Pembroke Park magistrate ratifies stipulated agreement allowing sale of multiple properties to Home Depot after $30,000 payment

A special magistrate ratified a stipulated agreement and final order Wednesday that settles outstanding code cases for several commercial properties owned by 3101 Realty Corp and clears the way for a planned sale to Home Depot USA Inc.

Bridal Sherman, assistant town attorney for the Town of Pembroke Park, told Special Magistrate Harry Hippler that the parties agreed on a $30,000 payment to the town to satisfy accrued fines and outstanding permit-related amounts so the closing scheduled for the next day could proceed. "This would then at least allow them to close," Sherman said.

The agreement covers properties identified in the hearing as 3101 West Helena Beach Boulevard and several adjacent numbered addresses. Sherman said the properties currently have resolved code cases whose fines remain unpaid and multiple open or expired permits and voided tenant build-out applications. Under the agreement, the town will release liens on the properties upon satisfaction of the payment and recording of the signed agreement.

Joseph Edelmann, representing 3101 Realty Corp, confirmed the parties' readiness to proceed: "So far so far, we're good." The law firms representing Home Depot — Greenberg Charrig (represented by Tracy Lautchleger) and Continuum Legal Group (represented by Gary Knopf) — concurred with the representations on the record. Knopf said he had "Nothing for me," and Lautchleger said, "I concur with the representations you've made to the magistrate."

The stipulated agreement places additional conditions on the purchaser. Sherman said Home Depot will have one year to remedy the listed issues on the properties; that remediation period may be extended for up to two additional years, or the issues may be remedied by demolition. Sherman added that Home Depot has agreed not to allow the affected bays to be occupied or to re-sell the properties until the properties are brought into compliance with the Florida Building Code for health and safety.

Sherman also noted there are two other, separate mitigation matters not included in this stipulated agreement: those previously went to mitigation before another magistrate and carry mitigated amounts that the parties expect will be paid from closing proceeds. Sherman estimated those mitigated amounts at roughly $10,000 each and said they would be paid at closing and the related liens released upon satisfaction.

Magistrate Hippler indicated the signature page of the stipulated agreement needed a correction: only one witness had been included on the copy before the tribunal. Hippler authorized redoing the signature page with two witnesses and notarization so the agreement could be recorded and his ratification converted to a final order. For the record, all parties waived additional notice and agreed to proceed with the hearing.

The magistrate signed and entered the stipulated agreement as a final order at the hearing. The order, as described on the record, permits the sale to close conditional on the $30,000 payment and the other provisions described above. Sherman said the town will record the revised signature page and release liens after payment and required recording steps are complete.

No formal vote by a council or commission was taken at the hearing; the magistrate's act was a ratification of the stipulated agreement and entry of a final order based on the parties' representations. The parties and the magistrate closed the hearing shortly afterward.

Less critical details: the hearing included a short administration of the oath to witnesses and routine roll call by staff. Several participants appeared by phone; counsel Lourdes Abeliam, who represents 3101 Realty Corp, was noted as unavailable but had given authority for others to proceed on her behalf.