property owners. However, the Purchase Agreement was conditioned
upon achieving a subordination of the mortgage from the lender in order to close on the property
and fulfill the terms of the agreement. The lender would not subordinate their interest in the
property and, therefore, the County was required to condemn the property via eminent domain to
meet its deadlines for construction.
On July 9, 2015, the County condemned Parcel 141RDUE in the case styled Collier County v,
Benjamin Sanchez, et al., Case No. 15-CA-249, and subsequently deposited $75,700 into the
Court Registry as a good faith estimate of value based on a valid appraisal. While the County
already has an agreement with the property owners, the property owners chose to hire counsel to
handle the condemnation lawsuit and the lender's apportionment claim. Under the eminent
domain statutes, the County is obligated to pay reasonable attorney's fees and expert fees.
On May 17, 2016, the County received an Offer of Judgment inclusive of all attorney's fees and
expert fees of$121,000 for the taking of Parcel 141RDUE. The County Attorney's Office and
staff are recommending rejection of the Offer of Judgment, since the offer is $24,700 over the
amount of the agreement and seeks to compensate the owners beyond the addition of reasonable
attorney's fees and experts' fees.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality and
requires a majority vote for Board approval.—ERP
RECOMMENDATION: To reject an Offer of Judgment in the amount of$121,000, inclusive
of attorney's fees and expert fees, for the taking of Parcel 141RDUE required for the widening of
Golden Gate Boulevard, Project No. 60040.
Prepared By: Emily R. Pepin, Assistant County Attorney
Attachment: Offer of Judgment
[15-CA-249/1259730/1]
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6/14/2016 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to reject an Offer of Judgment in the amount of
$121,000, inclusive of attorney's fees and expert fees, for the taking of Parcel 141RDUE
required for the widening of Golden Gate Boulevard, Project No. 60040.
Meeting Date: 6/14/2016
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator, CAO Office Administration
6/6/2016 11:24:17 AM
Submitted by
Title: Assistant County Attorney, CAO Litigation
Name: PepinEmily
6/6/2016 11:24:18 AM
Approved By
Name: HendricksKevin
Title:Manager-Right of Way,Transportation Engineering&Construction Management
Date: 6/6/2016 1:39:29 PM
Name: AhmadJay
Title: Division Director-Transportation Eng,Transportation Engineering&Construction Management
Date: 6/7/2016 8:08:22 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/7/2016 8:59:10 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 6/7/2016 9:01:21 AM
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6/14/2016 16.K.2.
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/7/2016 11:09:11 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/7/2016 11:19:17 AM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 6/7/2016 11:58:38 AM
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6/14/2016 16.K.2.
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6/14/2016 16.K.2.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA—CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
Subdivision of the State of Florida,
Petitioner
Case No. 15-CA-249
v. Parcel No.: 141RDUE
BENJAMIN SANCHEZ, et al.,
Respondents
/
RESPONDENTS' OFFER OF JUDGMENT
Respondents, BENJAMIN SANCHEZ AND .IRIS SANCHEZ, by and through their
undersigned counsel and pursuant to Section 73.032, Florida Statutes, and the procedures set forth
in Fla.R.Civ.P. 1.442, hereby makes the following Offer of Judgment to Petitioner, COLLIER
COUNTY, FLORIDA, to settle all pending claims with that party, including all attorney's fees,
expert witness fees and costs in the amount of ONE HUNDRED TWENTY-ONE THOUSAND
AND 00/100 Dollars ($121,000.00) as to Parcel 141RDUE.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on May 17, 2016, I served via email this document to the
following recipients:
EMILY R. PEPIN Ditech Financial LLC f/k/a
Collier County Attorney's Office Green Tree Servicing, LLC
3299 East Tamiami Trail, Suite 800 do Lindsay Alvarez, Esq.
Naples, Florida 34112 Kass Shuler, P.A.
emilypepin@colliergov.net P.O. Box 800
kathynellcrotteau@colliergov.net Tampa, FL 33601
nancybradley ,colliergov.net eservicelienmonitor@kasslaw.com
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6/14/2016 16.K.2.
ROETZEL &ANDRESS, LPA
2320 First Street, Suite 1000
Fort Myers, FL 33901
Main Telephone: (239) 337-3850
Facsimile: (239) 37-0970
k'ones ciiralaw.co 4 (primary e-mail)
serve.k'ones c w.com(secondary e-mail)
By: II
Kenneth ;J. Jones
Florida B No. 200158
10501510_1 133814.0001 Packet Page -2260-