Agenda 01/24/2012 Item #16K11/24/2012 Item 16.x.1.
0*1*11 r ,
Recommendation to approve an Agreed Order for expert fees and costs and attorney's fees
for Parcels 105FEE/TCE and 106FEE/TCE, and a Stipulated Final Judgment for
compensation. as to Parcel Nos. 106FEE/TCE, in the combined amount of $41,219.17 is the
lawsuit styled Golfer County v Annette Pocchi; et aL, Case No. 10- 2682 -CA (Comer
Boulevard Project No. 68056) (Fiscal Impact $.28,819,17).
OBJECTIVE: That the Board approve an Agreed Order for expert fees and costs and attorney's
fees, and a Stipulated Final Judgment for full compensation, for the taking of Parcel Nos.
1,05FEE/TCE and 106FEE/TCE, in Collier County v. Annette Pocchi, et al., Case No. 10 -2682-
CA, Collier Boulevard Project No. 68056.
CONSIDERATIONS:
Parcel 105FEE/TCE: The Board previously settled compensation with owner, Annette Pocchi,
for Parcels 105FEE/TCE (see May 10, 2011, Item No. 16.x.3), leaving - expert costs and
attorney's fees as the only remaining matters to resolve in relation to parcels 105FEE and
105TCE.
Parce1106FEE/TCE. On June 14, 2011, under Item No. 16.x.5, the Board approved an Offer of
Judgment in the amount of $17,400 as full compensation for Parcels 106FEE and 106TCE,
excluding attorney's fees, expert fees and costs. The owner of these parcels, Pocchi
Construction, Inc., countered with an offer to settle for $100 over the County's offered amount
(i.e., for $17,500). $12,400 of this amount has already been disbursed to the owner.
Combined settlement. The total combined settlement payment for both sets of parcels is
$41,219.17, which consists of the previously disbursed sum of $12,400, plus the following:
- $5,000 (previously approved by offer of judgment) plus $100 as the balance of
compensation for .Parcel 106FEE/TCE ($12,400 was previously disbursed);
- $23,719.17, representing combined attorney's fees, and expert fees and costs for Parcels
105FEE/TCE and 106FEE/TCE. (This total is for attoney's fees and expert fees and
costs of one appraiser, one engineer, and one planner who analyzed two parent tracts,
owned by two different although related property owners).
Staff finds this settlement to be reasonable and recommends approval, as this amount covers two
parcels, two owners, and the combined work of three experts on two separate parcels.
The County Attorney's Office has reviewed all considerations relating to this proposed
settlement, and has calculated in good faith this offer of full compensation for the property
interests taken, plus costs and fees.
FISCAL IMPACT: Funds in the amount of $28,819.17 are available from impact fees.
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1/24/2012 Item 16.x.1.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1.
1/24/2012 Item 16.K.1.
Item Summary: Recommendation to approve an Agreed Order for expert fees and costs
and attorney's fees for Parcels 105FEE /TCE and 106FEE/TCE, and a Stipulated Final Judgment
for compensation as to Parcel Nos. 106FEE /TCE, in the combined amount of $41,219.17 in the
lawsuit styled Collier County v. Annette Pocchi, et al., Case No. 10- 2682 -CA (Collier Boulevard
Project No. 68056) (Fiscal Impact $28,819.17).
Meeting Date: 1/24/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/11/2012 4:02:18 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way,Transportation Engineering
Date: 1/11/2012 5:06:31 PM
Name: TaylorLisa
Title: Management /Budget Analyst,Transportation Administr
Date: 1/12/2012 10:11:14 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 1/12/2012 11:05:10 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/12/2012 2:02:55 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 1/12/2012 2:38:48 PM
Name: UsherSusan
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1/24/2012 Item 16.K.1.
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 1/17/2012 10:59:12 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/17/2012 1:24:55 PM
Name: SheffieldMichael
Title: Manager - Business Operations, CMO
Date: 1/17/2012 1:39:36 PM
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1/24/2012 Item 16.x.1.
IL
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.
ANNETTE POCCHI, et. al.
Respondents.
CASE NO. 10- 2682 -CA
Parcels: 106FEE, 106TCE
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent,
POCCHI CONSTRUCTION, INC., by and through their undersigned counsel, for entry of a
Stipulated Final Judgment as to Parcels 106FEE and 106TCE for Project No.68056, and it
appearing to the Court that the parties are authorized to make such Motion, the Court finding that
the compensation to be paid by Petitioner is the full compensation due the Respondent, POCCHI
CONSTRUCTION, INC., and the Court being otherwise fully advised in the premises thereof, it is
thereupon
ORDERED AND ADJUDGED that Respondent, POCCHI CONSTRUCTION, INC., have
and recover from Petitioner, COLLIER COUNTY, FLORIDA, the total sum of Seventeen
Thousand Five Hundred Dollars and No /100 Dollars ($17,500) for Parcels 106FEE and 106TCE, as
full payment for the property interest taken and for damages resulting to the remainder, if less than
the entire property was taken, and for all other damages in connection with said parcel; it is further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$12,400; it is further
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1/24/2012 Item 16.K.1.
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay n
an additional Five Thousand One Hundred and No /100 Dollars ($5,100) to Respondent, exclusive
of attorney's fees, expert fees and costs; it is further
ORDERED AND ADJUDGED that within thirty (30) days hereof, Petitioner shall pay for
the benefit of POCCHI CONSTRUCTION, INC., Five Thousand One Hundred and No /100
Dollars ($5,100), to Fowler White Boggs, P.A. Trust Account c/o Fred S. Werdine, Esquire, P.O.
