VII(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