Agenda 07/22/2008 Item #16K 9Agenda Item No. 16K9
July 22, 2008
Page 1 of 6
EXECUTIVE SUMMARY
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 al., Case No. 07- 4268 -CA (Santa Barbara Boulevard Extension
Project No. 60091) (Positive Fiscal Impact: If accepted, refund of $ 50,382).
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 al., 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
Farmilo 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 and for severance damages to the remainder land (1.06 acres).
This offer was not accepted and on November 9, 2007, the County filed suit to condemn Parcel
115FEE for the construction of the Santa Barbara Boulevard Extension project. On March 26,
2008, Collier County deposited in the court registry the sum of $787,800.00 for Parcel 115FEE
in accordance with the Stipulated Order of Taking. Although the County stipulated to deposit
this sum, it is not bound by this amount, nor is the jury bound by this figure in its determination
of compensation. Mediation was held on February 7, 2008, and an impasse reached. This case
has been set for trial on September 15, 2008. Although the final trial appraisal had not been
exchanged at the time of the drafting of this executive summary, Respondent previously claimed
compensation in the amount of $1,123,273. Her claim is not expected to be below $1,000,000 at
trial.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $726,000 for Parcel 115FEE, which 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 expires. Although it is not expected
that the Respondent will accept the offer, it will require that she carefully 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:
Total Compensation: $ 726,000.00
Attorney Fees $ 11.418.00
Subtotal: $ 737,418.00
Deposit $ 787,800.00
Refund to County $ 50,382.00
This item is legally sufficient for Board action.
Agenda Item No. 116K9
July 22, 2008
Page 2 of 6
FISCAL IMPACT: if accepted, County will be entitled to a refund of $50,382. These monies
would go back to their original source, Impact Fees and /or Gas Taxes.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the making of
the attached Offer of Judgment for Parcel 115FEE to Respondent $726,000, and authorize
payment, if offer is accepted.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
CP:07- 4268;2135
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Page I of 2
Agenda Item No. 1i
July 22, 2008
Page 3 of 6
file: / /C:AAeendaTest \Exnort\ 111 -July% 2022.% 202008 \16. %2000NSF.NT %20AC,F.NDA \1_._ 7/15/2009
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K9
Item Summary:
Recommendation to authorize an Offer of Judgment for Parcel 115FEE by Collier County to
property owner Norma Fam ilo, Individually and as Trustee,
in the lawsuit styled CC v.
Robbie L. Rayburn. at al., Case No. 07- 4268 -CA (Santa
Barbara Boulevard Extension
Project No 60091) (Positive Fiscal Impact. If accepted. refund of $ 50,382).
Meeting Date:
7/22/2008 9.00:00 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/9/2008 1:22:21 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
7/9/2008 1:45 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
7/9/2008 1:51 PM
Approved By
Na1eh Ahmed
Director
Date
Transportation Engineering &
Transportation Services
Construction Management
7/912008 1:52 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
7/912008 1:56 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
719/2008 2:42 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
71912008 3:19 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/912008 4:25 PM
_ Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
7/912008 6:21 PM
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Page 2 of 2
Agenda Item No. 16K9
July 22, 2008
Page 4 of 6
Approved By
James V. Mudd County Manager Date
Board of County
County Manager's Office 711 01200 8 11:25 AM
Commissioners
fi1e: / /C:AAQendaTest \F,xnort\111 -]u1v %2022 % ?02009 \l6 % ?0C0NSFNT %?0ACCFNnA \1 7/150011R
Agenda Item No. 16K9
July 22, 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 Parcel: 115FEE
AND AS TRUSTEE, et al.,
Respondents.
II
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
LAW OFFICE OF BELLA Y. PATEL, P.A.
13026 Waterford Run Drive
Riverview, FL 33569
AND
Menelaus Papalas, Esquire
GRAYROBINSON,P.A.
50 North Laura Street, Suite 1100
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 this action
to the Respondent, NORMA R. FARMILO, Individually and as Trustee of THE NORMA R.
FARMILO TRUST DATED JUNE 28, 1988 AS AMENDED ( "Respondent'), 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 Respondent arising out of the
Agenda Item No. 16K9
July 22.. 2008
Page 6 of 6
taking of Parcel 115FEE for the sum of $726,000.00. The County will be entitled to a refund of
850,382.00 from the 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 does include interest from the date of the Order of Taking but does not include attorneys'
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 July, 2008.
CP:07 -0268R095
2
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252 - 8400 — Telephone
(239) 252 -6300 — Facsimile
LEN
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
ATTORNEY FOR PETITIONER