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ITEM: APPROVAL OF AMENDMENT NO. 2 TO SETTLEMENT AGREEMENT BETWEEN BREFRANK, INC. AND VILLAGE OF WELLINGTON
REQUEST: Authorization to Approve Amendment No. 2 To Settlement Agreement Between Brefrank, Inc. and Village of Wellington to extend the Closing Date to allow for an action to Quiet Title and/or for Declaratory Judgment concerning the Park Parcel dedicated and conveyed on the Wellington Green MUPD/PUD Plat.
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EXPLANATION: As a result of the title examination on the subject parcel, we are required to amend the terms of the settlement agreement to incorporate an action for declaratory judgment or to quiet title, which will extend the closing date.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL: NO
FIRST READING: N/A SECOND READING: N/A
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: Sufficient funds exist in the Legal Department’s budget to cover the expenses of litigation. Brefrank has agreed to share the cost of the action.
WELLINGTON FUNDAMENTAL: Protecting Our Investment
RECOMMENDATION: Authorization to Approve Amendment No. 2 To Settlement Agreement Between Brefrank, Inc. and Village of Wellington to extend the Closing Date to allow for an action to Quiet Title and/or for Declaratory Judgment concerning the Park Parcel dedicated and conveyed on the Wellington Green MUPD/PUD Plat.