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Home My Public Portal AboutLamson, WilliamAGREEMENT THIS AGREEMENT ("Agreement") is made this day of 3tiyE 1992, by and between SPANISH RIVER DEVELOPMENT, INC., a Florida corporation ("Owner"), WILLIAM LAMSON, individually, and the TOWN OF GULF STREAM, a political subdivision of Palm Beach County, Florida ("Town"). WHEREAS, Owner owns the following real property located within the Town: That part of Lots 3 and 4 East of State Road AlA, Block B of the Plat of Blocks A, B and Z of the Palm Beach Shores Acres Subdivision, Township 45 South, Range 43 East, Subsection 34; as recorded in the Official Records of Palm Beach County, Florida hereinafter the "Property"; and WHEREAS, William Lamson has a beneficial interest in said property; and and WHEREAS, Owner is constructing a residence on the Property; WHEREAS, the Town has notified Owner that it has violated certain Town ordinances as more particularly described in the notices attached hereto as Exhibits "A" and "B"; and WHEREAS, Owner intends to apply to the Town for a variance which, if granted, will allow it to retain the portions of the residence which are currently in violation of Town ordinances; and WHEREAS, the Town has ordered all construction on the residence halted and has "red -tagged" the project; and WHEREAS, the Owner desires to proceed with construction of the residence pending the variance process, subject to the terms and conditions hereof. NOW, THEREFORE, in consideration of the foregoing and the considerations and covenants contained herein, the receipt and sufficiency of which is acknowledged by the parties, it is agreed as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. Owner shall, no later than JgMZ , apply to the Town for a variance which, if granted, would permit the constructed improvements which are in violation of the Town's ordinances to remain. 3. Upon execution of this Agreement, and upon receipt of the application for variance, the Town shall remove the red tag from the project and take whatever other steps are necessary to permit Owner to immediately re -start construction on the residence, provided Owner limits construction to previously approved building plans and site plan documents. 4. In consideration of the Town's agreement to remove the red tag and to allow construction to proceed as stated herein, the Owner and William Lamson, in the event the application for variance is denied, hereby waive any right to appeal, request a rehearing, or challenge or otherwise attack the denial, and shall not institute any further legal proceedings with respect to the 2 variance request or previous actions of the Town relating to the Owner, William Lamson or the Property. 5. In addition to the requirements of Paragraph 4 above, in the event Owner's variance application is denied, Owner shall, within a period not to exceed ten (10) days, remove the improvements which have been cited in the attached Exhibits. In the event said improvements are not removed within the time stated, construction shall be immediately halted and the job will be red - tagged by the Town and no construction shall continue nor shall a Certificate of occupancy be issued until the Owner has complied with the terms of this Agreement. 6. Owner may continue with construction of the residence, regardless of the ultimate outcome of the variance application, provided Owner is in compliance with the terms of this Agreement and provided construction is in compliance with plans previously approved by the Town. 7. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and permitted assigns. 8. No claimed modification of this Agreement shall be effective and binding unless such modification is in writing and duly executed by the party sought to be charged therewith. 9. All aspects of this Agreement shall be governed by the laws of the State of Florida. 3 10. