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Development Agreemnt - Recorded w/pbc
Address: RECORD AND RETURN TO: John C. Randolph, Esquire Jones, Foster, Johnston & Stubbs, P.A. Post Office Box 3475, WPB, FL 33402-3475 WILL CALL #85 DEVELOPMENT AGREEMENT IINI11111111111111111U 11111111111111111111111 IN GFN 20130420056 OR BK 26 343 PG 1265 RECORDED 09/24/2013 12:19:13 Palm Beach County, Florida Sharon R. Bock,CLERK 8 COBPTROLLER PUs 1285 - 1326; (42pgs) THIS DEVELOPMENT AGREEMENT is made and entered into this 17 `qday of 14 7r , 2013, by and between the TOWN OF GULF STREAM, a Florida municipal corporation (hereinafter the "Town"), whose address is 100 Sea Road, Gulf Stream, Florida 33483, and MARTIN E. O'BOYLE ("Owner"), whose address is 23 North Hidden Harbour Drive, Gulf Stream, Florida 33483. RECITALS WHEREAS, the Town is empowered and authorized to enter into Development Agreements in accordance with the Florida Local Government Development Agreement Act, Florida Statutes Section 163.3220-163.3243 (2012) ("Act"); and WHEREAS, Owner filed an application for Development Approval for a Level 3 Architectural/Site Plan Review ("Application") seeking permission to construct a new front entry feature to his existing residence located at 23 North Hidden Harbour Drive ( "Property"); and WHEREAS, the Town Manager, acting as the Zoning Administrator ("Administrator") determined that the proposed design of the new front entry feature would require four variances from the requirements of the Town's Code of Ordinances ("Code"); and WHEREAS, the Town Commission, sitting as the Board of Adjustment conducted a quasi- judicial proceeding, following which it sustained the determination of the Administrator that four variances from the Code were required, of which only one was granted ; and WHEREAS, Owner appealed the Town Commission's Final Order and subsequently filed a number of public records requests associated with the denial of the Application. NOW, THEREFORE, the Town and Owner, for $10.00 and other good and valuable consideration, including the terms and conditions of the Agreement, the receipt and sufficiency of which is acknowledged by each party, hereby agree as follows: 1. Recitals. The recitals are incorporated herein and made a part hereof. 2. Current Zoning. The Property is located within the North/South Zoning District, Section 70-27 of the Code. 5. Concurrency. The Property meets all applicable levels of service. 6. Comprehensive Plan Consistency. The Property's zoning is consistent with the future land use designation of the Town's Comprehensive Plan. 7. Land Development Regulations. The land development regulations which shall be applied to the Property are contained within Chapters 66, entitled "Zoning" and 70, entitled "Gulf Stream Design Manual" of the Code. (a) The architectural feature shown on the entry feature as shown in the Plans (as defined in the Settlement Agreement attached as Exhibit B) is not an "eave" and therefore shall not be subject to the eave height requirements for structures pursuant to the Code. The result is that when the Code is properly applied to the Application no variance is required; (b) The height of the proposed entry feature for this two story structure is not subject to the eave height requirements contained in Section 70-100 (c) of the Code. Rather, the height of the entry feature for this structure is governed by Section 70-100 (a) (4) of the Code. Under a proper application of the Code, the Architectural/Site Plan Application submitted does not require a variance; and (c) With respect to the minimum front yard setback, a proper interpretation of the Code would be that this setback should be measured from the atrium (the wall and trellis system just north and east of the front entry of the home) as shown on the Architectural/Site Plan because the atrium is part of the home. More particularly, the beginning point of the measurement of the front yard set back should be the northernmost point of the atrium. When the atrium is used as the beginning point for measurement no variance is required because there is no encroachment. B. Term. This Agreement shall have a term of thirty (30) years after the Effective Date; provided, however, nothing shall preclude the parties from modifying or extending the Development Agreement or entering into a new Development Agreement. 