Preview
Instr# 117217205 , Page 1 of 8, Recorded 04/22/2021 at 03:35 PM
Broward County Commission
Filing # 125186324 E-Filed 04/19/2021 03:48:37 PM
IN THE COUNTY COURT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: COWE-21-001663 (82)
MARINA POINTE RECREATION
ASSOCIATION, INC., a Florida Not-
for-profit corporation,
Plaintiff,
vs.
WHITNEY TUCKER, JOHN DOE
and JANE DOE, fictitious names,
representing unknown tenants in
possession,
Defendant (s).
MOTION TO ADOPT SETTLEMENT AGREEMENT
Plaintiff, by and through their undersigned counsel moves this Court for the
entry of an Order approving and adopting the Settlement Agreement entered into in
the above-styled cause and says:
1 On or about April 15, 2021, Plaintiff and Defendant entered into a
Settlement Agreement, a true and correct copy of which is attached hereto as Exhibit
"AN
2 Pursuant to the terms of the Settlement Agreement, this Court is hereby
requested to enter an Order adopting and approving the Settlement Agreement as an
Order of the Court and reserving jurisdiction to enforce the terms thereof.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/19/2021 03:48:36 PM.****
Instr# 117217205 , Page 2 of 8
WHEREFORE, Plaintiff respectfully request this Court to enter an Order
adopting and approving the Settlement Agreement entered into between the parties to
the above-styled cause and reserving jurisdiction to enforce the terms thereof.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was
sent by U.S. Mail to WHITNEY TUCKER, 2953 SW 174 AVENUE, MIRAMAR,
FL 33029 this 19 day of April, 2021.
STEVENS & GOLDWYN, P.A.
Attorneys for Silverlakes
2 South University Drive, Suite 329
Plantation, FL 33324
Telephone: (954) 458-9393
Telecopy: (954) 458-9892
By: /s/
Cassandra Racine-Rigaud, Esq.
Florida Bar No. 0450065
2020-06959
Instr# 117217205 , Page 3 of 8
IN THE COUNTY COURT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO: COWE-21-001663 (82)
MARIN NTE RECREATICN * ~
ASSOCIATION, INC., a Florida Not-for-
profit corporation,
Plaintiff,
vs.
WHITNEY TUCKER, JOHN DOE and
JANE DOE, fictitious:names, representing.
unknown tenants in possession,
Telendant 6).
STIPUT TON FOR SETTLEMENT AND FORBEA) NCE AG! MM ENT
Parties
The parties to this Agreement: are as follows:
(@) MARINA POINTE RECREATION ASSOCIATION, INC.
(“ Association")
(b) WHITNEY TUCKER, ("Owner").
Ag ions.and Acknowl nts.of Owne:
”
2 ” En order to induce ition to enter inte this Agreer a, Qwner hereby adlenite,
acknowledges and agrees as follows:
(a). Owner acknowledges receipt of demand and lien by Association. Owner
knowingly, voluntarily and intentionally waives (a) formal service of process in any action brought
tc enforce this agreement and/er fereclese the lien underlying this agreement and (6) waives any
defense to sufficiency of process, sufficiency of service of process and lack of personal
jurisdiction, and agrees to submits herself to the jurisdiction of the County and/or Circuit Court of
Broward County Florida. Owner further stipulates and agrees to file an Answer to any complaint
brought tc enferce the terms cf this Agreement and/or foreclose the underlying claim of lien within
Instr# 117217205 , Page 4 of 8
twenty days following written notice (which must include a copy of the Complaint) from
Association to Owner at his/her last known address;
(b). Owner is indebted to Association for the sum of $5,036.50 for past due maintenance
and special assessments due through March 31, 2021 including attorneys’ fees and costs, ("the
Arrearage") for the property located at 2953 SW 174 Avenue, Miramar FL 33029, (“the Property”)
all due without sei-oif, defense or counter-claimn,
(c). The consideration to Owner for entry into. this Agreement is valid, existing,
ample and includes Association's conditional Agreement herein to forbear from foreclosing on the
unit subject to this action provided that all terms, conditions, and obligations under this Agreement
are strictly complied with and performed by Cwner.
Mutual Covenants
3. Owner agrees to satisfy the Arrearage on the following terms, including a handling
charge of $20.00 for each payment:
THE AMOUNTS BELOW 00 NOT INCLUDE YOUR CURRENT ASSESSMENTS DUR.
PLEASE REFER TO PARAGRAPH 4 FOR INFORMATION ON CURRENT ASSESSMENTS
DUE.
