File #: 18-1558    Version: 1 Name: Settlement Agreement between City of Newark and Positive Health Care, Inc.
Type: Resolution Status: Adopted
File created: 9/27/2018 In control: Law
On agenda: 11/8/2018 Final action: 11/8/2018
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: Appellate Division A-2689-15 T3 and A-0535-16 T4 Defendant: Positive Healthcare, Inc. Defendant's Attorney: Robert Taylor, Esq. Attorney's Address: 60 Evergreen Place, Suite 305, East Orange, New Jersey 07018 Settlement Amount: $160,000.00 Funding Source: Defendant/Taxpayer Additional Comments: Settlement Agreement resolving issues only as to municipally held liens on properties foreclosed by the City of Newark as more detailed in the Settlement Agreement attached hereto Invitation: Corporation Counsel
Sponsors: Council of the Whole
...Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: Appellate Division A-2689-15 T3 and A-0535-16 T4
Defendant: Positive Healthcare, Inc.
Defendant's Attorney: Robert Taylor, Esq.
Attorney's Address: 60 Evergreen Place, Suite 305, East Orange, New Jersey 07018
Settlement Amount: $160,000.00
Funding Source: Defendant/Taxpayer
Additional Comments:
Settlement Agreement resolving issues only as to municipally held liens on properties foreclosed by the City of Newark as more detailed in the Settlement Agreement attached hereto
Invitation: Corporation Counsel
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WHEREAS, the City of Newark has been in litigation with Positive Healthcare, Inc. relating to certain unpaid taxes; and

WHEREAS, on May 22, 2018, the Appellate Division entered a decision in the matter of Positive Healthcare, Inc. v. City of Newark (Docket No. A-2689-15 T3) and the companion matter of City of Newark v. Positive Healthcare, Inc. (Docket No. A-0535-16 T4); and

WHEREAS, the City of Newark and Positive Healthcare, Inc., desire to enter into a Settlement Agreement resolving issues only as to municipally held liens on properties foreclosed by the City of Newark, as more detailed in the Settlement Agreement attached hereto; and

WHEREAS, the Settlement Agreement has no effect upon properties that have been foreclosed or are being foreclosed by third party lienholders other than that Positive Healthcare, Inc., agrees that it shall make no further claims against the City of Newark relating to any of these properties including the tax sale certificates sold to third parties or foreclosed by third parties; and

WHEREAS, the parties desire to settle their disputes as set forth in the Settlement Agreement; and

WHEREAS, the parties have agreed to settle the matter for payment to Newark for the sum of One Hundred Sixty Thousand Do...

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