IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, v. ORLANDO UTILITIES COMMISSION, etc., et al., Respondents. ________________________________________/
CASE NO.: 04-CA-6445
Parcel 120
STIPULATED FINAL JUDGMENT THIS CAUSE having come on to be heard upon the Joint Motion for Entry of Final Judgment made by the Petitioner, STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, and the Respondents, ORLANDO UTILITIES COMMISSION and CITY OF ORLANDO, set forth herein below, and it appearing to the Court that the parties were authorized to enter into such motion, and the Court finding that all contingencies of the Mediated Contingent Settlement Agreement of May 7, 2005, a copy of which is attached hereto as Exhibit “A”, have been met or satisfied and that the compensation to be paid by the Petitioner is full, just and reasonable for all parties concerned and the Court being fully advised in the premises, it is: ORDERED AND ADJUDGED that Respondent, Orlando Utilities Commission, does have and recover of and from the Petitioner the sum of $15,000,000.00 (FIFTEEN MILLION AND 00/100 DOLLARS), of which $8,909,800.00 (EIGHT MILLION NINE HUNDRED NINE THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS) was previously deposited into the Registry of the Court, in full payment for the property designated as Parcel 120 herein taken, and for damages, if any, and interest, and it is further,
ORDERED AND DIRECTED that within thirty (30) days of the date of receipt of a conformed copy of this Stipulated Final Judgment, the Petitioner shall deposit the additional sum of $6,090,200.00 (SIX MILLION NINETY THOUSAND TWO HUNDRED AND 00/100 DOLLARS), into the Registry of the Clerk of the Court, and it is further, ORDERED AND DIRECTED that the Clerk of this Court shall forthwith pay to the Orlando Utilities Commission via wire transfer, the aforesaid sum of $6,090,200.00 (SIX MILLION NINETY THOUSAND TWO HUNDRED AND 00/100 DOLLARS), and it is further, ORDERED that the compensation awarded in this Final Judgment is based on Petitioner’s construction plans, profiles and specifications, attached hereto as Exhibit “B”, as said plans, profiles and specifications relate to Parcel 120 and the remainder property, and the effect is as if the case had been resolved by verdict with said plans, profiles and specifications having been made a part of the record at trial, with said plans, profiles and specifications therefore being binding on Petitioner, and modifying the rights acquired in the Petition and Order of Taking, and it is further, ORDERED that the Petitioner shall convey certain property referenced in Exhibit “A” to Orlando Utilities Commission and City of Orlando as part of the mediated settlement within 30 days of this order in the form attached hereto as Exhibit “C.” ORDERED that the payment of attorneys’ fees, experts’ and costs shall be governed by the order of the court to be entered contemporaneously with this Final Judgment. ORDERED that title to the following described property, to wit:
which vested in the Petitioner pursuant to the Second Amended Order of Taking as further amended herein and deposit of money heretofore made, is approved, ratified, and confirmed, and it is further, ORDERED AND ADJUDGED that all other terms of the Mediated Contingent Settlement Agreement attached hereto as Exhibit “A” are approved and incorporated herein as if fully set forth herein, and it is further ORDERED AND ADJUDGED that this Court shall maintain jurisdiction to enforce the terms and provisions contained herein. DONE AND ORDERED at Orlando, Orange County, Florida, this _____day of _______________________, 2005.
__________________________ JAY P. COHEN CIRCUIT JUDGE
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by U.S. Mail this day of __________________, 2005 to: Lawrence Gendzier, Esquire, State of Florida
Department of Transportation, 719 South Woodland Boulevard, DeLand, Florida 32720; Thomas P. Callan, Esquire, Thomas P. Callan, P.A., 921 Bradshaw Terrace, Orlando, Florida 32806.
__________________________________ Judicial Assistant/Attorney
JOINT MOTION FOR ENTRY OF FINAL JUDGMENT COME NOW the parties to this action, by and through their undersigned attorneys and respectfully move this Honorable Court for entry of the foregoing Stipulated Final Judgment, this ______ day of __________________, 2009.
__________________________ Lawrence Gendzier, Esquire State of Florida Department of Transportation 719 S. Woodland Blvd. DeLand, Florida 32720 (386) 943-5490 Florida Bar No.: ________ Attorney for Petitioner State of Florida Department of Transportation
_______________________________ Thomas P. Callan, Esquire Thomas P. Callan, P.A. 921 Bradshaw Terrace Orlando, Florida 32806 Telephone: (407) 426-9141 Florida Bar No.: 729050 Attorney for Respondent Orlando Utilities Commission and City of Orlando