The URL can be used to link to this page

Home My WebLink AboutVII(E) Maguire Road: Discussion Of Offfers Of Judgement - Parcels 101, 103, And 104 A-1.5V11LLa O-1J-GVVV Item VII E FOLEY & LARDNER ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2 193 SACRAMENTO DENVER ORLANDO. FLORIDA 32802-2 193 SAN DIEGO JACKSONVILLE I I I NORTH ORANGE AVENUE, SUITE 1800 SAN FRANCISCO LOS ANGELES ORLANDO, FLORIDA 3280 I-2386 TALLAHASSEE MADISON TELEPHONE: (407)423-7656 TAM PA MILWAUKEE FACSIMILE: (407)648-1743 WASHINGTON, D.C. ORLANDO WEST PALM BEACH WRITER'S DIRECT LINE EMAIL ADDRESS (407)423-7656 CLIENT/MATTER NUMBER mdoty@foleylaw.com 020377-0517 MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Mary A. Doty, Esq., Assistant City Attorney THROUGH: Paul E. Rosenthal, Esq., City Attorney DATE: August 8, 2000 RE: Maguire Road Condemnation: Parcels 101, 103, and 104 Attached is correspondence received from Christy Wilson, counsel for Gordon Nutt, enclosing Offers of Judgment on Parcels 101, 103, and 104. These three parcels are the only remaining unsettled parcels in the Maguire Road condemnation litigation. Offers of Judgment are a mechanism in the Florida eminent domain statute designed to promote settlements. Both condemning authorities and property owners may serve offers of judgment on the adverse party. The party receiving the offer has 30 days from the date of service to accept the offer. If no acceptance is served within 30 days, the offer is deemed rejected. The deadline for responding to these offers is August 30, 2000. The risk to a condemning authority of rejecting a property owner's offer of judgment is that if the ultimate settlement or verdict is equal to or greater than the offer, the property owner is entitled to payment of attorneys' fees on a reasonable hourly basis rather than the statutory formula which is based on the amount of the benefit. 006.190162 ESTABLISHED 1 8 4 2 A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,SINGAPORE,STOCKHOLM AND STUTTGART FOLEY & LARDNER The Honorable Mayor and City Commissioners of the City of Ocoee August 8, 2000 Page 2 Set forth below is a comparison of the amounts deposited by the City in the Court Registry pursuant to the Order of Taking and the amounts tendered as Offers of Judgment by Mr. Nutt: Amount Deposited Amount of Offer of By City Judgment Parcel 101 $ 7,035.00 $ 6,200.00 Parcel 103 $ 2,984.00 $ 5,500.00 Parcel 104 $29,750.00 $91,000.00 As the Offers of Judgment indicate they are inclusive of interest and attorneys' fees and costs. The cover letter accompanying the offers reiterates that they are being made with a waiver of attorneys' fees. Mr. Nutt has requested however, reimbursement of $4,300.00 for survey work. As indicated, Mr. Nutt has not obtained appraisals for these properties and, consequently, has not incurred this reimbursable cost. Subject to review of the actual invoice, I would also recommend payment of the surveying costs. The Offer of Judgment for Parcel 101 is actually less than the amount deposited in the court registry and I recommend that this offer be accepted immediately. Although the offer for Parcel 103 is almost twice the amount deposited by the City in the court registry, I also recommend that this be accepted simply due to its cost effectiveness. This amount includes any attorneys' fees liability. The City's initial offer for this parcel was $1,050.00. Due to an appraisal update the City deposited $2,984.00 in the court registry. This fact alone exposes the City to attorneys' fees of almost $700.00. If Mr. Nutt were to have his property appraised, it is my opinion that this cost, when added to the land value and attorneys' fees, would approximate his offer of judgment. As to Parcel 104, the correspondence accompanying the offers indicates that this offer is predicated on the fact that Mr. Nutt's property has an approved preliminary subdivision plan for commercial and adult congregate living facilities from Orange County. Our research does not indicate that there was preliminary subdivision plan approval as of the date of taking. I have asked Mr. Wilson to provide me with a copy of the approved preliminary subdivision plan. I am also aware that Mr. Nutt has sold some property to a third party in this general location and I have asked Mr. Wilson to confirm whether or not Mr. Nutt still owns the remainder property. If any of his commercial property has transacted recently the sales price would be a relevant factor for both parties in the prosecution of this litigation. Mr. Wilson indicated that he would get back to me on these issues. Until I have all of this information, I cannot recommend that the offer of judgment for Parcel 104 be accepted. 