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Agenda 05/08/2018 Item #16K405/08/2018 EXECUTIVE SUMMARY Recommendation to authorize the County Attorney's Office to make an Offer of Judgment to Respondent, Manuel A. Fernandez-Pena, in the amount of $35,001, plus $6,468.33 in statutory attorney fees, as full compensation for the acquisition of Parcel 414RDUE, in the pending lawsuit styled Collier County v. Lourdes Perez Bello, et al., Case No. 17-CA-1390, required for the Golden Gate Blvd. E. Expansion Project No. 60145, east of Everglades Blvd. to Faka Union Canal. (Fiscal Impact: $26,069.33, including attorney fees calculated according to the statutory benefit formula if the Offer is accepted.) OBJECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to property owner, Manuel A. Fernandez-Pena, in the amount of $35,001, plus $6,468.33 in statutory attorney fees, as full compensation for the taking of Parcel No. 414RDUE in the pending lawsuit styled Collier County v. Lourdes Perez Bello, et al., Case No. 17-CA-1390, Golden Gate Blvd. E. Expansion Project No. 60145, (the “Project). CONSIDERATIONS: On March 28, 2017, the County condemned a 2,850 square foot perpetual roadway, drainage and utility easement for the Project, Parcel 414RDUE, on improved property owned by Manuel A. Fernandez-Pena. Pursuant to the Order of Taking hearing held on November 14, 2017, and the appraiser’s testimony as to full compensation for the taking of Parcel 414RDUE, the County deposited into the Court Registry its good faith estimate of value in the amount of $15,400. The property owner’s counsel is estimating $80,000 for full compensation, based on a reduction of setback and landscape replacement from the take. The County Attorney’s Office (CAO) and Transportation staff recommend making an Offer of Judgment f or $35,001, which will expire in 30 days unless extended by the County or accepted. If the property owner accepts the Offer, the County will be required to pay an additional $26,069.33, through a Stipulated Final Judgment of the Court, which includes $6,468.33 in statutory attorney fees, pursuant to § 73.092, Fla. Stat. If the property owner rejects the Offer and fails to recover more than $35,001 for Parcel 414RDUE, either through settlement or jury verdict, the County will not be required to pay any costs incurred by the property owner after the date of the Offer’s rejection. This would include any expert witness fees, such as engineering and appraisal fees. The County may still be liable for any expert fees incurred prior to the date of rejection, the amount of which will be brought back to the Board for approval. FISCAL IMPACT: Funds in the total amount of $26,069.33 will be paid from gas taxes and/or impact fees from Golden Gate Blvd. Project No. 60145. The primary funding source for the acquisition of right- of-way is impact fees. Should impact fees not be sufficient within a particular project, the secondary funding source will be gas taxes. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. - ERP RECOMMENDATION: That the Board of County Commissioners authorize the terms of the Offer of Judgment and authorize its service on counsel for the property owner and the expenditure of funds as stated, if accepted. 16.K.4 Packet Pg. 1147 05/08/2018 PREPARED BY: Emily R. Pepin, Assistant County Attorney ATTACHMENT(S) 1. cc offer of judgment to manuel fernandez pena p414 (DOCX) 2. Aerial Photograph.parcel 414RDUE (PDF) 16.K.4 Packet Pg. 1148 05/08/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.4 Doc ID: 5533 Item Summary: Recommendation to authorize the County Attorney's Office to make an Offer of Judgment to Respondent, Manuel A. Fernandez-Pena, in the amount of $35,001, plus $6,468.33 in statutory attorney fees, as full compensation for the acquisition of Parcel 414RDUE, in the pending lawsuit styled Collier County v. Lourdes Perez Bello, et al., Case No. 17-CA-1390, required for the Golden Gate Blvd. E. Expansion Project No. 60145, east of Everglades Blvd. to Faka Union Canal. (Fiscal Impact: $26,069.33, including attorney fees calculated according to the statutory benefit formula if the Offer is accepted) Meeting Date: 05/08/2018 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Rosa Villarreal 05/01/2018 2:28 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 05/01/2018 2:28 PM Approved By: Review: