Agenda 12/16/2008 Item #16K 1
Agenda Item No. 16K1
December 16, 2008
Page 1 of 6
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EXECUTIVE SUMMARY
Recommendation to authorize an Offer of Judgment for Parcell1SFEE by Collier County
to property owner Norma Farmilo, Individually and as Trustee, in the lawsuit styled CC v.
Robbie L. Rayburn, et al., Case No. 07-4268-CA (Santa Barbara Boulevard Extension
Project No. 60091) (Fiscal Impact: If accepted, $48,038.00).
OBJECTIVE: That the Board of County Commissioners authorize and approve a proposed
Offer of Judgment for Parcel 115FEE by Collier County to property owner Norma Farmilo
(Respondent), in the lawsuit styled CC v. Robbie L. Rayburn, et aI., Case No. 07-4268-CA
(Santa Barbara Boulevard Extension Project No, 60091).
CONSIDERATIONS: Pursuant to statute, the County made its pre-suit offer to Norma
Fannilo in the amount of $691 ,400.00 for the taking of fee simple interest in a 3.79 acre parcel of
land designated as Parcel 115FEE. This offer was not accepted and on November 9, 2007, the
County filed suit to condemn Parcelll5FEE for the construction of the Santa Barbara Boulevard
Extension project. Mediation was held on February 7, 2008, and an impasse reached. It was
later discovered that the methodology used by the County's appraiser was flawed and the
appraisal amount was revised to $737,800.00. In order to review the revised appraisal, the
owner's attorney wanted to continue the contested order of taking hearing, which would have
delayed the project for two months. Rather than continue the hearing, the owner's attorney
agreed to stipulate to the order of taking if the good faith deposit was increased to $787,800.00.
_ This case has been set for trial on February 2, 2009. Respondent previously claimed
compensation in the amount of $],123,273.00. Her claim is not expected to be less than that
amount at trial.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $800,000.00 for Parcel l15FEE, including the remainder property of Respondent (the total
property is 4.85 acres). The original offer could not legally take this remainder property as it is
not necessary for the project. Unfortunately, the taking rendered the land locked remainder
essentially worthless, resulting in severance damages. But since this is a settlement, the County
may make an offer on the entire property, thus negating respondent's severance damage claim.
This offer represents approximately $165,000.00 per acre, which is in the mid-range of other
comparable properties. This Offer will expire in 30 days unless extended by the County or
accepted. If the owner then fails to recover an amount equal to or greater than this sum at trial,
she will be responsible for her defense costs after the offer cxpires. The offer will require that
the owner carcfully assess her case before assuming the risk of the costs of trial. In the event the
County prevails at trial, the offer will provide the County with some significant cost savings.
Attached is the proposed Offer of Judgment by County to the owner.
If approved, and accepted by the owner, the County will pay the following costs:
-
Additional Compcnsation:
Attorney Fees *
Subtotal:
$ 12,200.00
$ 35.838.00
$ 48,038.00
P'.genca item No. 16K 1
December 15, 2008
Page 2 of 6
Expert fees and costs will be determined at a later date.
* Attorney's Fees are mandated by Section 73.092, Fla. Stat., and are based on 33% of the
difference between any settlement amount and the initial offer, i.e., 0.33 of $800,000.00 -
5691,400.00).
FISCAL IMPACT: Funds in the an10unt of $48,038.00 will come from Gas Taxes, Impact
Fees and Ad Valorem. Lasip Project will share 58% of this cost. Source of funds are Impact
Fees, Gas Taxes and Ad Valorem.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, is not quasi-
judicial and as such, ex-parte disclosure is not required. This item requires only a majority vote.
RNZ
RECOMMENDA TION: That the Board of County Commissioners approve the making of
the attaehed Offer of Judgment for Parcel 115FEE to Respondent in the amount of 5800,000.00,
and authorize payment, if offer is accepted.
PREPARED BY: Robert N. Zachary, Assistant County Attorney
CP:07-4268:2573
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Agenda Item f\Jo. 16K 1
December 16, 2008
Page 3 of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Recommendation to authorize an Offer of Judgment for Parcel 115FEE by Collier County to
property owner Norma Farmilo, Individually and as Trustee, In the lawsuit styled CC v.
