Title:
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A proposed Stipulated Order of Taking and Final Judgment settlement in the amount of $41,500 between Seminole County and Star Therapy a/k/a Star Asian Massage Therapy, Tanzhu, Inc. d/b/a Star Therapy, Yingai Hong, and Zhuyu Xu as to Parcel 103 of the Oxford Road Improvement Project in the Seminole County v. AutoZone, Inc., et al. Eminent Domain Case. District4 - Lockhart (Jean Jreij, P.E., Public Works Director/County Engineer).
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Division:
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Public Works - Business Office
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Authorized By:
Jean Jreij, P.E., Public Works Director/County Engineer
Contact/Phone Number:
Jean Jreij, P.E./407-665-5602
Background:
The entire property designated as Parcel 103 was acquired by the County from the fee owner of the property, Hamtaee Enterprises, LLC, for the County’s Oxford Road Improvement Project. The subject property, located at 180-182 Oxford Road within the Casselberry/Fern Park area of unincorporated Seminole County, is improved with a building known as Legacy Plaza in which the above-referenced tenants leased space for their massage therapy business from the property owner, Hamtaee Enterprises, LLC. Due to their leasehold interest in the Parcel 103 property, the tenants were named by the County as Respondents in the Seminole County, Florida v. AutoZone, Inc., et al. eminent domain case, 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.
The terms of the proposed settlement are set forth in Section II below. Public Works Department Director Jean Jreij, Deputy County Attorney Lynn Porter-Carlton, 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, which if approved by the Board would resolve all issues between these tenants of Parcel 103 and the County, provides as follows:
• Compensation: Star Therapy a/k/a Star Asian Massage Therapy, Tanzhu, Inc. d/b/a Star Therapy, Yingai Hong and Zhuyu Xu, shall receive $41,500.00 for their interest in full payment of any and all claims of any nature arising as a result of the County’s taking of Parcel 103, including, without limitation, compensation for tenant fixtures, any and all tenant interest in Parcel 103, apportionment claims, and including $10,000.00 for attorney fees and costs and expert fees and costs. There shall be no further monies payable to them on account of this taking.
• Submission of Approved Settlement to the Court: The parties agree to submit to the Court a Stipulated Order of Taking and Final Judgment With Instructions to the Clerk of Court for Disbursement of Funds incorporating 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 these tenants of Parcel 103, provides certainty to the parties rather than the uncertainty of a jury trial, avoids incurring additional experts’ fees and costs for all of these parties in the eminent domain case for which the County would be statutorily required to pay, and avoids incurring potential additional attorney’s fees that the County would be statutorily required to pay for the tenants’ attorney if a jury were to award a higher compensation amount.
recommendation
Staff Recommendation:
Public Works Director Jean Jreij, P.E., Deputy County Attorney Lynn Porter-Carlton, and Richard Milian of Nelson Mullins Riley & Scarborough, LLP recommend the Board approve the proposed Stipulated Order of Taking and Final Judgment settlement between Seminole County and Star Therapy a/k/a Star Asian Massage Therapy, Tanzhu, Inc. d/b/a Star Therapy, Yingai Hong, and Zhuyu Xu as to Parcel 103 of the Oxford Road Improvement Project in the Seminole County v. AutoZone, Inc., et al. Eminent Domain Case.