Growth Management Department Diane Lynch Level 1 Reviewer Completed 05/01/2018 2:37 PM Growth Management Department Lisa Taylor Additional Reviewer Completed 05/01/2018 2:55 PM Transportation Engineering Robert Bosch Additional Reviewer Completed 05/01/2018 3:25 PM Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/01/2018 3:35 PM Growth Management Department Gene Shue Additional Reviewer Completed 05/01/2018 3:40 PM County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 05/01/2018 4:26 PM Growth Management Department Jeanne Marcella Department Head Review Completed 05/02/2018 9:59 AM Growth Management Department Rosa Villarreal Deputy Department Head Review Skipped 05/02/2018 10:05 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/02/2018 10:33 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/02/2018 11:30 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/02/2018 1:23 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/02/2018 2:07 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/08/2018 9:00 AM 16.K.4 Packet Pg. 1149 [17-CA-1390/1409273/1] IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, Petitioner, Case No.: 17-CA-1390 v. PARCEL: 414RDUE Lourdes Perez Bello; UNKNOWN TENANTS, n/k/a Shane Barron; Lourdes Benitez; Deutsche Bank National Trust Company, as Trustee for Certificate Holders of the GSAA Home Equity Trust 2004-5, Asset-Backed Certificates, Series 2004-5; Janette E. Guzman; Unknown Spouse of Janette E. Guzman, if any; Nationstar Mortgage, LLC; Anthony J. Tavarez; Marizol Tavarez; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for Transland Financial Services, Inc., and as nominee for Plaza Home Mortgage, Inc.; SUNCOAST CREDIT UNION, f/k/a Suncoast Schools Federal Credit Union; MANUEL A. FERNANDEZ-PENA; and Plaza Home Mortgage, Inc.; Respondents. _________________________________________________/ PETITIONER COLLIER COUNTY’S OFFER OF JUDGMENT TO RESPONDENT MANUEL A. FERNANDEZ-PENA AS TO PARCEL 414RDUE COMES NOW, Petitioner, COLLIER COUNTY, (“COUNTY”), by and through undersigned counsel, and pursuant to § 73.032, Florida Statutes, and Fla. R. Civ. P. Rule 1.442, and hereby makes this binding Offer of Judgment to Respondent, MANUEL A. FERNANDEZ- PENA, in the Golden Gate Boulevard East Expansion Project, from east of Everglades Boulevard to the Faka Union Canal, Project No. 60145, (“Project”), in settlement of all claims concerning Parcel 414RDUE, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, statutory interest and any other claims of MANUEL A. FERNANDEZ-PENA arising out of the taking of Parcel 414RDUE, for 16.K.4.a Packet Pg. 1150 Attachment: cc offer of judgment to manuel fernandez pena p414 (5533 : Recommendation to authorize the County Attorney's Office to make [17-CA-1390/1409273/1] the total amount of Thirty Five Thousand and One and No/100 Dollars ($35,001.00), which includes the amount of $15,400.00 previously deposited by the COUNTY into the Court Registry pursuant to the Order of Taking dated November 14, 2017. This Offer of Judgment is subject to apportionment, if any. There are no non-monetary terms or other relevant conditions to this Offer except that this Offer does not include attorney or expert fees and costs. The construction plans and specifications for the Project on which the Offer is based have been previously and continue to be available for Respondent’s review upon reasonable notice of such a request. This Offer of Judgment was approved by the Board of County Commissioners on the 8th day of May, 2018. Dated this ____ day of May, 2018. Respectfully submitted, BY: __________________________________ EMILY R. PEPIN, ESQ. Florida Bar No. 92956 Collier County Attorney’s Office 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 Telephone: (239) 252-8400 Facsimile: (239) 774-0225 COUNSEL FOR PETITIONER Emily.Pepin@colliercountyfl.gov Jennifer.Belpedio@colliercountyfl.gov Nancy.Bradley@colliercountyfl.gov 17-CA-1390/1014 16.K.4.a Packet Pg. 1151 Attachment: cc offer of judgment to manuel fernandez pena p414 (5533 : Recommendation to authorize the County Attorney's Office to make AERIAL – PARCEL 414RDUE GOLDEN GATE BLVD. PROJECT NO. 60145     EXISTING RIGHT-OF-WAY PER PLAT PARCEL  414RDUE  /  16.K.4.b Packet Pg. 1152 Attachment: Aerial Photograph.parcel 414RDUE (5533 : Recommendation to authorize the County Attorney's Office to make an Offer of