&. $3,003.06 wy no later dhawa 63/50/2021 ; (PADD)
b) $1,028.75 by no later than 04/01/2021;
© $1,028.25 by no later than 04/15/2021
@ $1,028.25 by no later than 05/01/2021
fe) $2,828.25 by mo later than 05/15/2021 as 2 final payment.
Instr# 117217205 , Page 5 of 8
4. In addition to the payments required under paragraph 3 above, Owner agrees
to pay all future quarterly maintenance assessments and/or special assessments on or before
the first day of each quarter commencing 04/01/2021. The current quarterly maintenance
assessment is $64.00.
5. All payments required under this Agreement shail be in the form of a, cashier’s
check or money order only, and shall be made payable to Stevens & Goldwyn, P.A., Trust
Account, and shall be delivered to Stevens & Goldwyn, P.A., 2 South University Drive, Suite
328, Plantation, NL 33324, NO PERSONAL CHECKS WILL Uea ACD
ACCEP TED,
6 Association shall forbear from foreclosing on the subject unit provided that Owner
complies with all obligations under this Agreement and makes all payments in a timely manner in
accordance with the terms of this Agreement. Upon Owner’s timely payment of the Arrearage,
plus all future assessments that may accrue, Asseciation shall provide Owner with a release cf lien.
The lien shall remain valid until such time as all payments called for under this Agreement have
been received by Association.
Hvents of Default
7. The following shall be events of default under this Agreement
(a) Failure by Owner for any reason, including voluntary or involuntary
bankruptcy, to make any payment in full in the form and manner required herein; or:
{b) Failure by Owner te make any payment called fer under the declaration cf
covenants or to otherwise fail to comply with any obligation thereunder.
(c) Owner agrees to fully comply with all terms of the Declaration, Bylaws, Articles
of Incorporation, and Regulations of the Association. Failure to comply with any of the
Association's governing documents is a material breach of this Agreement.
Remedies
6 in the event of a default of any obligaiian by Velendani, Flainiilt shall be entitled
to the immediate entry of Final Judgment of foreclosure for the full amount of the Arrearage, less
Instr# 117217205 , Page 6 of 8
any payments received hereunder, plus all future accrued and unpaid assessments and all of
Plaintiff's post-settlement attorneys’ fees. The Judgment shall be entered upon application and
submission of an Affidavit of Default without notice or hearing. The Court shall reserve
jurisdiction to enforce the terms ef th isis AyA, greement. The parties further agree that the lien shall
remain valid and enforceable for a period of time in excess of 12 months to permit Defendant to
make all payments called for under this Agreement.
9 fa mortgage fereclesure action is filed during the payment plan pericd, the Parties
agree that the entire amount then due and owing to the Association shall become due immediately.
If said amount is not paid within seven (7) days following written notice from Association to
Owner at his/her last known address, then, Association shall be entitled to immediately commence
foreclosure preceedings withcut further netice cr demand, all such pre-suit notices and demands
called for under Florida Statutes and the applicable association documents are hereby waived, for
the entire amount of the Arrearage less any payments received under this Agreement, plus all
additional attorney’s fees and costs incurred by Association.
10. The restructuring and forbearance of the indebtedness on the terms set forth in this
Agreement is intended by Owner to be a substitute for bankruptcy. In the event that Owner
subsequently becomes a debtor in bankruptcy, Owner stipulates that Association shall be entitled
to immediate stay relief to complete its foreclosure action. Asscctaticn is relying upon this
provision in entering into this Agreement and the parties stipulate that this provision is a material
inducement to Association entering into this Agreement.
Instr# 117217205 , Page 7 of 8
Signed, sealed and deliver in MARINA POINTE RECREATION
in presence of: ASSOCIATION, INC.
Se
WITNESS ~ Shawertet Peer
By:
Mbe Ll hoe
John W. Stevens IIT Attorney for
MARINA POINTE RECREATION
ASSOCIATION, INC.
