Subsequent to our previous Post “BOD Meeting – Rockery Wall Legal Update”, SU has obtained copies of the legal documents pertaining the Somersett Owners Association’s negotiated settlement of their lawsuit against the Somersett Golf and Country Club (SGCC). These documents are presented here as follows:
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This nine page document consists of two parts; 1) the RECITALS, which provides the history behind the lawsuit, and 2) the AGREEMENT, which documents what was agreed to between the parties along with all the terms and conditions related thereto. For the interested, following is a link to the complete document (minus the signature pages):
Note that the Agreement contains a clause that provides for some payback to the SGCC in the event the SOA wins its lawsuit against Somersett Development Company et al. What is not clear is how this will be accomplished. That is, by reduction of the annual rent payment, requiring another amendment to the Lease Agreement, or via cash, or perhaps the SOA could pay it to them over a 44 year period.
FIRST AMENDMENT TO COMMERCIAL LEASE
Again two parts: 1) the RECITALS and 2) the AMENDMENT, a copy of which is available via the following link:
Note that the Amendment not only amends Section 1.1 of the Lease Agreement, wherein the Base Rent is increased by $5,979 annually for 44 years beginning in 2021, but it also amends Section 8.1 “General Tenant Obligations”. Not sure what the overall purpose here is but it appears to accomplish two objectives; 1) to eliminate Warranty provisions that no longer apply due to the passage of time, and 2) to cut the SGCC some slack in allowing them to replace components with those of equivalent usefulness and functionality rather than equal value. Which circumvents the SOA’s premise that the Failed Well 5 228HP water pump had to be replaced with like kind and not with a 60HP pump as the SGCC had done.
Bottom line here is that the Hole 5 Hillside repair cost issue is now thankfully behind us and, per our Board President, relationships with the SGCC are good with no issues on the horizon. Let’s hope it stays that way!