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HomeMy WebLinkAboutItem #05 Approval of City of Ocoee v. Lakendon, et. al: Parcel 102 - Lakendon, Inc. Mediated Settlement -1 AGENDA ITEM COVER SHEET Meeting Date: November 17, 2009 Item # F5 Contact Name: Contact Number: Mary D. Solik, Special Counsel 407-839-3383 x 216 Reviewed By: Department Director: City Manager: $1/ --- , . Subject: City of Ocoee v. Lakendon, et al.: Parcel 102 Settlement Lakendon, Inc. Mediated Background Summary: Request for approval of mediated settlement agreement in case of City of Ocoee v. Lakendon. et E.L Parcel 102, Lakendon. This case is an eminent domain action to acquire the ROW necessary to construct the Maguire Road Phase V project. Issue: Parcel 102 was mediated on November 6, 2009 and a settlement was reached subject to Commission approval. Recommendations Approve Mediated Settlement Agreement. Attachments: Staff Report attached. Financial Impact: Approval of the Mediated Settlement Agreement will require the payment of $48,204.00 by the City. Type of Item: o Public Hearing o Ordinance First Reading o Ordinance First Reading o Resolution I8J Commission Approval o Discussion & Direction For Clerk's Deaf Use: o Consent Agenda o Public Hearing o Regular Agenda o Original Document/Contract Attached for Execution by City Clerk o Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) 0f0d-;; IZI N/A D N/A D N/A ~U293936.1 Law Offices of John L. Di Masi, P.A. ATTORNEYS AT LAW 801 N. Orange Avenue Suite 500 ORLANDO, FLORIDA 32801 JOHN L. DI MASI, Esquire MARY DOTY SOLIK, Esquire FRANK LACQUANITI, Esquire TIFFANY MOORE RUSSELL, Esquire WENDY SHAY TEMPLE, Esquire TELEPHONE (407) 839-3383 FACSIMILE (407) 839-3384 E-MAIL: msolik@orlando-Iaw.com MEMORANDUM DATE: November 10, 2009 TO: The Honorable Mayor and Commissioners of the City of Ocoee Mary D. SoIik, Esquire un) FROM: RE: City of Ocoee v. Lakendon, Inc. Parcel 102 Mediated Settlement Agreement .................................................................................. BACKGROUND The referenced case is a condemnation action. Parcell 02 has been acquired by the City of Ocoee for the purpose of widening Maguire Road. The date of value is November 3,2008. Parcell 02 was owned by Lakendon, Inc. The property is located on the west side of Maguire Road just north of its intersection with SR 50. Parcell 02 is a :I: 6,586 sq. ft. strip take along the parent tract's Maguire Road frontage. The size of the entire parcel is 1.11 acres. The property is vacant and unimproved. Dan DeRango, the City's appraiser, first appraised the property in 2006. He concluded to a value of $46,103. The initial offer was made to the property owner in this amount. The eminent domain action was filed in 2008 when funds for ROW acquisition were budgeted. Dan DeRango was then directed to update his report. His updated value was $55,983 or $8.50 per square foot. Mr. DeRango did not find any damages caused by the taking. This amount was deposited pursuant to the Order of Taking. Mr. Richard Dreggors appraised the property for Lakendon. Mr. Dreggors concluded to a value of$109,900, broken down as follows: Land: Damages: $ 65,900 $ 44.000 $109,900 Mr. Dreggors' severance damage claim is based on the issue of decreased utility based on an engineering report prepared by Dan Morris, P.E. Mr. Morris finds that the loss in developable square footage in the after condition is higher than the proportionate amount of land acquired. This is due to the small size of the parent tract and application of setbacks set forth in the City's LDC. The matter was mediated on November 6, 2009. The parties reached a mediated settlement agreement in the amount of $177 ,500 for all of the claims, including land value and severance damages. As part of this settlement, the City agreed to reduce certain setbacks and waive landscaping where it would not be visible. A full listing of conditions is set forth on the attached Mediated Settlement Agreement. Also included in the settlement agreement was the payment ofa total of$26,687.00 in expert fees and costs and attorneys fees. Under Florida law, condemning authorities are responsible for the property owner's reasonable expert costs. The condemning authority must also pay attorneys' fees based on a statutory formula for both monetary and non-monetary benefits obtained for the client. The.$26,687 includes $10,361 in attorneys' fees (calculated at the statutory rate), $7,826 for appraisal fees, and $8,500 for engineering fees. The Mediated Settlement Agreement is, however, subject to City Commission approval. It is my opinion this settlement eliminates risk cost affectively and is in the best interest of the City. RECOMMEND A TION It is respectfully recommended that the City Commission approve the Mediated Settlement Agreement, and authorize Staff to execute all documents necessary to conclude these matters. MDS/jc attachment cc: Robert Frank, City Manager David Wheeler IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CITY OF OCOEE, Petitioner, Case No.: CA 08-11495 v. Parcel 102 LAKENDON, INC., et al., Respondent. ! MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on the 6th day of November, 2009, the parties reached the following Settlement Agreement subject to the approval of the City of Ocoee City Commission. 1. petitioner will pay to Respondent, Lakendon,Inc. the sum of $77,500.00 in full settlement of all claims for compensation in this cause including statutory interest, subject to the apportionment claims of the Ocoee Commercial Park Property Owners Association, Inc. 2. Petitioner will pay Respondent attorney's fees, expert's fees, costs and expenses in the amount of $26,687.00. 2. Counsel for Petitioner will submit to the Court for signature a mutually approved form of final judgment of this matter as soon as practical hereafter. 3. Petitioner will deposit in the Court Registry the balance due of $48,204.00 within 30 days of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid final judgment from the Court. 5. The Court will retain jurisdiction herein solely as to the matter of enforcing the terms of the final judgment. 6. Attached hereto is an addendum to this agreement:~ yes ____ no 7. THIS AGREEMENT OF THE PARTJ'~ AN~Y Petitioner, City of Ocoee ~~o~J~~1c Mary (AND ANY ADDENDUM, IF ANY) CONTAIN(S) ALL OF THE AGRESMENTS ART OF EVERY AGREEMENT. Reff~!!n,q!~ ..-~_..- Solik M ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT CITY OF OCOEE V. Lakendon, Inc., et al. 1. The City will allow the removal of the cul-de-sac and will convey the cul-de- sac property back to Lakendon, Inc. at the time of development of "Lot 2." 2. The City will allow a separate sign for "Lot 2" that conforms with applicable City codes for signage. 3. The City will not require landscaping on the West side of the property. 4. The City will agree to the following setbacks for the property, from the property line, except as noted: Pavement Buildinq North (towards the ditch) 20' from (from rt-of-way, as measured from the Northeast corner of the building) East (Maguire) 15' South (Mercantile) 15' 20' West (Storage) 10' (contingent on satisfying separation from pipes located in the existing the drainage easement) ....~.-.... tJ~~ c/M> JTY.