Agenda 05/08/2018 Item #16K305/08/2018
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney's Office to make an Offer of Judgment to
Respondent, Edi Carrillo Somoza, in the amount of $35,001, plus $6,441.93 in statutory attorney
fees, as full compensation for the acquisition of Parcel 449RDUE, in the pending lawsuit styled
Collier County v. David Martinez, et al., Case No. 17-CA-1454, required for the Golden Gate Blvd. E.
Expansion Project No. 60145, east of Everglades Blvd. to Faka Union Canal. (Fiscal Impact:
$25,962.93, 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, Edi Carrillo Somoza, in the amount of $35,001, plus $6,441.93 in statutory
attorney fees, as full compensation for the taking of Parcel No. 449RDUE in the pending lawsuit styled
Collier County v. David Martinez, et al., Case No. 17-CA-1454, Golden Gate Blvd. E. Expansion Project
No. 60145, (the “Project).
CONSIDERATIONS: On March 28, 2017, the County condemned a 6,942 square foot perpetual
roadway, drainage and utility easement for the Project, Parcel 449RDUE, on improved property owned by
Edi Carrillo Somoza. Pursuant to the Order of Taking hearing held on November 13, 2017, and the
appraiser’s testimony as to full compensation for the taking of Parcel 449RDUE, the County deposited
into the Court Registry its good faith estimate of value in the amount of $15,480.
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 the making of an Offer of Judgment for $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 $25,962.93, through a Stipulated Final Judgment of the Court, which
includes $6,441.93 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 449RDUE, 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 $25,962.93 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 Ju dgment 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.
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05/08/2018
PREPARED BY: Emily R. Pepin, Assistant County Attorney
ATTACHMENT(S)
1. cc offer of judgment.somoza. p449 (DOC)
2. Aerial photograh.Parcel 449RDUE (PDF)
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05/08/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 5535
Item Summary: Recommendation to authorize the County Attorney's Office to make an Offer of
Judgment to Respondent, Edi Carrillo Somoza, in the amount of $35,001, plus $6,441.93 in statutory
attorney fees, as full compensation for the acquisition of Parcel 449RDUE, in the pending lawsuit s tyled
Collier County v. David Martinez, et al., Case No. 17-CA-1454, required for the Golden Gate Blvd. E.
Expansion Project No. 60145, east of Everglades Blvd. to Faka Union Canal. (Fiscal Impact: $25,962.93,
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 2:35 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/01/2018 2:35 PM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Reviewer Completed 05/01/2018 2:46 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 3:21 PM
Growth Management Department Gene Shue Additional Reviewer Completed 05/01/2018 3:40 PM
Transportation Engineering Anthony Khawaja Additional Reviewer Completed 05/02/2018 11:58 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 05/02/2018 10:02 AM
County Attorney's Office Emily Pepin Level 2 Attorney Review Completed 05/02/2018 10:20 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/02/2018 10:39 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 1:24 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/02/2018 2:06 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/08/2018 9:00 AM
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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,
v. Case No.: 17-CA-1454
PARCEL: 449RDUE
DAVID MARTINEZ; INAISIS SANCHEZ; PARAMOUNT
RESIDENTIAL MORTGAGE GROUP, INC; ELBA
ARMAS; EDI CARRILLO SOMOZA; W.J. BRADLEY
MORTGAGE CAPITAL, LLC; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC; LUIS E. SOTO;
YAMILE HERRERA DIAS; AMERICAN EAGLE OF OHIO,
LLC; and SUNCOAST CREDIT UNION
Respondents.
____________________________________________________/
PETITIONER COLLIER COUNTY’S OFFER OF JUDGMENT
TO RESPONDENT EDI CARRILLO SOMOZA AS TO PARCEL 449RDUE
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, EDI CARRILLO SOMOZA, 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
449RDUE, 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 EDI CARRILLO
SOMOZA arising out of the taking of Parcel 449RDUE, for the total amount of Thirty Five
Thousand and One and No/100 Dollars ($35,001.00), which includes the amount of $15,480.00
previously deposited by the COUNTY into the Court Registry pursuant to the Order of Taking
dated November 13, 2017. This Offer of Judgment is subject to apportionment, if any.
16.K.3.a
Packet Pg. 1144 Attachment: cc offer of judgment.somoza. p449 (5535 : Recommendation to authorize the County Attorney's Office to make an Offer of
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
CO-COUNSEL FOR PETITIONER
Emily.Pepin@colliercountyfl.gov
Jennifer.Belpedio@colliercountyfl.gov
Nancy.Bradley@colliercountyfl.gov
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Packet Pg. 1145 Attachment: cc offer of judgment.somoza. p449 (5535 : Recommendation to authorize the County Attorney's Office to make an Offer of
AERIAL – PARCEL 449RDUE
GOLDEN GATE BLVD. PROJECT NO. 60145
EXISTING RIGHT-OF-WAY PER PLAT
PARCEL 449RDUE
/
16.K.3.b
Packet Pg. 1146 Attachment: Aerial photograh.Parcel 449RDUE (5535 : Recommendation to authorize the County Attorney's Office to make an Offer of