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ITEM: APPROVAL OF THIRD AMENDMENT TO SETTLEMENT AGREEMENT AND PURCHASE AND SALE AGREEMENT WITH BREFRANK, INC.
REQUEST: Approval of Third Amendment to Settlement Agreement with Brefrank, Inc., including the Purchase and Sale Agreement for the 10-acre civic site located on Forest Hill Blvd.
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EXPLANATION: In August, 2021, Brefrank initiated a lawsuit against Wellington regarding the validity of the conservation land use designation on Wellington’s Future Land Use Map for Tract W-5 of the Mall at Wellington Green. As part of a negotiated settlement of the lawsuit, Wellington’s council approved the sale of the 10-acre site to Brefrank for the sum of $11,000,000 and entered into an Agreement for Purchase and Sale. On May 15, 2024, the Parties amended the Settlement Agreement and PSA to clarify certain matters relating to submission of various land development applications. On October 15, 2025, the parties entered into the Second Amendment to the Settlement Agreement to address a cloud on Wellington’s title to the property and to allow sufficient time for Wellington to initiate a quiet title action. Amendment No. 2 set an outside closing date of 365 days after the filing of the quiet title action. That outside closing date is set to expire on November 7, 2026. Although Wellington is preparing its motion for Final Summary Judgment, the litigation will not be concluded by the November 7, 2026 outside closing date. Amendment No. 3 extends the outside closing date to December 31, 2027. We believe the closing will occur well before that date, but wanted to provide flexibility in case additional time is needed.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: Revenue from the sale of the 10-acre civic site results in a positive fiscal impact in the amount of $1,000,000.00.
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Appro...
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