Box 1438, Tampa, Florida 33601; it is further
ORDERED AND ADJUDGED that this Court reserves jurisdiction as to an award of expert
fees and costs in this case as well as any attorney's fees incurred under Section 73.092(2), Florida
Statutes; it is father
ORDERED AND ADJUDGED that title to Parcel 106FEE, fee simple and Parcel 106TCE,
temporary construction easement, being fully described in Exhibit "A" attached hereto and
incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated October 7,
2010, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above - styled
cause and recorded in Official Record Book 4559, Page 1149 of the Public Records of Collier
County, Florida be dismissed as to Parcels 106FEE and 106TCE; it is further
ORDERED AND ADJUDGED that the Court reserves jurisdiction to enforce the terms of
this Stipulated Final Judgment; it is further
ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the
Official Records of Collier County, Florida; it is further
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of , 2011.
HONORABLE CYNTHIA A. PIVACEK
CIRCUIT COURT JUDGE
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I.
1/24/2012 Item 16.K.1. -
conformed copies to:
Jeff-E. Wright, Esquire
Fred S. Wcrdine, Esquire
Ugo Pocchi
Kevin Hendricks, Acquisition Mgr./Tnmsp.
Clerks Accounting
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent, POCCHI
CONSTRUCTION, INC., hereby respectfully move for entry of the foregoing Stipulated Final
Judgment as to Parcels 106FEE and 106TCE.
Dated: Dated:
F S. WERDINE, ESQUIRE
Florida Bar No. 0614483
MEREDITH S. DELCAMP, ESQUIRE
Florida Bar No. 0016242
FOWLER WHITE BOGGS P.A.
P.O. Box 1438
Tampa, Florida 33601
(813) 228 -7411— Telephone
(813) 229 -8313- Facsimile
ATTORNEY FOR RESPONDENT,
10- 2682 -CA/I 195
JEFF E. WRIGHT, ESQUIRE
Florida Bar No. 20203
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail -Ste. 800
Naples, Florida 34112
(239) 252 -8400 - Telephone
(239) 252 -6300 - Facsimile
ATTORNEY FOR PETITIONER
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1/24/2012 Item 16.K.1.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA n
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Petitioner,
v
CASE NO. 10- 2682 -CA
Parcels: 105FEE, 105TCE, 106FEE,
ANNETTE POCCHI, et. al. 106TCE
Respondents.
AGREED ORDER AWARDING EXPERT FEES AND
ATTORNEY FEES AND COSTS
THIS CAUSE, having come before the Court upon joint motion made by Petitioner,
COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents,
ANNETTE POCCHI and POCCHI CONSTRUCTION, INC., by and through its undersigned
counsel, for entry of an Agreed Order for Expert Fees, Attorney Fees and Costs, and the Court
being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Respondents, ANNETTE POCCHI and POCCHI
CONSTRUCTION, INC., receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of
Twenty -Three Thousand Seven Hundred Nineteen Dollars and 17/100 ($23,719.17) for expert
fees, attorney fees and costs incurred in connection with Parcels 105FEE, 105TCE, 106FEE and
106TCE; it is further
ORDERED that within thirty (30) days of receipt of the Agreed Order entered by the Court,
Petitioner, COLLIER COUNTY, FLORIDA, shall disburse the sum of Twenty -Three Thousand
Seven Hundred Nineteen Dollars and 17/100 ($23,719.17) for the benefit of Respondents,
ANNETTE POCCHI and POCCHI CONSTRUCTION, INC., to Fowler White Boggs, P.A. Trust
Account c/o Fred S. Werdine, Esquire, P.O. Box 1438, Tampa, Florida 33601, for expert fees,
attorney fees and costs in connection with Parcels 105FEE, 105TCE, 106FEE and 106TCE; it is
further
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1/24/2012 Item 16.K.1.
ORDERED that this Order disposes of all remaining claims arising out of the taking of
Parcels 105FEE, 105TCE, 106FEE and 106TCE and that have or could have been asserted in this
cause.
DONE AND ORDERED this _ day of
County, Florida.
Conformed copies to:
Jeff E. Wright, Esquire
Fred S. Werdine, Esquire
Ugo Pocchi
Kevin Hendricks, Acquisition Mgr./Transp.
Clerks Accounting
2012, in Naples, Collier
CIRCUIT COURT JUDGE
JOINT MOTION
The Parties, by and through their undersigned attorneys, hereby move for entry of the
foregoing Agreed Order as to Parcels 105FEE, 105TCE, 106FEE and 106TCE.
Dated:
FRED S. WERDINE, ESQUIRE
Florida Bar No. 0614483
MEREDITH S. DELCAMP, ESQUIRE
Florida Bar No. 0016242
FOWLER WHITE BOGGS P.A.
P.O. Box 1438
Tampa, Florida 33601
(813) 228 -7411— Telephone
(813) 229 -8313- Facsimile
ATTORNEY FOR RESPONDENT,
10- 2682- CA/1203
Dated:
41�j
JEFF E. WRIGHT, ESQUIRE
Florida Bar No. 20203
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building
3299 East Tamiami Trail -Ste. 800
Naples, Florida 34112
(239) 252 -8400 - Telephone
(239) 252 -6300 - Facsimile
ATTORNEY FOR PETITIONER
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