Before the court is the parties' agreement for judgment dated October 30, 2020, executed by all parties and their counsel, for which the parties have requested approval ("Motion for Approval").
After review of the Motion for Approval and the agreement for judgment, it is
ORDERED that the Motion for Approval of the agreement for judgment is ALLOWED. The agreement for judgment is APPROVED pursuant to Land Court Rule 10, subject, however, to the following conditions and limitations:
1. The court has not adjudicated the right, title, or interest, in and to the property at issue in this case, of or as to any person or entity who (i) is not an individually-named party to this proceeding, or (ii) does not hold his, her, or its interest in said property by, through, or under an individually-named party to this proceeding.
2. In approving the agreement for judgment, the court has not reviewed, approved, or passed upon the terms and provisions of any other agreement, undertaking, document, or conveyance, including without limitation any agreement, undertaking, document, or conveyance executed, entered into, or made pursuant to, or in connection with, the agreement for judgment hereby approved.
3. Any breach of, or failure to perform under, the agreement for judgment hereby approved, or any agreement, undertaking, document, or conveyance executed, entered into, or made pursuant to the agreement for judgment hereby approved, shall not constitute a contempt of this court; and any litigation concerning or arising under any such agreement, undertaking, document, or conveyance may be brought in, and determined by, any court of competent jurisdiction.
4. This Order, or a certified copy of it, accompanied by a certified copy of the executed agreement for judgment as an attachment, may, upon payment of all fees therefor required by law, be filed in the Middlesex North District Registry of Deeds, and entered on the margin of relevant instruments.
SO ORDERED.
BTGOG LLC, Plaintiff, v. TEWKSBURY TOWNHOUSE CONDOMINIUM ASSOCIATION, INC., JANIE MUNRO, BOARD MEMBER, JENNIE MORIARTY, BOARD MEMBER, CHESTER HARTMAN, BD MEMBER, MARK TOMASSETTI, BD MEMBER, CHRISTINE KILBURN, BD MEMBER, ROSE MIGLIOZZI and ROCCO J. MIGLIOZZI, Trustees Main and March Tewksbury Realty Trust, GRB REALTY LLC, Defendants