Agenda 06/14/2011 Item #16K5
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6/14/2011 Item 16.K.5.
EXECUTIVE SUMMARY
Recommendation to authorize the making of an Offer of Judgment to Respondent, Pocchi
Construction, Inc., for Parcel Nos. 106FEE and 106TCE in the amount of $17,400 in the
lawsuit styled Collier County v. Annette PoccJzi, et al., Case No. 10-2682-CA (Collier
Boulevard Project No. 68056) (Fiscal Impact $5,000).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to property owner, Pocchi Construction, Inc., in the amount of
$17,400, as full compensation, excepting attorney's fees and costs, for condemnation of Parcel
Nos. 106FEE and 106TCE in Collier County v. Annette Pocchi, et a/., Case No. 10-2682-CA,
Collier Boulevard Project No. 68056.
CONSIDERA TIONS: Collier County condemned 0.133 acres fee simple (parcel 106FEE)
and 0.019 acres proposed 36 month temporary construction easement (parcel I06TCE) from the
property owner, Pocchi Construction, Inc. The County's initial appraisal dated February 4, 2008,
valued the taking at $14,600 for Parcel 106FEE and $600 for Parcel 106TCE. The County
offered the owner $25,100 for Parcel 106FEE (which included severance damages of $10,500)
and $600 for Parcell 06TCE as the County's statutory offer on June 19,2008. The offer was not
accepted. A second appraisal dated August 13, 2010, reflects a reduction in value of Parcels
106FEE and 106TCE to $12,400, combined (including $8,500 in severance dan1ages). An Order
of Taking hearing was held on October 7,2010, and the County deposited the sum of$12,400 in
the Court Registry. This amount has since been withdrawn by the property owner.
The County Attorney's Office and staff would like to make an Offer of Judgment in the amount
of $17,400 as full compensation for Parcels 106FEE and 106TCE, less attorney's fees, expert
fees and costs, which will expire in 30 days unless extended by the County or accepted. If the
property ovmer accepts the offer, the County will be required to pay an additional $5,000, which
will be paid to the propeliy owner by Stipulated Final Judgment of the court. If the property
owner rejects the offer and fails to recover more than $17,400 for Parcels 106FEE and 106TCE,
either through settlement or jury verdict, the County will not be required to pay any costs
incurred by the propeliy owner after the date of the offer's rejection. This would include any
expert witness fees, such as appraisal fees.
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 tenns of the Offer of Judgment to be reasonable. The Offer of
Judgment is attached hereto as Exhibit "A".
FISCAL IMP ACT: Funds in the an10unt of $5,000 are available from impact fees. Source of
funds are Impact Fees.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for approval. -JW
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6/14/2Q11 Item 16.K.5.
. GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TJON: That the Board of County Commissioners:
1. Approve the terms of the Offer of Judgment and authorize its service on the property
O'WJ1er;
2. Approve the expenditure offunds as stated, if the offer is accepted.
Prepared by: JeffE. Wright, Assistant County Attorney
10-2682CA/1166
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6/14/2011 Item 16.K.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5.
Item Summary: Recommendation to authorize the making of an Offer of Judgment to
Respondent, Pocchi Construction, Inc., for Parcel Nos. 106FEE and 106TCE in the amount of
$17,400 in the lawsuit styled Collier County v. Annette Pocchi, et aI., Case No. 10-2682-CA
(Collier Boulevard Project No. 68056) (Fiscal Impact $5,000).
Meeting Date: 6/14/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/16/2011 2:23:25 PM
Approved By
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering
Date: 5/17/2011 10:09:45 AM
Name: TaylorLisa
Title: ManagementlBudget Analyst,Transportation Administr
Date: 5/17/20113:16:14 PM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 5/24/2011 3:20:35 PM
Name: FederNonuan
Title: Administrator - Growth Management Div,Transportati
Date: 5/24/2011 3:34:13 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 5/24/20114:34:10 PM
Name: KlatzkowJeff
Title: County Attorney,
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6/14/2011 Item 16.K.5.
. Date: 5/25/2011 3:26:42 PM
Name: UsherSusan
Title: ManagementlBudget Analyst, Senior,Office of Manage
Date: 6/2/2011 4:13:16 PM
Name: OchsLeo
Title: County Manager
Date: 6/5/2011 2:42:02 PM
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6/14/2011 Item 16.K.5.
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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,
CASE NO.1 0-2682-CA
v.
Parcels: 106FEE, 106TCE
ANNETTE POCCHI, et. al.
Respondents.
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OFFER OF JUDGMENT
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TO: Pocchi Construction, Inc.
c/o Frederick S. Werdine, Esquire
Fowler, White, Boggs, Banker, P.A.
501 East Kennedy Boulevard
Suite 1700
Tampa, Florida 33602-5239
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 ~he
Collier Boulevard Project Number 68056, to the Respondent, POCCHI CONSTRUCTION, INC.
("Respondent"), in settlement of all Claims concerning Parcel Numbers 106FEE and 106TCE,
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 taking of Parcels 106FEE and 106TCE for the sum of$17,400.00, which includes the amount
of$12,400.00 deposited pursuant to the Order of Taking dated October 7,2010. This Offer of
Judgment is subjection to apportionment, if any.
There are no non-monetary terms or other relevant conditions to this offer except that tIns
. offer does include interest from the date of the Order of Taking but does not include attomey's
fees and costs.
eXHIBIT
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I 6/14/2011 Item 16.K.5.
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! The construction plans and specifications for the project on which the offer is based have .
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been previously and continue to be available for the Respondent's review upon reasonable notice
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of such. a request.
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! This Offer of Judgment was approved by the Board of County Commissioners on the
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_!dayof ,2011.
,2011.
OFFICE OF THE COUNTY ATTORNEY
Hannon Turner Building
3299 East Tamiami Trail-Ste. 800
Naples, Florida 34112
(239) 252-8400 - Telephone
(239) 252-6300 - Facsimile
BY: JEFF E. WPJG2/
ASSISTANT COUNTY ATTORNEY
FI01ida Bar No. 20203
ATIORNEY FOR PETITIONER
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