HomeMy WebLinkAboutItem 11 Bowers Mediated Settlement Agreement in Connection with Eminent Domain Proceedings Relating to the Old Winter Garden Road Widening Project
I FOLEY
AGENDA ITEM COVER SHEET
Meeting Date: December 6, 2005
Item # \ ,
Reviewed By:
Contact Name:
Contact Number:
Mary D. Solik
Assistant City Attorney
407 -244-3259
Department Director:
City Manager:
Paul E. Rosenthal
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Subject: Bowers Mediated Settlement Agreement in connection with eminent domain proceedings
relating to the Old Winter Garden Road Widening Project
Background Summary:
As part of the Old Winter Garden Road Widening Project, the City acquired Parcels 122, 123, and 124
through condemnation. The property falls within Part B of the Old Winter Garden Road Widening
Project. Orange County is responsible for 100% of the project costs under an Interlocal Agreement.
Pursuant to Florida Statutes, the City is responsible for the reasonable expert fees and costs incurred
by the Bowers in the eminent domain proceedings. The City Attorney has concluded that it is in the
best interests of the City to approve the Mediated Settlement Agreement and settle certain expert fees
and costs issues.
Issue:
Should the City approve the Mediated Settlement Agreement and the payment of certain expert fees
and costs ?
Recommendations:
The City Attorney recommends that the City Commission approve the mediated settlement in the
amount of $127,500.00, the payment of $23,271.00 in expert fees and costs, and authorize the City
Attorney or Assistant City Attorney to execute a fmal judgment for these amounts.
Attachments:
Staff report.
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Financial Impact:
Some additional expenses will be incurred by the City for legal services associated with securing the
fmal judgment.
. .
Type of Item:
o Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
~ 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 Paul E. Rosenthal
Reviewed by Finance Dept.
Reviewed by ( )
o N/A
o N/A
o N/A
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:FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0548
TO: The Honorable Mayor and
Commissioners ofthe City ofOcoee
FROM: Mary Doty Solik
THROUGH: Paul E. Rosenthal, City Attorney
DATE: November 30,2005
RE: City ofOcoee v. Clifton and Lillie Belle Bowers
Parcels 122, 123, and 124: Mediated Settlement Agreement
BACKGROUND
The referenced case is a condemnation action. Parcels 122, 123, and 124 have been acquired by
the City of Ocoee for the purpose of widening Old Winter Garden Road. The date of value is February 18,
2004. Parcels 122, 123, and 124 were owned by Clifton and Lillie Belle Bowers. The three parcels are adjacent
to one another and located on the north side of Old Winter Garden Road at its intersection with Arlington
Avenue. Each parcel is a fifty foot right-of-way acquisition. Parcels 122 and 123 are vacant and unimproved.
Parcel 124 is improved with a small single family dwelling built in 1966 containing 914 square feet. The home
was unoccupied at the time oftaking and is in very poor condition.
Dan DeRango, the City's appraiser, concluded that the value of Parcels 122, 123, and 124 was
$84,358.00 and this amount was deposited pursuant to the Order of Taking. Mr. Steve Matonis appraised the
property for the Bowers. Mr. Matonis concluded to a value of the part taken of $130,000.00 and found
$73,500.00 in severance damages for a total appraised value of $203,500.00. On July 7, 2005 the City Staff
requested, and the City Commission approved, authority to file an Offer of Judgment on the Bowers property in
the amount of$110,000.00. This Offer of Judgment was served on the Bowers and rejected. On September 27,
2005 the Bowers served an Offer of Judgment on the City in the amount of $135,000.00. The time for
responding to the offer expired on October 27,2005. Because, however, mediation of the matter was scheduled
for November 14, 2005, we asked the Court to grant an extension of time in which to respond to the Offer of
Judgment. The motion was granted and the City was given until November 21,2005 to respond.
The matter was mediated on November 14, 2005. The parties reached a mediated settlement
agreement in the amount of $127,500.00 subject to City Commission approval. Because this property falls
within that portion of the project that is 100% funded by the County, Gary Roberts, from the Orange County
Real Estate Management Department, also attended. Orange County has approved the mediated settlement
amount.
The Bowers have also submitted their experts' fees and costs as follows:
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Expert Invoice Amounts Negotiated Amounts
Canin Associates (land $15,142.30 $13,821.00
planning)
Integra Realty Resources $ 6,705.00 $6,450.00
(appraisal)
Tipton Associates $ 3,323.61 $ 3,000.00
( engineering)
TOTALS $25,170.91 $23,271.00
I have received the invoices and find them to be fairly reasonable. I have, however, negotiated the fees down to
the amounts indicated above. The attorneys' fees have not yet been resolved.
RECOMMENDATION
It is respectfully recommended that the City Commission approve the Mediated Settlement
Agreement, payment of experts' fees and costs, and authorize Staff to execute all documents necessary to
conclude these matters.
cc: Robert Frank, City Manager
David Wheeler
MDS/jlc
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