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.
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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)
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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
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[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
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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
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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
/
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Packet Pg. 1152 Attachment: Aerial Photograph.parcel 414RDUE (5533 : Recommendation to authorize the County Attorney's Office to make an Offer of