Robbie L. Rayburn. et aI., Case No. 07-4268-CA (Santa Barbara Boulevard Extension
Project No. 60091) (Fiscal Impact If accepted. $48.038 00)
12116/200890000 AM
Prepared By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney Office
Date
12/5/20084:05:33 PM
Appro....ed By
County Attorney
Assistant County Attorney
County Attorney Office
Date
Jeff Klatzkow
1215/20084:22 PM
Approved By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney Office
Date
1215/20085:08 PM
Approved By
Brian Hancock
Operations Support Manager
Date
Transportation Division
Transportation Administration
12/81'20088:12 AM
Approyed By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
1218/20083:35 PM
Apl)rO\'cd B,y
Gary Putaansuu
Principal Project Manager
Date
Transportation Services
Transportation Engineering and
Construction
1218/20083:44 PM
Approved By
Lisa Taylor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
12/8/20084:28 PM
Approl-'ed By
Gerald Kurtz
Senior Engineer
Stormwater Management
Date
12/8/20084:49 PM
Transportation Services
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
12/9f2008 8:31 AM
Approved By
OivlS Coordinator
Appilcations Analyst
Date
Admlnistr8:tlve SGrv;cf:s
~nfom~a~;vn TechnolGgy
1 ~/9t20az tL39 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
file://C:\AgendaTest\ExDort\ 118-December%20 16.%202008\ 16.%20CONSENT%20AGE...
12/1 0/2008
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/\genda Item No. ! 6K 1
December 16. 2008
Page 4 of 6
County Manager's Office
Office ot Management & Budget
12/9/200812::22 PM
Allproved R}'
James V. Mudd
CO:.Jnty Manager
Date
Board of County
Commissioners
County Manager's Office
12/9/20081 :11 PM
file://C:\AgendaTest\ExD011\ 118-December%20 16.%202008\ 16.%20CONSENT%20AGF.... 12/10/2008
Agenda Item No. 16K 1
December 16, 2008
Page 5 of 6
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. 07-4268-CA
v.
ROBBIE L. RAYBURN, INDIVIDUALLY
AND AS TRUSTEE, et aI.,
Parcel: 115FEE
Respondents,
/
OFFER OF JUDGMENT
TO: Norma R. Farmilo, Individually and as Trustee
of the Norma R. Farmilo Trust dated June 28,
1988 as amended
c/oBella Y. Patel, Esquire
LA W OFFICE OF BELLA Y. PATEL, P .A.
13026 Waterford Run Drive
Riverview, FL 33569
AND
Menelaos Papalas, Esquire
ORA YROBINSON,PA
50 North Laura Street, Suite 1 100
Jacksonville, FL 32202
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida
Statutes, and Fla, R. Civ. P. 1.442, does hereby make this binding offer of judgment in the Santa
Barbara Boulevard Extension project, Number 60091 and Lely Area Stormwater Improvement
project, Number 5110 I, to the Respondent, NORMA R. F ARMILO, Individually and as Trustee
of THE NORMA R. FARMILO TRUST DATED JUNE 28, 1988 AS AMENDED
("Respondent"), in settlement of all claims concerning Parcel 115 and the remainder property,
)\oenda !1em f\lo. .16K 1
~ December 16_ 2008
Page 6 of 6
including full compensation for the taking, and any improvements, severance damages, business
damages, costs to cure, statutory interest and any other claims of Respondent arising out of the
taking of Parcel I 15FEE for the sum of$800,000.00, inclusive of the remainder of the tract, for a
total of approximately 4.85 acres. The County will be entitled to credit for its good faith deposit
amount of$787,800.00 deposited pursuant to the Order of Taking dated March 17, 2008.
There are no non-monetary terms or other relevant conditions to this offer except that this
offer is inclusive of interest from the date of the Order of Taking and is exclusive of expert fees
and costs and attorney's 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 the Respondent's review upon reasonable notice
of such a request.
Dated this day of December, 2008.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
BY:
~ ROBERT N. ZACHARY, ESQUIRE
ASSISTANT COUNTY ATTORNEY
Florida Bar No. 816604
ATTORNEY FOR PETITIONER
CPD7-426B.2S 74
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