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R20-088 1 RESOLUTION R20-088 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER OR THE CITY MANAGER'S DESIGNEE TO 6 SIGN A SETTLEMENT AGREEMENT BETWEEN THE 7 CITY OF BOYNTON BEACH AND ECKOLS '76 LTD AND 8 ECKOLS '86 LTD; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS,the City of Boynton Beach is the Plaintiff in litigation seeking foreclosure of 12 a City lien on the property located at 1102 N. Federal Highway, Boynton Beach,Florida 33460 13 owned by Eckols '76 LTD and Eckols '86 LTD;and 14 WHEREAS, counsel for Defendant Eckols '76 LTD and Eckols '86 LTD has proposed a 15 settlement offer to the City of Boynton Beach to accept a quitclaim deed for the Subject Property 16 in exchange for releasing Eckols '76 LTD and Eckols '86 LTD and its registered agent,Norman 17 D. Olson from any or all liability for liens attached to the Subject Property; and 18 WHEREAS, acquisition of the property by the City will give the City control over 19 maintenance and use;and 20 WHEREAS,upon recommendation of staff, the City Commission has determined 21 that it is in the best interests of the residents of the City to approve the settlement offer and 22 authorize the City Manager or the City Manager's designee to sign the Settlement 23 Agreement conditioned upon the property being free and clear from all encumbrances as 24 determined by the City Attorney. 25 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH,FLORIDA,THAT: 27 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed as being 28 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. S:\CA\RESO\Agreements'Approve Eckols Foreclosure Settlement-Reso.Docx 29 Section 2. The City Commission hereby approves the settlement offer and authorizes 30 the City Manager to sign a Settlement Agreement to accept a quitclaim deed for the Subject 31 Property in exchange for releasing Eckols '76 LTD and Eckols '86 LTD and its registered agent, 32 Norman D. Olson from any or all liability for liens attached to the Subject Property, a copy of 33 the Agreement is attached hereto as Exhibit"A". 34 Section 3. The approval is conditioned upon the property being free and clear from 35 all encumbrances as determined by the City Attorney. 36 Section 4. This Resolution shall become effective immediately upon passage. -1/4h 37 PASSED AND ADOPTED this day of August,2020. 38 CITY OF BOYNTON BEACH,FLORIDA 39 40 YESNO 41 Mayor—Steven Grant t 42 43 Vice Mayor—Ty Penserga 44 45 Commissioner—Justin Katz 46 47 Commissioner—Woodrow L. Hay ✓ 48 49 Commissioner—Christina L. Romelus V 50 51 52 VOTE 5— 0 53 ATTEST: 54 55 56 /Jim 57 Cry 1 Gibson, MMC 58 City Clerk 59 60 61 62 (Corpo'a erSe)) l t V tics •r. h.. :v', S\€A SO\Agre ments\Apprbve Eckols Foreclosure Settlement-Reso.Docx