006.190162 FOLEY & LARDNER The Honorable Mayor and City Commissioners of the City of Ocoee August 8, 2000 Page 3 RECOMMENDATION: It is respectfully recommended that the Mayor and City Commissioners: 1. Accept the Offers of Judgment for Parcels 101 and 103; and 2. authorize the City Attorney to execute any and all documents necessary to finalize the Offers of Judgment for Parcels 101 and 103; and 3. authorize the payment of an amount not to exceed $4,300.00, subject to invoice review by the City Attorney, for surveying costs incurred by the property owners of Parcels 101, 103, and 104; and 4. reject the Offer of Judgment on Parcel 104. cc: Ellis Shapiro, City Manager James W. Shira, P.E., City Engineer 006.190162 WILSON , LEAVITT & SMALL A Professional Association 437 N. MAGNOLIA AVENUE ORLANDO. FI.ORIDA 32801-1524 Telephone: (407) 843-4321 Facsimile: (407) 423-1505 July 31, 2000 IN AID OF SETTLEMENT AND WITHOUT PREJUDICE Mary A. Doty, Esquire Foley & Lardner ill N. Orange Avenue, Suite 1800 Orlando, FL 32802-2193 RE: Case: Ocoee v. Glenmuir Properties Parcels : 101, 103, 104 Our File: SU2265 Dear Ms . Doty: Enclosed please find reverse offers of judgment pursuant to §73 . 032 , Fla. Stat. (1999) on parcels 101, 103 and 104 . As you can see, the offer for parcels 101 and 103 are based on a value of $52 , 000 per acre, which we believe is supported by the market in the area. Our offer for parcel 104 is based upon the fact that the property has an approved preliminary sub-division plan which includes commercial and adult congregate living facilities . The values for the separate portions of the property are different. For settlement purposes we have chosen to utilize individual use prices as opposed to a blended rate. The corner commercial portion of parcel 104 we have estimated at $14 . 90 per square foot which, again, is amply supportable in the area. Multiplying this per square foot value by the approximate 5 , 700 square feet of commercial land in the taking yields $84 , 930 . The adult congregate living portion of parcel 104 is 1, 734 per square feet, which we believe has a value of $3 . 50 per square foot yielding $6, 070 . 00 . Combining the commercial and adult congregate living portion of parcel 104 yields a total of $91, 000 . WL &s email:wlspa@aol.com http://lawyers.com/eminentdomain Mar_- _. Doty, Esquire . Jul-: 31, 2000 Paae Two RE: Case: Ocoee v. Glenmuir Properties Parcels: 101, 103, 104 Our File: SU2265 We have not yet . retained an appraiser to assist us in this proceeding and have, accordingly, not obligated ourselves to the costs associated with an appraisal. The only costs are to McIntosh and =ssociates to perform updated certified boundary surveys and the associated costs as set forth below: Parcels 101 and 103 $2 , 500 Parcel 104 1, 800 In addition, my client, provided that these offers of judgment are accepted, will waive any attorneys ' fees and costs with the exception of $4, 300 . 00. as set forth above for updated boundary surveys . This waiver is intended as an expression by him of his desire to maintain a good working relationship with the City. Please call me if you have any questions in this regard. Sincerely, J. Christy Wilson, II JCW/jc Enclosure • CC: Mr. Gordon S . Nutt F:\P'_ :P60\WPDATA\Glenmuir\Doty.let.frm • WILSON, LEAVITT & SMALL, P.A. IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: CI 099-9614 DIVISION: 37 CITY OF OCOEE, a municipal corporation created by and existing under :he laws of the State of Florida, Petitioner, v. Parcels 101 GLENMUIR PROPERTIES, LTD. , et al . , Respondents . OFFER OF JUDGMENT Respondent, GLENMUIR PROPERTIES, LTD. , by and through the undersigned counsel, pursuant to §73 . 032, Fla. Stat. (1999) , hereby makes the following offer of judgment to Petitioner, CITY OF OCOEE, as to Parcel 101. 1 . Respondent hereby offers Petitioner, CITY OF OCOEE, judgment in the amount of $6, 200 . 