HomeMy WebLinkAboutAgreement_General_11/09/2017_John Annunziata N. Cypress Drive SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is made and entered into this q day of
November, 2017 by and between John Annunziata, an individual acting in his individual
capacity, whose address is 567 North Cypress Drive, Tequesta, Florida 33469 (hereinafter
referred to as"Annunziata"), and the Village of Tequesta, a municipal corporation existing under
the laws of the State of Florida whose address is 345 Tequesta Drive, Tequesta, Florida 33469
(hereinafter referred to as the"Village") (collectively referred to as the"Parties").
RECITALS
WHEREAS, the Village is Plaintiff in litigation (Village of Tequesta v. Doris S. Thomas
et al., Case No. 502015CA004171XXXXMB) to foreclose its statutory code enforcement liens
on property with an address of 414 D, North Cypress Drive, Tequesta, Florida 33469, with a
legal description of CYPRESS VILLAS UNIT D BLDG TR 1 OF PAR A, and with a parcel
control number of 60-4340-30-34-001-004 (hereinafter referred to as the"Property"); and
WHEREAS, the Village's total code enforcement lien is in the approximate amount of
Ninety Four Thousand Dollars ($94,000.00), and includes out-of-pocket expenses incurred by
the Village to abate health, safety and welfare violations that previously existed on the Property,
as well as expenses incurred by the Village to bring and prosecute the litigation (hereinafter
referred to as the"Actual Expenses"); and
WHEREAS, the Village's Actual Expenses are in the approximate amount of Forty
Three Thousand Dollars ($43,000.00); and
WHEREAS, despite the Actual Expenses incurred by the Village, the Property currently
exists in a state of disrepair that does not meet Village minimum property standards, and that
requires significant interior and exterior rehabilitation in order for such compliance to be
achieved; and
WHEREAS, Annunziata is interested in acquiring ownership of the Property and
rehabilitating the Property into a state of compliance with Village building and property
maintenance codes; and
WHEREAS, Annunziata has negotiated the acquisition of the Property from its current
owner, including the satisfaction of an existing first mortgage on the Property; and
WHEREAS, the Parties now desire to settle the Village's code enforcement lien under
the following terms and conditions which the Parties agree are binding and enforceable upon and
against each other.
AGREEMENT
In consideration of the totality of this Agreement and to fulfill any obligations that they
have or may have to one another, as more specifically set forth herein, the Parties hereby agree
as follows:
SECTION 1. OBLIGATIONS OF ANNUNZIATA.
A. Within 30 days of the Effective Date of this Agreement,Annunziata shall obtain legal
ownership of the Property, including satisfaction of the existing first mortgage, and
shall provide proof of same to the Village.
B. Within 30 days of the Effective Date of this Agreement, Annunziata shall pay the
Village the one time lump sum of Forty Thousand Dollars ($40,000.00) in full
settlement of the Village's code enforcement lien on the Property.
C. Within 30 days of the Effective Date of this Agreement, Annunziata shall submit a
complete application for all necessary building permits to allow for the interior and
exterior rehabilitation of the Property, and shall proceed immediately and in good
faith with the work necessary to bring the Property into compliance with Village
building and property maintenance codes.
D. Within 120 days of permit issuance, Annunziata will have completed all necessary
work to rehabilitate and bring the Property into compliance with Village building and
property maintenance codes.
SECTION 2. OBLIGATIONS OF THE VILLAGE.
A. Upon receipt of documentation from Annunziata that he has obtained legal ownership
of the Property, including satisfaction of the existing first mortgage; and receipt of
payment from Annunziata of Forty Thousand Dollars ($40,000.00); and issuance of
the building permits contemplated by section I.C. above, the Village shall
immediately release its code enforcement lien on the Property and shall immediately
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dismiss with prejudice the litigation referenced above (Village of Tequesta v. Doris S.
Thomas et al., Case No. 502015CA004171XXXXMB).
B. The Village shall process Annunziata's permit application in good faith, making all
reasonable efforts to expedite permitting and shall not create unreasonable delay
during the inspection process. So long as Annunziata is proceeding in good faith, the
120-day deadline in section 1.13 above may be extended by the Village, if needed.
C. The Village shall pay the permit fees for the issuance of the building permits
contemplated by section I.C. above.
SECTION 3. GENERAL PROVISIONS.
A. Should Annunziata fail to perform the obligations contemplated by sections LA.,
LB., or 1.C., then and in that case, this Agreement shall be voidable at the discretion
of the Village.
B. Should the Village fail to perform the obligations contemplated by sections 2.A., or
2.B., then and in that case, Annunziata shall have available to him all remedies
available at law or equity, and shall be entitled to an award of reasonable attorney's
fees and costs incurred to bring any such action against the Village.
C. In the event that secondary fees have to be assessed against the building permits
contemplated by section I.C. above, for example, due to expired permits, excessive
failed inspections, or any other similar fees provided by the Florida Building Code,
then and in that case, the payment of such fees shall be the responsibility and
obligation of Annunziata.
D. Nothing contained in this Agreement shall be construed as precluding the Village
from prosecuting future code enforcement violations on the Property, including
violations that may exist as a result of a failure by Annunziata to complete the
rehabilitation work contemplated by section LC, and 1.D., above.
E. This Agreement shall be deemed to constitute a contract made and entered into under
the laws of the State of Florida, and not a mere recital. This Agreement shall not be
filed with a court unless it is necessary to enforce any term or condition of this
Agreement.
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F. No amendment or variation of the terms or provisions of this Agreement shall be
valid unless made in writing and signed by each of the Parties.
G. The Parties shall each bear their own fees and costs in connection with this matter.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on their own
behalf.
J H UNZIATA VIL O T UESTA
y: John Annunziata, B : A Bail r nan,
k,'j Individually ayor
Witnessed by Attested to by:
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Lori McWilliams, MMC "GE OFT ',,,.,,
Village Clerk �,Q'GORP�
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