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05-27-2010 Special SessionNOTICE THE OCOEE CITY COMMISSION WILL MEET IN SPECIAL SESSION FOR AN ATTORNEY-CLIENT MEETING TO DISCUSS SETTLEMENT NEGOTIATIONS AND STRATEGY RELATED TO LITIGATION EXPENSES RELATED TO THE PENDING LITIGATION [CITY OF OCOEE v. LAKENDON, INC., ET AL (ARMSTRONG DEVELOPMENT GROUP 1, LLC - MAGUIRE ROAD PHASE 5 PARCEL 110) ORANGE COUNTY CIRCUIT COURT CASE NO. 08-ca-11495] ON MAY 27, 2010 AT S: a~ P.M. IN THE CITY COMMISSION CHAMBERS AND CONFERENCE ROOM IN ACCORDANCE WITH FLORIDA STATUTES SECTION 286.011(8). PRESENT WILL BE MAYOR VANDERGRIFT, COMMISSIONER HOOD, COMMISSIONER WILSEN, COMMISSIONER JOHNSON, COMMISSIONER KELLER CITY ATTORNEY ROSENTHAL, CITY MANAGER FRANK, LITIGATION ATTORNEY SOLIK, THE COURT REPORTER AND NO OTHERS. THE SESSION WILL COMMENCE AT AN OPEN MEETING. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE PUBLIC MEETING WILL BE REOPENED. ~''•~1 ~}i~Y ;_'C~ ~i~i~ i'Hi POSTED ORLA_1548821.1 006.319324.1 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 MOORS RUSSELL, Esquire WENDY SHAY TEMPLE, Esquire TELEPHONE (407) 834-3383 FACSIMILE (407) 839-3384 E-MAIL: msolik@orlando-law.com MEMORANDUM DATE: May 20, 2010 TO: The Honorable Mayor and Commissioners of the City of Ocoee FROM: Mary D. Solik, Esquire RE: City of Ocoee v. Lakendon, Inc. Parce1110 JuryVerdict The referenced case is a condemnation action. Parcel 110 was acquired by the City of Ocoee for the purpose of widening Maguire Road. The date of value is November 3, 2008. Parcel 110 was owned by Armstrong Development Group. The property is located on the east side of Marshall Farms Road. The acquisition was a total taking. The size of the entire parcel is 4.15 acres. The property was vacant and unimproved. We went to trial on this case on May 17, 2010. The trial lasted four days. The City's testimony at trial was that the property was worth $800,000. The property owner's appraiser testified to a value of $1,196,500. Just prior to the acquisition the property owner submitted plans to the City to develop the property for the relocation of his air conditioning business. He testified that he had incurred $129,121 in expenses related to efforts to develop the property that were cut short by the City's acquisition. The jury returned a verdict in the amount of $1,325,121 which is the amount of his appraiser's testimony plus his expenses. Under Florida Statutes, the City will also be responsible for interest, attorneys' fees, and costs which we estimate to be an additional $425,000. We will be reviewing the trial record to evaluate any potential appellate remedies and will present an analysis to you shortly. 7FOLEY FOLEY & LARDNER LLP ATTORNEYS AT LAW MEMORANDUM CLIENT MATTER NUM6ER 0203?7-0581 T0: Rob Frank, City Manager FROM: Paul E. Rosenthal, Esq., City Attomey ~~ CC: Beth Eikenberry, City Clerk Craig Shadrix, Development Services Director Mary D. Solik, Esq., Litigation Counsel DATE: May 26, 2010 RE: City of Ocoee v. Lakendon, Inc., et al. Case No. 08-CA-11495 / Maguire Road Phase 5 -Parcel 110 /Armstrong Development Group 1, LLC The above referenced case went to trial on May 17, 2010. Attached hereto is a Memorandum from Litigation Counsel Mary Solik which summarizes the jury verdict in the case. The deadline for filing certain motions to appeal or otherwise challenge the verdict in the case is June 1, 2010. Accordingly, it is necessary that the City Attorney and Litigation Counsel have direction from the City Commission prior to that date. After consultation with you, it appears that the evening of May 27, 2010 is the only feasible time for the City Commission to meet to provide such direction. It respectfully is requested that a special meeting of the City Commission be called for the evening of Thursday, May 27, 2010 in order to (1) Consider the request of the city's attorney (Mary Solik) that the City Commission hold a closed session (outside of the sunshine) to provide advise regarding the following litigation: City of Ocoee v. Lakendon, Inc., et al. Case No. 08-CA-1 1495 /Maguire Road Phase 5 -Parcel 1 ] 0 !Armstrong Development Group 1, LLC, (2) Hold a closed session following the request in order to discuss settlement negotiations and strategy related to litigation expenditures, and (3) Reconvene in a public session to take such action as may be appropriate concerning such litigation. if you