HomeMy WebLinkAboutResolution_34-10_10/12/2010 RESOLUTION NO. 34 -10
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, APPROPRIATING
FUND BALANCE AND INCREASING THE GENERAL
FUND #001 2010 -2011 BUDGET TO PROVIDE FUNDING
TO PURCHASE REAL PROPERTY AS DESCRIBED IN
THE ATTACHED STIPULATED SETTLEMENT
AGREEMENT AND IN THE COMPLAINT TO FORECLOSE
STATUTORY CODE ENFORCEMENT LIEN (THE
PROPERTY) BY WARRANTY DEED AND AUTHORIZING
THE VILLAGE MANAGER TO PROCEED ON BEHALF OF
THE VILLAGE PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS; the Defendant FL -1 described in the attached "Stipulated
Settlement Agreement" agrees to convey fee simple title to the real
property as described in the Complaint to Foreclose Statutory Code
Enforcement Lien (the Property) by Warranty Deed, in exchange for the
sum of Two Hundred Twenty Five Thousand Dollars ($225,000.00) to be
paid by the Village of Tequesta (Plaintiff);
WHEREAS; the purchase price of $225,000 and additional closing and
"due diligence" costs not to exceed $15,000 associated with the purchase
of said real estate were not budgeted in the current years' budget,
WHEREAS; This resolution appropriates $225,000.00 plus any costs
related to closing and "due diligence" into the current 2010 -2011 General
Fund 2010 -2011 budget for that purpose,
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Appropriating Fund Balance and increasing the General Fund #001
2010 -2011 Budget to provide the funding to purchase the real property as
described in the attached "Stipulated Settlement Agreement ", is hereby approved
and the Village Manager of the Village of Tequesta is authorized to execute the
same on behalf of the Village.
The foregoing Resolution was offered by Council Member Humpage who moved its
adoption. The motion was seconded by Council Member Turnquest and upon being put
to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Pat Watkins X
Vice -Mayor Tom Paterno X
Council Member Vince Arena X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Resolution duly passed and adopted this 12 day of
October, 2010.
MAYOR OF TEQUESTA
Pat Watkins
ATTEST:
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Lori McWilliams, MMC = INCORPORATED
Village Clerk
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IN THE CIRCUIT COURT OF THE 15
JUDICIAL CIRCUIT OF FLORIDA, IN
AND FOR PALM BEACH COUNTY,
FLORIDA
CASE NO: 502010CA013419XXXXMB
DIVISION: AW
VILLAGE OF TEQUESTA, FLORIDA,
Plaintiff,
V.
FL1 a/k/a FL -1, LLC, a Florida limited liability
company; PAULA BIELSKI, in her individual
capacity; PAUL SHERMAN, in his individual
capacity; UNKNOWN PARTIES IN
POSSESSION, if living, AND ALL UNKNOWN
PARTIES, claiming by, through, under and against
the above named defendants who are not known to
be dead or alive, whether said unknown parties may
claim an interest as spouses, heirs, devisees,
grantees, or other claimants,
Defendants.
STIPULATED SETTLEMENT AGREEMENT
The above styled case is settled under the following terms which the parties agree are
binding and enforceable:
1. Defendant FL -1 agrees to convey fee simple title to the real property that is the subject of
the above styled matter, as described in the Complaint to Foreclose Statutory Code
Enforcement Lien (the Property) by Warranty Deed, in exchange for the sum of Two
Hundred Twenty Five Thousand Dollars ($225,000.00) to be paid by Plaintiff to
Defendant FL -1 upon the closing of said transaction. It is further agreed and
understood that Plaintiff shall be responsible for all costs associated with the closing
of this transaction and that the payment of $225,000.00 to Defendant FL -1 is
exclusive of any such costs.
2. In order to memorialize the aforesaid transaction, the parties shall execute a standard real
estate purchase and sale agreement within 30 days of the execution of this Settlement
Agreement. Said purchase and sale agreement shall provide for a closing date to
occur no sooner than 90 days from the execution of this Settlement Agreement and no
later than 180 days from the execution of this Settlement Agreement. Said purchase
and sale agreement shall also provide sufficient due diligence time for Plaintiff to
conduct, complete and review any inspections that it deems necessary or appropriate
upon the Property. Such inspections may include, but shall not be limited to, building
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inspections, environmental inspections, and public record inspections. Defendants
agree to cooperate with Plaintiff regarding said inspections and grant Plaintiff all
reasonable and necessary access to the Property to conduct and complete same.
3. The parties agree that upon the closing of the aforesaid transaction, the lien(s) that are the
subject of the above styled matter shall be considered satisfied and shall be released
in full. Further, within 30 days of the closing of the aforesaid transaction, the parties
shall execute and file a Stipulation for Dismissal with Prejudice of the above styled
matter.
4. Defendant agrees to effectuate the vacancy of the Property and remove all tenants
including Paul Sherman and any other Unknown Parties in Possession no later than
the closing.
5. Should the aforesaid transaction fail to close as set forth herein for any reason, then this
matter shall not be dismissed and the liens shall not be released. In such an event,
the parties may, at their discretion, negotiate any further settlements as deemed
appropriate, or continue to litigate this matter.
6. All matters in this lawsuit, including the daily accrual of the code enforcement liens shall
be held in abeyance as of September 23, 2010. No party need respond to any
pleading or discovery request for ninety (90) days from the execution of this
Settlement Agreement, or until the scheduled date for the closing of the aforesaid
transaction, whichever occurs first. Daily accrual of the code enforcement liens will
re- commence upon the failure of the aforesaid transaction to close as set forth herein.
FL- 1/Paula Bielski Village of Tequesta
Counsel for FL- 1/Pauls Bielsky Counsel for Village of Tequesta
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