HomeMy WebLinkAboutIII (B) Approval and Authorization for City Attorney or Assistant City Attorney to Excute a Final Judgement for the Settlement of Experts' Fees and Costs for Parcels 101 and 102 in the Amount of $43,481.50 Agenda 6-04-2002
Item III B
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MEMORANDUM
CLIENT MATTER NUMBER
0203JI OS/4
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Mary A. Doty, Esq., Assistant City Attorney 1 1
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: May 14, 2002
RE: City of Ocoee vs. Cortez: Proposed Settlement of Experts' Fees and Costs for
Parcels 101 and 102
As part of the City Fire Station One Relocation Project, the City acquired Parcels
101 and 102. Parcel 101, formerly owned by Edwin and Donna Cortez, was settled in September
2001 with the Cortez' acceptance of the City's offer of judgment. As you know Parcel 102 went
to trial in October. Pursuant to Florida Statutes, the City is responsible for the reasonable expert
fees incurred on behalf of the Cortezes and Barley in the prosecution of these lawsuits. The
Cortezes and Barley both utilized the services of the same four experts: Allen Angus, James
Ward of CB Richard Ellis, Dan Morris of Morris Engineering, and Ed Williams of Williams
Development Services. Counsel for the Cortezes and Barley also submitted a $3,400.00 bill for
appraisal services provided by Ted Hastings and $556.00 of costs incurred by the Fixel and
Maguire law firm. All totaled, the Cortezes and Barley submitted experts' fees and costs in the
amount of 591,127.14. Because the jury verdict did not exceed the offer of judgment,
$43,186.12 of the submitted costs are not eligible for reimbursement based on the provisions of
Florida Statutes.
After review of the invoices, I was able to negotiate small reductions in the
remaining invoice total of $47,941.05. Based on these negotiations, the Cortezes and Barley
experts arc now willing to settle their invoices as set forth below:
Allen Angus $2,581.50
CB Richard Ellis $25,000.00
006.266464.1 FOLEY&LARDNER
FOLEY : LARDNER
Morris Engineering S4,800.00
Hastings & Spivey S2,800.00
Williams Development Services $8,300.00
Total: $43,481.50
Recommendation:
It is respectfully recommended that the Mayor and City Commissioners approve
settlement of the experts' fees and costs for Parcels 101 and 102 by payment of the amounts set
forth above and authorizing the City Attorney or Assistant City Attorney to execute a final
judgment for these amounts.
MAD/j Ic
cc: Jim Gleason, City Manager
2
006.256454.1