concur with this recommendation, please have the Mayor or another member of the City Commission call the special meeting by signing where indicated below and returning to you and the City Clerk. Duc to prior conflicts, 1 will be unable to attend the special meeting and closed session. However, Mary Solik has been serving as the city's attorney and trial counsel in this case and is fully prepared to brief the City Commission. ORLA_1548778.1 :FOLEY FOLEY 8 LARDN ER lLP CALL FOR SPECIAL MEETING OF OCOEE CITY COMMISSION Pursuant to Section G 13 of the Ocoee City Charter, I hereby call a special meeting of the Ocoee City Commission for Thursday, May 27, 2010 at,~ o c> © pm at the Ocoee City Commission Chambers to discuss the matters addressed in the above Memorandum from the City Attorney. t ~ ~-~--~ ~~~ ___ .. Name/Title: C~n~~~~~~-,~i X1/2 ORLA_1548778.1 SPECIAL MEETING OF OCOEE CITY COMMISSION: SCRIPT FOR COMPLIANCE WITH REQUIREMENTS FOR CLOSED MEETING -Armstrong Case (May 27, 2010) (~) City Attorney Comments: The City brought a condemnation action against Armstrong Development Group 1, LLC to acquire Parcel 110 of the Maguire Road Phase 5 Project. The case was filed in the Circuit Court for the Ninth Judicial Circuit of Orange County under Case No. 08-CA-11495. The City has previously acquired title to Parcel 110 in a "quick-take" proceeding. A 4-day jury trial on the value of the property taken was held during the week of May 17, 2010. The jury rendered a verdict which exceeded the City's appraised value as well as the Offer of Judgment previously authorized by the City Commission. There is an opportunity for the City to file certain motions to appeal or otherwise challenge the verdict in the case. The deadline for filing certain motions with the Court is June 1, 2010. As required by Section 286.011(8), Florida Statutes, I am advising the City Commission that I desire to ORLA_1549032.1 have advice concerning this litigation and to discuss with the City Commission, in a closed session, matters related to the settlement negotiations and strategy related to litigation expenses. Florida Statutes provide a limited exception from the Sunshine Law for the City's attorneys to meet in private with the City Commission to discuss pending litigation to which the City is a party. As required by Florida law, reasonable notice of the closed session has been given which identifies the time and date of the closed attorney- client session and the names of the persons who will be attending. The entire session will be recorded by a certified court reporter and no portion of the session may be off the record. The court reporter's notes will be fully transcribed and filed with the City Clerk. At the conclusion of the litigation, the transcript of the meeting will become a public record. It is not permissible to leave the meeting to consult with other persons regarding the subject matter of the meeting. Following the conclusion of the closed session, it will be necessary to meet in public in order to adjourn the meeting. ORLA 1549032.1 -2- The agenda has been structured so as to allow for public action by the City Commission should such action be necessary following the closed session. (2) Mayor Vandergrift should announce the following: The City Attorney has requested a closed session with the City Commission to discuss settlement negotiations and strategy related to litigation expenses in the case described by the City Attorney. The persons who will be attending the closed session are Mayor Vandergrift, Commissioner Hood, Commissioner Wilsen, Commissioner Johnson, Commissioner Keller, City Manager Rob Frank, City Attorney Paul Rosenthal, Litigation Attorney Mary Solik, and no others. It is estimated that the closed attorney-client session will last forty-five minutes. Following the conclusion of the attorney-client session, the meeting will be reopened in order to announce the termination of the closed session and take such other action as the City Commission may ORLA 1549032.1 -3- deem appropriate. The City Commission will now move into closed session. (3) Comments by Mayor Vandergrift following closed session: I hereby reopen the Special Meeting of the City Commission and announce that the closed attorney-client session has been terminated. The time is p.m. Are there any comments from the members of the City Commission or any proposed actions? ORLA 1549032.1 -4-