eS
WITNESS
®Nobauw lucie
WHIFNEY TUCKER
pae 41S Laney
Instr# 117217205 , Page 8 of 8, End of Document
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 15. day of Api | 2021 by
WHITNEY TGCAER. Su choh Pe
pe reon did net take an cath 5 (Notary must ¢ i eck applicable
box)
Sworn to (or affirmed) and subscribed before me by means of Q Physical Presence, -OR-___ Online
Notarization,
this 15 dayof April 400] by:
Whitney Geaneil Tuckey
Name of Person’Swearing or Affirming
St, dabne A . Cabrera
je
a
208
a fe Signat Public — State of Florida
Tain A: Cabrero
Neme of Notery, Typed, Printed or Stemped
__ Personally Known
A. Produced Identification
Type of Identification Produced_ -
PLDriver_licease
Place Notary Seal Stamp above
Preview
Instr# 117217205 , Page 1 of 8, Recorded 04/22/2021 at 03:35 PM Broward County Commission Filing # 125186324 E-Filed 04/19/2021 03:48:37 PM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: COWE-21-001663 (82) MARINA POINTE RECREATION ASSOCIATION, INC., a Florida Not- for-profit corporation, Plaintiff, vs. WHITNEY TUCKER, JOHN DOE and JANE DOE, fictitious names, representing unknown tenants in possession, Defendant (s). MOTION TO ADOPT SETTLEMENT AGREEMENT Plaintiff, by and through their undersigned counsel moves this Court for the entry of an Order approving and adopting the Settlement Agreement entered into in the above-styled cause and says: 1 On or about April 15, 2021, Plaintiff and Defendant entered into a Settlement Agreement, a true and correct copy of which is attached hereto as Exhibit "AN 2 Pursuant to the terms of the Settlement Agreement, this Court is hereby requested to enter an Order adopting and approving the Settlement Agreement as an Order of the Court and reserving jurisdiction to enforce the terms thereof. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/19/2021 03:48:36 PM.**** Instr# 117217205 , Page 2 of 8 WHEREFORE, Plaintiff respectfully request this Court to enter an Order adopting and approving the Settlement Agreement entered into between the parties to the above-styled cause and reserving jurisdiction to enforce the terms thereof. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent by U.S. Mail to WHITNEY TUCKER, 2953 SW 174 AVENUE, MIRAMAR, FL 33029 this 19 day of April, 2021. STEVENS & GOLDWYN, P.A. Attorneys for Silverlakes 2 South University Drive, Suite 329 Plantation, FL 33324 Telephone: (954) 458-9393 Telecopy: (954) 458-9892 By: /s/ Cassandra Racine-Rigaud, Esq. Florida Bar No. 0450065 2020-06959 Instr# 117217205 , Page 3 of 8 IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: COWE-21-001663 (82) MARIN NTE RECREATICN * ~ ASSOCIATION, INC., a Florida Not-for- profit corporation, Plaintiff, vs. WHITNEY TUCKER, JOHN DOE and JANE DOE, fictitious:names, representing. unknown tenants in possession, Telendant 6). STIPUT TON FOR SETTLEMENT AND FORBEA) NCE AG! MM ENT Parties The parties to this Agreement: are as follows: (@) MARINA POINTE RECREATION ASSOCIATION, INC. (“ Association") (b) WHITNEY TUCKER, ("Owner"). Ag ions.and Acknowl nts.of Owne: ” 2 ” En order to induce ition to enter inte this Agreer a, Qwner hereby adlenite, acknowledges and agrees as follows: (a). Owner acknowledges receipt of demand and lien by Association. Owner knowingly, voluntarily and intentionally waives (a) formal service of process in any action brought tc enforce this agreement and/er fereclese the lien underlying this agreement and (6) waives any defense to sufficiency of process, sufficiency of service of process and lack of personal jurisdiction, and agrees to submits herself to the jurisdiction of the County and/or Circuit Court of Broward County Florida. Owner further stipulates and agrees to file an Answer to any complaint brought tc enferce the terms cf this Agreement and/or foreclose the underlying claim of lien within Instr# 117217205 , Page 4 of 8 twenty days following written notice (which must include a copy of the Complaint) from Association to Owner at his/her last known address; (b). Owner is indebted to Association for the sum of $5,036.50 for past due maintenance and special assessments due through March 31, 2021 including attorneys’ fees and costs, ("the Arrearage") for the property located at 2953 SW 174 Avenue, Miramar FL 33029, (“the Property”) all due without sei-oif, defense or counter-claimn, (c). The consideration to Owner for entry into. this Agreement is valid, existing, ample and includes Association's conditional Agreement herein to forbear from foreclosing on the unit subject to this action provided that all terms, conditions, and obligations under this Agreement are strictly complied with and performed by Cwner. Mutual Covenants 3. Owner agrees to satisfy the Arrearage on the following terms, including a handling charge of $20.00 for each payment: THE AMOUNTS BELOW 00 NOT INCLUDE YOUR CURRENT ASSESSMENTS DUR. PLEASE REFER TO PARAGRAPH 4 FOR INFORMATION ON CURRENT ASSESSMENTS DUE. &. $3,003.06 wy no later dhawa 63/50/2021 ; (PADD) b) $1,028.75 by no later than 04/01/2021; © $1,028.25 by no later than 04/15/2021 @ $1,028.25 by no later than 05/01/2021 fe) $2,828.25 by mo later than 05/15/2021 as 2 final payment. Instr# 117217205 , Page 5 of 8 4. In addition to the payments required under paragraph 3 above, Owner agrees to pay all future quarterly maintenance assessments and/or special assessments on or before the first day of each quarter commencing 04/01/2021. The current quarterly maintenance assessment is $64.00. 