Title:
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A proposed Stipulated Order of Taking and Final Judgment Settlement in the amount of $896,625 between Seminole County and 150 Oxford Road, LLC and Dermatology Billing Associates, Inc. regarding Parcel 104 of the Oxford Road Improvement Project and as part of eminent domain proceedings in Seminole County Case Number 2021-CA-2978. District4 - Lockhart (John Slot, Public Works Director)
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Division:
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Public Works - Engineering
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Authorized By:
John Slot, Public Works Director
Contact/Phone Number:
John Slot/407-665-5702
Background:
A portion of the property designated as Parcel 104 was acquired by the County from the fee owner of the property, 150 Oxford Road, LLC and Dermatology Billing Associates, Inc., for the County’s Oxford Road Improvement Project. The subject property, located at 150 Oxford Road within the Casselberry/Fern Park area of unincorporated Seminole County, is improved with a building owned by Respondents and used for their dermatology billing company. Respondents were named in the eminent domain case proceedings, made a claim for compensation, and have agreed to a proposed settlement with the County, subject to Board approval, that would fully resolve their claim except for an attorneys’ fee claim for nonmonetary benefits pursuant to section 73.092(1)(b), Florida Statutes.
The terms of the proposed settlement are set forth in Section II. below. Public Works Director John Slot, Assistant County Attorney Cassidy Perdue, and outside counsel for the Oxford Road Improvement Project, Richard Milian of Nelson Mullins Riley & Scarborough, LLP, recommend approval of the proposed settlement.
TERMS OF THE PROPOSED SETTLEMENT
The proposed settlement, if approved by the Board, would resolve all issues between the owners of Parcel 104 and the County, except for the attorneys’ fee claim for non-monetary benefits. The settlement provides as follows:
• Compensation: 150 Oxford Road, LLC, and Dermatology Billing Associates, Inc. shall receive $896,625 in compensation, which is inclusive of three hundred fifty-two thousand two hundred and 00/100 dollars ($352,200.00) disbursed from the Court Registry to Respondent on July 5, 2022.
o Such compensation is related to the taking of Parcel 104 and includes the following 1) compensation for the land taken, 2) improvements taken, 3) cure costs, 4) all damages including severance and business damages, 5) all interest arising as a result of the County’s taking of Parcel 104, 5) $121,625 for attorneys’ fees and costs and 6) $100,000 for expert costs.
• Submission of Approved Settlement to the Court: The parties agree to submit to the Court the attached Stipulated Order of Taking and Final Judgment and the County agrees to issue payment to owners’ attorneys of five hundred forty-four thousand four hundred twenty-five dollars and 00/100 dollars ($544,425.00) within 20 days from the entry of the Stipulated Final Judgment, which incorporates all final settlement terms following approval of the proposed negotiated settlement by the Board of County Commissioners.
The proposed settlement provides a complete resolution of all issues as to Parcel 104, except for an additional attorneys’ fee claim for non-monetary benefits, which will be set for an evidentiary hearing. It provides certainty to the parties rather than the uncertainty of a jury trial and avoids incurring additional experts’ fees and costs for these parties in the eminent domain case, which the County would be statutorily required to pay. Finally, the settlement enables the County to avoid the risk of incurring additional attorneys’ fees for the property owners’ legal counsel if a jury were to award a higher compensation amount.
Requested Action:
Staff requests the Board approve the proposed Stipulated Order of Taking and Final Judgment Settlement between Seminole County and 150 Oxford Road, LLC and Dermatology Billing Associates, Inc. regarding Parcel 104 of the Oxford Road Improvement Project and as part of eminent domain proceedings in Seminole County Case Number 2021-CA-2978.