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the lease holder's claims. Empire Equine was sent notice of the County's intent to acquire its leasehold interest on the part of the leasehold property comprising Parcel 127. Empire was also sent notice of its right to claim business damages to the businesses they operate on the properties. The County filed a lawsuit in Eminent Domain against Tongay/Empire on February 17, 2022. A hearing has been scheduled on May 26, 2022, to hear the County's Motion for the Order of Take. At the hearing, the County would bear the burden of proof to show the property is needed for the Project. The County is represented by Bill Doney, Esq., the County's outside counsel in this matter. Mickey Barkett of Barkett Law, P.A. now represents Ms. Tongay and Empire Equine. Through negotiations with outside counsel, Tongay/Empire have agreed to settle all claims for $15,000, inclusive of all expert fees, costs and attorney's fees. The County has also agreed to install a 24' wide driveway apron to accommodate ingress/egress of horse trailers. Settlement at this time will avoid the additional costs of our own experts testifying at the Necessity of Take hearing, payment of additional attorney's fees to outside counsel and eliminating the need for the County to hire an appraiser and accountant for future litigation. Settlement at this time will mean all property interests in Parcel 127 will be acquired in advance of the Florida Department of Transportation's June 1, 2022 deadline to certify acquisition of right-of-way for Phase II of the 66th Avenue Improvement Project. Since a law suit has been filed in this matter, the Parties will enter into a stipulated settlement agreement settling all claims available to Tongay/Empire and have it approved by the court. Should the Board choose to reject the settlement, the County will proceed to the Order of Take hearing. The parties will then attend a mediation conference in order to settle the issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) person jury trial and the jury will determine the amount of compensation to be paid to the lease holder. FUNDING: Funding in the amount of $15,000.00 for the acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave/69th Street — 85th Street, Account # 10215141-066120- 16009. RECOMMENDATION: Staff recommends that the Board approve the proposed settlement of all claims and costs of Amanda Tongay d/b/a Empire Equine in this law suit in the amount of $15,000 and authorize outside counsel to proceed with preparation and execution of the necessary court documents needed to settle the case and conclude the law suit. Attachments: Parcel 127 sketch and legal description 132