Council to approve amendment to settlement with Brie Frank; village counsel says lawsuit will be filed to clear title
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Summary
Council discussed adding Amendment No. 2 to a settlement agreement with Brie Frank addressing a title issue; village counsel said she is drafting a complaint and will retain outside counsel to pursue service and prosecution while the amendment extends closing dates.
Staff asked the council to add Amendment No. 2 to a settlement agreement between the Village of Wellington and Brie Frank to address a title issue that arose during closing. The amendment would adjust the agreement to account for additional legal fees and extend the closing date until after disposition of the related action.
Village attorney Ms. Cohen told the council she was drafting a complaint and intends to retain outside counsel, Mr. Hochman, to prosecute the case. "I expect early next week to be finished drafting the complaint. Then I'm going to confer with Mr. Hochman, and we'll put the ball in motion, get it filed, and get it served as quickly as we can," Cohen said. She said the village will seek service on the defendants as promptly as possible; the legal team aims to obtain service by Dec. 1.
Council members pressed staff to prioritize the filing. One member expressed strong concern and urged legal to expedite service and prosecution, saying the matter should be a "top priority". Ms. Cohen said the title company had supplied the list of defendants and that the village expects to be reimbursed for half of the legal fees under the amended settlement terms regardless of whether closing ultimately occurs.
Why it matters: the amendment and the parallel legal action address a title defect that could affect whether a real-estate closing occurs. Staff said an adverse court order could allow the purchaser to decline closing under the agreement.
Legal staff said costs for service of process may be significant because the title search identified multiple defendants; the ultimate length and cost of litigation are uncertain. The village attorney said legal budget funds are available to cover fees while the village pursues the action.
The amendment was presented for inclusion on the consent agenda; the transcript records the discussion and staff statements about filing but does not show the final vote on the consent agenda.