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Home My WebLink AboutAgreement_General_10/12/2010 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- I 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 1�!': inspections, environmental inspections, and public record inspections, all of which shall be performed at Plaintiff s sole cost and expense. 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. Plaintiff shall restore the Property to its condition prior to this Agreement if Plaintiff disturbs the Property in connection with any inspections permitted herein. 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, to the extent applicable by law, upon the failure of the aforesaid ' ` t / ra.nsactiop to close as set forth herein. FL -1 /Pa a B'els Village of Tequesta Counse or A — / Paula Bielski Counsel for Village of Tequesta I 2 1 f' inspections. environmental inspections, and public record inspections. all of which shall he perforated at Plaintift sole cast and expense. Defendants agree to cooperate with Plaintiff regarding* said inspections and grant Plaintiff all reasonable and neccss arN acces'; to the Property to conduct and complete sand. Plaintiff shall resiore the Property to its condition prior ti+ this Agreement if Plaintiff disturbs the Property in connection with anN inspections permitted herein. I'he parties agree that upon the closing; of the at resaid transaction, the li n(si that are the subiect off the above styled matter shall he considered satisfied and shall be released in full. Further. within ;t) days of the closing of the aforesaid transaction, the parties shall execute and file a Stipulation for Dismissal with Prciudice (it' the above styled matter. 3 Defendant agrees to eflectuate the Eacancy of the Property and remove all tenants including Paul Sherman and anN other I nknown Parties in Possession no Later than the closin. Should the aforesaid transaction frail to close as set lOrth herein far any reason, then this matter shall not he 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. kil matters in this lmvsuit. including the daily accrual of the code enforcement liens shall he held to abeyance as of September '_?. 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 ti}r the closing of the alioresaid transaction. whichever occurs first. Daily accrual of the code entorcement Ferns will re- commence. it the extent applicable h\ law, upon the failure of the aforesaid transaction to close as set firth herein. F ox+ I "LLAa liielski L'illa a cduewtU t ounseV of i Taula Bielski C - - -- v