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Signed, sealed and delivered in the presence of: OWNER 741,E Witness Witness SPANISH RIVE g OPMENT, INC. a Florida 4 ation By rte_ Dated: C TOWN TOWN OF GULF STREAM, a political subdivision of Palm Beach County, Florida— By /4 Its �OS/� /�m✓lag f c y� ATTEST: 4.1.d� , Dated: 6 - y -9L APPROVED AS TO LEGAL FORM AND SUFF E CY own Attorney Dated: ��9�12 JCR\13147-01\SPANISHR.AGR 4 I OWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR., Mayor ALAN I. ARMOUR. Vice Mayor JAMES E. CROSS KATHLEEN S. WALLACE LAWRENCE E. STAHL May 4, 1992 Mr. William Lamson 23107 Harrow Court Boca Grove Boca Raton, Florida 33433 RE: Site Plan Amendments File 92-3 Dear Mr. Lamson: Telephone (407) 276-5116 Fax (407) 737-0188 Town Manager E. SCOTT HARRINGTON Town Clerk RITA L. TAYLOR This is to confirm the final action that was taken regarding your application for site plan amendments to the structure and development of the property at 3777 North Ocean Boulevard, Gulf Stream, Florida, at the Special Meeting of the Town Commission on April 15, 1992, and continued in a Special Meeting held on April 21, 1992. 1. The changes you requested for the west elevation were approved with the condition that the two center columns on the north side be removed, leaving 4 columns in place. 2. All changes you requested for the north elevation were approved. 3. All changes you requested for the east elevation were denied, those being the addition of a second and third story on the southeast corner. 4. All of the changes you requested for the south elevation were approved with the exception of the addition of the second and third story on the southeast corner. Any and all construction at the premises must be in accordance with the site plan documents previously approved by the Town or as amended as set forth above. Amendments to previously approved building plans will be required to be submitted to the Town's Planning and Building Department for review and approval. Please be advised that prior to any building plan amendments being processed, prior to the issuance of any permits and prior to construction proceeding on the premises, it is required that any improvements which have been constructed on the property, inconsistent with previously approved site plan documents, must be removed. Very truly yours, Rita Taylor Town Clerk 100 SEA ROAD. GULF STREAM. FLORIDA 33483 I OWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH. JR., Mayor ALAN I. ARMOUR, Vice Mayor JAMES E. CROSS KATHLEEN S. WALLACE LAWRENCE E. STAHL May 4, 1992 Mr. William Lamson c/o Spanish River Development, Inc. 23107 Harrow Court - Boca Grove Boca Raton, Florida 33433 FA -4j— Fr 1 . leln]moh al 11G ssalppe wnlai S) 'S331h leviso Telephone (407) 276-5116 Fax (407)737-0188 Town Manager E. SCOTT HARRINGTON Town Clerk RITA L. TAYLOR CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: NOTICE OF VIOLATION - 3777 North Ocean Boulevard, Gulf Stream, Florida 33483 Dear Mr. Lamson: This is official notice that the second and third story additions constructed over the southeastern corner of the residence under construction on the property generally described above, and more particularly described below, are in violation of SECTION X - GENERAL PROVISIONS, subsection M of Ordinance 83-1 (Town of Gulf Stream Comprehensive Zoning Ordinance), as amended, which requires a site plan review and approval as a prerequisite to building construction and which requires that structures which have obtained such approval be built in accordance with the approved plans. Further, the subject additions are also in violation of Chapter 4: Building and Building Regulations, as amended, of the Town of Gulf Stream Code of Ordinances which requires that a building permit be obtained for the erection of structures within the Town of Gulf Stream. Under the provisions of SECTION XVIII - ENFORCEMENT, VIOLATIONS AND PENALTIES of Ordinance 83-1, you are hereby given ten (10) days from the date of receipt of this notice to remove the violating structures. The property in violation is described as follows: That part of Lots 3 & 4 East of State Road Al A, Block B of the Plat of Blocks A, B & Z of the Palm Beach Shores Acres Subdivision; Township 45 South, Range 43 East, Section 34; as recorded in the Official Records of Palm Beach County, Florida. As indicated in the Town Clerk's letter to you of May 4, 1992, the Town Commission denied your request to keep the violating second and third story additions. Therefore, these additions must be removed in accordance with the aforecited codes. Failure to comply with the requirements of this notice will result in the Town taking all corrective and legal actions provided for in Ordinance 83-1 and the Town Code of Ordinances. Thank you for your attention to this matter. Please contact me if you have any questions, Sincerely, "HagtoWn Town Manager 100 SEA ROAD, GULF STREAM. FLORIDA 33483