9. Authorized Development. The Town agrees: a) that the Property may be developed substantially in accordance with the Application (Exhibit A-1) or substantially in accordance with the Plans (Exhibit A-2); b) to issue (or cause to be issued) such other necessary permits, permission and approvals as may be required to demolish and construct the Improvements upon the Property as set forth in the Application or on the Plans; C) that the height of the home's entry feature may be 30 feet measured from the highest floor elevation to peak of the roof, d) that the front setback for the Property shall be measured from the most northerly portion of the existing atrium to the front lot line.; and e) that the area under the entry feature shall be excluded from the calculation of floor area. P/1101/C/C/R2012 08.27.13 Page 2 f) that the development, renovation or redevelopment of the Property shall not have more than one residence, which residence shall be a Single Family residence and which residence shall not exceed two stories. 10. Amendments. This Agreement may be amended by the mutual consent of the Town and Owner. 11. Exhibits. The Architectural/Site plan for the Property is attached hereto and incorporated herein as Exhibit A-1. The Plans are attached hereto and are incorporated herein as Exhibit A-2. The Settlement Agreement bearing even date herewith (and which is attached hereto as Exhibit B) shall be incorporated herein and be a part hereof. 12. Termination. This Agreement may be terminated upon the agreement of the parties. 13. Successors in Interest. This Agreement shall inure to the benefit of the parties successors and assigns, and shall run with the land. 14. Recording. In accordance with § 163.3239, Fla. Stat., this Agreement shall be recorded in the Official Public Records in and for Palm Beach County, Florida, within 14 days of its execution by the parties. 15. Governing Law. The laws of the State of Florida shall apply. Venue shall be in Palm Beach County, Florida. 16. Attorney Fees. In the event either of the parties must enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney fees and costs through the appellate level. 17. Effective Date. This Agreement shall become effective upon the recording of the Agreement by the parties. 18. Conflicts. If and to the extent that there are any conflicts between this Agreement, Exhibit A-1, Exhibit A-2 or Exhibit B, the provisions of Exhibit B shall prevail. 19. Building Envelope Attached hereto and incorporated herein as Exhibit C is a copy of a Survey which Survey provides a Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O'Boyle (including his heirs, successors and assigns) may construct Improvements in the Building Envelope; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town. P/1101/C/C/R2012 08.27.13 Page 3 -tl IN WITNESS WHEREOF, the parties have hereto set their hands and seals this day of .a 2013. " `ATTEST: c[ TOWN OF GU S E FLORIDA By. : y Mayor . i APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY or John C. Ra o Attorney WIT ES Signature arae: LvtII14AM Fri? IA Signature Print Name: _1- `o..V rem +\A. (�6iy)V CA— P/1101/C/C/R2012 08.27.13 Page 4 MARTIN E. O'BOYLE Towne GWI5lream Address. PART 1. APPLICATION REQUIREMENTS To be computed Sy Town Slaffdurfngpre.applica6an Wnfemnca. A. Review and Approval Processes 0 I. N.Ocean Oveday Perm3 0 9. Sign Rewew 0 2. Land Clearing Permit 0 3. Annexalion Review 0 16, Site Plan Review, Level 111 0 A, ConyxeltensWe plan Text Amendment Review 0 1f, She Plan Revision 0 12. Special Excepllon Review 0 5. Demolition Permit 0 13. Subdivision Review 0 6. Future Land Use Map Change Review 0 14. Vadance Review 0 7. AdmmislraUvo Appeal 0 15. Rezoning Review 0 6. Zenb9 code Text Amendment Review 0 16. (Other) B. Application Materials NUMBEROF COPIES REQUIRED APPLICATqRIARIAL 1 1'. Completed DevelofionZ feed+ - 17 3. General Locatlon Malan)17 4. Site Plan(2 fu11 size, to I Ix 17')17 5. Bul tit Elevellons 5 reduced'17 6. Foor Plans (2 rail sizd') 17 1. Raaf Plans (2 k site, l5 reduced' 4 PerspemNe andfar Color rendering (Recommended for m"Ung) 1 U. Oromage Plan (if aliened) 17 W. Landscape Plan (Z fug she, 15 reduced') 11. Sepik Tank Permit 12. OUT Oriveway Permit [4 on AIA, for any alterations to drive) 13. DOT Landscape Permit (AIA) V 14. Survey (I1%11) 15. Subdivision Plat i6. Concvrtency Oocumenls 1 17. Proof of 0emershq(wanan deed) 1 10. Agent Alfidawl 1 19. List of Macent Property Owners Envelopes 26. Properly avmers within 25'I3g0'(sleniped addressed envelopes, no return address 1 21. Proppdy Owners Affidavit I set 22. Photos of Existing Home (a ap icable) 1 23. Construction Traffic Management Plan 24. 