00 , as full payment for the . property taken, described herein as Parcel 101, and for damages resulting to the remainder, if any, and for all other damages of any kind and nature, including interest and attorneys ' fees and costs . 2 . This offer of judgment, on acceptance by Petitioner, CITY OF OCOEE, would settle all pending claims as to Parcel 101 . I HEREBY CERTIFY that a true copy of the foregoing has been 7 furnished by U. S . mail :his 3/. day of - Cift.i , 2000 , to all those addressees cn the attached service WILSON, LEAVITT & SMALL, P .A. 437 North Magnolia Avenue Orlando, FL 32801 (407 ) 843-4321 Attorneys for Glenmuir Properties, Ltd. BY. • ty.yilson, III\ Flori a Ear No. 326161 F:\PUBLIC\WP60\WPDATA\Glenmuir\C.: :31.•.pd SERVICE LIST CITY OF OCOEE v. GLENMUIR PROPERTIES, LTD. , et al . Case Number CI 099-9614 Parcels 101, 103, 104 Mary A. Doty, Esquire Assistant City Attorney Foley & Lardner 111 N. Orange Ave. , Suite 1800 Orlando, FL 32802-2193 Attorney for Petitioner F:\PUBL:ZWP60\WPDATA\Glenmuir\mail.l.st.wpd IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: CI 099-9614 DIVISION: 37 CITY OF OCOEE, a municipal corporation created by and existi._ under the laws of the State of Florida, Petitioner, v. Parcels 103 GLENMUIR PROPERTIES, LTD. , et al. , Res:,ondents . OFFER OF JUDGMENT Respondent, DEVWORTH PROPERTIES, INC. , by and through the undersigned counsel, pursuant to §73 . 032, Fla. Stat. (1999) , hereby makes the following offer of judgment to Petitioner, CITY OF OCOEE, as to Parcel 103 . 1. Respondent hereby offers Petitioner, 'CITY OF OCOEE, judgment in the amount of $5 , 500 . 00 , as full payment for the property taken, described herein as Parcel 103 , and for damages resulti:a to the remainder, if any, and for all other damages of any kind and nature, including interest and attorneys ' fees and costs . 2 . This offer of judgment, on acceptance by Petitioner, CITY OF OCOEE. would settle all pending claims as to Parcel 103 . I HEREBY CERTIFY that a true copy of the foregoing has been furnished by J. S . ail this �/... _ day of ri'v4 , 2000 , to all those addressees on the attached ser-r;;/ce WILSON, LEAVITT & SMALL, P.A. 437 North I!aanolia Avenue Orlando, FL 32801 (407 ) 843-4321 Attorneys for Devworth Properties, Inc . BY: J. Wilson, I Florida mar No . 32616 F:\PUBLIC\WP60\WPDATA\Glenmu:z.0 :03.wpd SERVICE LIST CITY OF OCOEE v. GLENMUIR PROPERTIES, LTD. , et al . Case Number CI 099-9614 Parcels 101, 103, 104 Mary A. Doty, Esquire Assistant City Attorney Foley & Lardner 111 N. Orange Ave . , Suite 1800 Orlando, FL 32802 -2193 Attorney for Petitioner PUBLIC\WP60\WPDATA\Glenmuir\mai:.a:.•.pc IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: CI 099-9614 DIVISION: 37 CITY OF OCOEE, a municipal corporation created by and existing under the laws of the State of Florida, Petitioner, v. Parcels 104 GLENMUIR PROPERTIES, LTD. , et al . , Respondents . OFFER OF JUDGMENT Respondent, GLENMUIR PROPERTIES, LTD. , by and through the undersigned counsel, pursuant to §73 . 032 , Fla. Stat. (1999) , hereby makes the following offer of judgment to Petitioner, CITY OF OCOEE, as to Parcel 104 . 1 . Respondent hereby offers Petitioner, CITY OF OCOEE, judgment in the amount of $91, 000 . 00 , as full payment for the property taken, described herein as Parcel 104, and for damages resulting to the remainder, if any, and for all other damages of any kind and nature, including interest and attorneys ' fees and costs . 2 . This offer of judgment, on acceptance by Petitioner, CITY OF OCOEE, would settle all pending claims as to Parcel 104 . I HEREBY CERTIFY that a true copy of the foregoing has been • furnished by U. S . mail this 3I day of ,- 6/1 , 2000 , to II all =hose addressees on the attached service list . WILSON, LEAVITT & SMALL, P.A. 437 North Magnolia Avenue Orlando, FL 32801 (407 ) 843-4321 Attorneys for Glenmuir Properties, Ltd. • BY: J \� J. Ch Wilson, =I Florida Bar No . 3261c\ F:\PLBL:: WP6OWPDATA\Gienmuir\OJ 104.wpd SERVICE LIST CITY OF OCOEE v. GLENMUIR PROPERTIES, LTD. , et al . Case Number CI 099-9614 Parcels 101, 103, 104 Mary A. Doty, Esquire Assistant City Attorney Foley & Lardiier 111 N. Orange Ave. , Suite 1800 Orlando, FL 32802-2193 Attorney for Petitioner F:\PUBLIC\WP60\WPDATA\Gler=uir\mail.1st.wpd