HomeMy WebLinkAboutBack-up Memorandum
;>
,/
= FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT. MATTER NUMBER
020377-0581
TO:
FROM:
Honorable Mayor and City
Commissioners of the City of Ocoee
Paul E. Rosenthal, Esq. 0, /J ./
City Attorney ~ I V
THROUGH: Mary Doty Solik
Assistant City Attorney
DATE:
September 18, 2006
RE:
City of Ocoee: Maguire Road Project - Offer Letters
As you know, we are just starting the appraisal and offer letter process for parcels
needed for the Maguire Road Phase V widening. In the past, I have utilized the form offer letter
attached to make offers to property owners for properties needed for specific City of Ocoee
projects. The form letter indicates that the offer is subject to City Commission approval. The
written offer letter is meant to comply with Florida Statutes 9 73.015 which addresses pre-suit
negotiations in eminent domain proceedings. The statute requires that prior to filing an eminent
domain petition, the city or county make a written offer to a property owner for the purchase of
the property necessary for the project. A May 2006 Fourth District Court of Appeal decision has
brought to my attention that an offer letter "subject to City Commission approval" is not a valid
offer for purposes of compliance with the statute and will not constitute an offer letter for
purposes of calculating attorneys' fees pursuant to Florida Statutes 9 73.092. Consequently, any
offer letters the City sends out to acquire properties under threat of condemnation need to be pre-
approved by the City Commission.
Other jurisdictions handle this situation by delegating to Senior Staff the authority
to make binding offers at appraised values up to a certain dollar limit. We request that you
consider a de le~atioIl..2f.J\u,tb.Qr.it~"JO.,the.~MaBa8eJ;..alu1J':itYAUQUl~~",~t~,v~(;gyjre .prQPetli~$.~
n~,l!~_fQ.r.Jh\;i__M~~c,R.oad,,Ewj~~,,,~,.tJh$jI.J1P,PI:aised,,x.alue~J,lp,.to .$100~aJ).o..>" Before
making an offer on any property whose appraised value is $100,000.00 or more, Senior Staff will
seek specific prior approval from the City Commission.
I also propose that we address actual delegation of authority on a project by
project basis and that any delegation of authority be limited to a specifically identified project for
which the City Commission has already granted approval.
Attachment
cc: David Wheeler
ORLA_ 419103,1
..
/
,2006
ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FL 32801.2386
P. O. BOX 2193
ORLANDO. FL 32802.2193
407.423.7656 TEL
407.648.1743 FAX
www.foley.com
WRITER'S DIRECT LINE
407.244.3259
msolik@foley.com EMAIL
CERTIFIED MAIL
RE'TURN RECEIPT REQUESTED
CLIENT IMATTER NUM8ER
020377 .0581
Re: City of Ocoee: Maguire Road Phase V Widening Project - Parcel_
Dear Property Owner:
This law firm serves as the City Attorney for the City of Ocoee. The City of Ocoee is in the
final stages of designing the Maguire Road Phase V Widening Project. The Project entails widening
Maguire Road to four lanes from your property to Story/Geneva Road. The design of this project
requires the acquisition of some private property needed for the widening. The property needed
from you is described in the enclosed sketch and legal description (hereinafter referred to as Parcel
).
The City of Ocoee may only acquire your property upon payment of just compensation to
you for the fair market value of the property required for the project. To this end the City has had
Parcel _ appraised by Dan DeRango of DeRango, Best, & Associates, who determined the
amount of just compensation for Parcel_ to be $
This letter sets forth the willingness of the City of Ocoee staff to recommend to the City
Commission that Parcel be purchased from you for $ with the conveyance of
clear title. Any agreement, however, is subject to the approval of the City of Ocoee City
Commission.
Pursuant to Florida Statutes g73.015 (2005), you may request copies of the appraisal upon
which this offer is based. You may also request copies of other materials, to the extent they are
prepared, that relate to the proposed acquisition and the improvements proposed to be placed on your
property. These documents will be provided to you within 15 days of receipt of such a request.
Should the City of Ocoee institute legal action to acquire a portion of your property it would be
obligated, subject to the limitations in sections 73.032, 73.091 and 73.092, Florida Statutes, to pay
for reasonable fees and costs incurred in the defense of the proceedings in Circuit Court. Copies of
Sections 73.032, 73.091, and 73.092, Florida Statutes, are enclosed for your review. Such fees and
costs may include, but are not limited to, reasonable attorneys' fees and reasonable appraisal fees.
These fees and costs will be assessed by the Court at the conclusion of any legal proceedings
initiated by the City, or during negotiations with you.
" (, I
BOSTON
BRUSSELS
CHICAGO
DETROIT
JACKSONVILLE
ORLA_ 422427.1
LOS ANGELES
MADISON
MILWAUKEE
NEW YORK
ORLANDO
SACRAMENTO
SAN DIEGO
SAN 01 EGO/DEL MAR
SAN FRANCISCO
SILICON VALLEY
TALLAHASSEE
TAMPA
TOKYO
WASHINGTON. D.C.
#
: FOLEY
FOL.EY & LARDNER LLP
,2006
Page 2
Enclosed are two original Purchase Agreements. If these meet with your approval, please
execute both originals and return to me for execution by the City of Ocoee. Please do not date the
Agreements. The date will be filled in at the time of execution by the City. Also enclosed are two
original Disclosure of Beneficial Interests in Real Property forms. This form must be completed
pursuant to Florida Statutes g286.23 (2005). Only one original of this form needs to be returned to
me.
The amount offered is fair and full compensation for the proposed acquisition and we
sincerely wish to come to an amicable agreement with you for the acquisition of your property. We
are willing to meet with you to explain the offer and the proposed acquisition and answer any
questions or concerns you have throughout the negotiations and acquisition process.
Very truly yours,
Mary D. Solik
Assistant City Attorney
MAD/jlc
Enclosures
cc: Robert Frank
David Wheeler
ORLA_ 422427.1