5. All payments required under this Agreement shail be in the form of a, cashier’s check or money order only, and shall be made payable to Stevens & Goldwyn, P.A., Trust Account, and shall be delivered to Stevens & Goldwyn, P.A., 2 South University Drive, Suite 328, Plantation, NL 33324, NO PERSONAL CHECKS WILL Uea ACD ACCEP TED, 6 Association shall forbear from foreclosing on the subject unit provided that Owner complies with all obligations under this Agreement and makes all payments in a timely manner in accordance with the terms of this Agreement. Upon Owner’s timely payment of the Arrearage, plus all future assessments that may accrue, Asseciation shall provide Owner with a release cf lien. The lien shall remain valid until such time as all payments called for under this Agreement have been received by Association. Hvents of Default 7. The following shall be events of default under this Agreement (a) Failure by Owner for any reason, including voluntary or involuntary bankruptcy, to make any payment in full in the form and manner required herein; or: {b) Failure by Owner te make any payment called fer under the declaration cf covenants or to otherwise fail to comply with any obligation thereunder. (c) Owner agrees to fully comply with all terms of the Declaration, Bylaws, Articles of Incorporation, and Regulations of the Association. Failure to comply with any of the Association's governing documents is a material breach of this Agreement. Remedies 6 in the event of a default of any obligaiian by Velendani, Flainiilt shall be entitled to the immediate entry of Final Judgment of foreclosure for the full amount of the Arrearage, less Instr# 117217205 , Page 6 of 8 any payments received hereunder, plus all future accrued and unpaid assessments and all of Plaintiff's post-settlement attorneys’ fees. The Judgment shall be entered upon application and submission of an Affidavit of Default without notice or hearing. The Court shall reserve jurisdiction to enforce the terms ef th isis AyA, greement. The parties further agree that the lien shall remain valid and enforceable for a period of time in excess of 12 months to permit Defendant to make all payments called for under this Agreement. 9 fa mortgage fereclesure action is filed during the payment plan pericd, the Parties agree that the entire amount then due and owing to the Association shall become due immediately. If said amount is not paid within seven (7) days following written notice from Association to Owner at his/her last known address, then, Association shall be entitled to immediately commence foreclosure preceedings withcut further netice cr demand, all such pre-suit notices and demands called for under Florida Statutes and the applicable association documents are hereby waived, for the entire amount of the Arrearage less any payments received under this Agreement, plus all additional attorney’s fees and costs incurred by Association. 10. The restructuring and forbearance of the indebtedness on the terms set forth in this Agreement is intended by Owner to be a substitute for bankruptcy. In the event that Owner subsequently becomes a debtor in bankruptcy, Owner stipulates that Association shall be entitled to immediate stay relief to complete its foreclosure action. Asscctaticn is relying upon this provision in entering into this Agreement and the parties stipulate that this provision is a material inducement to Association entering into this Agreement. Instr# 117217205 , Page 7 of 8 Signed, sealed and deliver in MARINA POINTE RECREATION in presence of: ASSOCIATION, INC. Se WITNESS ~ Shawertet Peer By: Mbe Ll hoe John W. Stevens IIT Attorney for MARINA POINTE RECREATION ASSOCIATION, INC. eS WITNESS ®Nobauw lucie WHIFNEY TUCKER pae 41S Laney Instr# 117217205 , Page 8 of 8, End of Document STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 15. day of Api | 2021 by WHITNEY TGCAER. Su choh Pe pe reon did net take an cath 5 (Notary must ¢ i eck applicable box) Sworn to (or affirmed) and subscribed before me by means of Q Physical Presence, -OR-___ Online Notarization, this 15 dayof April 400] by: Whitney Geaneil Tuckey Name of Person’Swearing or Affirming St, dabne A . Cabrera je a 208 a fe Signat Public — State of Florida Tain A: Cabrero Neme of Notery, Typed, Printed or Stemped __ Personally Known A. Produced Identification Type of Identification Produced_ - PLDriver_licease Place Notary Seal Stamp above