'NOTE: Where multiple copies of a drawing are required, two copies shell be an original full size (24" x 36") drawing which Is signed and sealed. All other copies shall be reduced to 11" x 17", Please refer to the Instruction for more detailed information. Appepecn for Dm4nwnt Appogt Foam A6A31We Prw I fevemnber2eel .. Trnm0fGm7EbO,m TOWN OF GULF STREAM APPLICATION POR DEVELOPMENT APPROVAL T116 form is to be used rw al dev _-- . .Archged" Review and Planing Bnnard, Bplayy dAd P�Catbna b 6e Ire:rd 6y the Town d Gulf Stream form Pmpedy, Please review thea ��' and or TOM Cummtssion• To complete the DeveloPmerdRev�wFbIm. Fallurelmocicomplato "do fame Pm of GUY �will ddelay mnsfderdfor �on.. ARPS FHe k TO be cdPleledbyaHappPwnfs. PART GENERAL INFORMATION A. ProJectlnfonnation IA1. ProjecHgvmefName: MAt2fN.( 015QYLE IA2 PmjeclAddm: 2HIMNNAa�iDIZ I�UJ (RCd4dl N ��•1Q�'fj IA3. PmJW PedyLagoIDm#9on: jbj 5,j} MEN 14AVM GTAR5 920)1 11", TD THk PI t}T iNr DG I RL� ltd P 14T 50.7K 210 slur rutxae u�coleDS Io� PA4M1t EEpCN cbuNry, GIDRla4. --r A.4. Fhojeq DesapDon (desuHre in dataq Hrr,H,d v ofslodes, eta) tIDDITIDN D� �N 4L� mpg ^ ' p°1} PF WITH MEW mv QoDRtyDF L1ANT5 . 1A.5. Square Footage0NewSt"lureorAddtion: Ila 6& -CT, -UN nNDITI NAI, AMIfitecluradstye:�QANrRg MEtbj7Eg*A EW WfIVAL 1A6. Check all lhel aP*YAmhIledurayS'P,e Plat Review O Land Cleating O Nwlh OrnPl (template se�" B)�.(Demorelon ofSWcWms D Nontes'menDalu (artplele aecCW GJ 7. SP�al Eaceplion (cwnplefe sedionJ I�`�//��"��-J7,,-__ 1A7. (a) ProposedF.F.E: NO(AANAE -7118 TypeofFeundefon:-&mb FCDTINb B. Owner information I.B.1. OwnerAddeas: M�/i1R,tlR2lD'P.1DY.F 182 Owner Phone Numbrx._�{r,�'1•�nn•�11'!i F�e�-31d�•b�7 18.3. OmarSlgiatwe: C. Agentlnformatlon`�� PALESS'A'F�t'1,LDPu11��f I.C.1. AgentNameanciftNava: WII.LIQ11� IC{rpIbOW15E1K&Pe•W I.C2 AgenlAddress: 11.0 W.NEuNDRfCENt�Z1:R jEDt N}� F( 72 I.C.I. Agent Phone Nlmtber. f0%q,510-&51b .Adwp. 4,*A — Acw., ZI.h. mcro Pre Da e: - - 1 ARP8 Date: App Date: RRemmnendalion: Dom Data: TCD&. Decision: APPkalIan far DwelopmenlApproval Form AOA20Do mvlaed N13'l10 Pega 2 Town of Gltf Slroam PART 14 PROJECT DESCRIPTION AND JNSTIPICATION brief he Attach fed byaB eppUcanh etarpre.app,Yca mgye hTown Staff. Please tie Oonc/se lwl oriel. Alldch addtional sheets on^/ when nawssary and be swa to induce St ff. Pl adae and guaaDannumberfoream anpkle responss. c %4 Poled DescripDan and JostfkaDon IIIAI. 0what Zoning d&bld(s lho projed,Re l s� IIIA2. Is Ute �� Pmieed1compawetafhafnlenloflhezmtvd'd&vVY, 0 N E,pItet' fxr ��r. TON fN(15t1�F4MfKs'xr yr WITH 5Ifs tic hrv'NNC DAO. k 'he +bMCh IN rtlt t(N$pE 5 I IUv?, C project condsla (tell the Nohae land the Map and ale, Objectives and Policies of the mryaalensive Plan? OYes 13 No &pian. IT AffVR25'fh PaCAn�TAt4Tcrc J r"n� 1 IIIA4. Ifeware lngressand egresstothe propertytekprovided9 HIM. II 11a Prejad Invcves the amcam Of One Of mem sirudwes, please descrIba hew the Slmdlaes are hmdslenl wits the odeda H SeWOO 66144 of the Tmm of OWf Stream Coda, (Attach zddlWnd sheet if necassary.) tt�4ADntnoN En+t4rFrY�+, n� y TtcS 6f-rFtE� blr ,g IFT tE P t(b1f 1111tu -ruFPkE . } }}IT / tltRAl BTV K �iwu sr: t.rc.To -u rc., rNow ARTDr. M KLINFOMF WITH TIYd0.L PRoPERrI�. PART N. ADDITIONAL INFORMATION Sedan A h fa he completed 6y aY appd'cads agar pa-apgeab'an can(arence lalh Tam staff. Answeffng 'yes' fo anyquaSUOuin SecGonA requires the mmpleliah OfoddSmalSeciom askdcWed A. Additonal ApprovalslRequb,,,mI, NAI. Does the prole e lend area whhh MY Ieel (607 d the AIA (NOM Ocam BoWevwd) rlghl-O • way? Oyes No(If'Yes', seam B oftds pad must be WmMeled.) NA2. Does the project involve the de=W, done or In"aWdum?Yes ONO (If "Yee, section C ofI%part mud be=plaed.) IVA3. Does Ola prOlOd bwolve IM dewing or Rung of my porton ofan wdJvacant let a mme glen fity Pmcerhl(50%)title NWs4edamadadwOopodld2 ❑YwNO (If'Yes', secton 0 of m pmt mud be eompleted) IVA& D tlaproledmWkapprovadaSpeda Ex Poon? Ts ONo(g'Yes',seom EdWispMnmtbecanplaed) IVA6' IsglePoled a' vadance w81 any reg&fts mnlaned N Na Zocng Code? Yes ONO(II'Yes',sectanGdtilsspminmlbecampided,) AppteaDon for DevelaRmtAppmvw FmmADA32oo0 Page 3 Tdvmbf Gulf Steam B. Projects Requlring North Ocean Boulevard Overlay Parana W.B.I. Mal significant landscape features a archileduml feadres are to he disturbed a added and to what extent? IV.112. Ducribe the need and justification for the dishrbanceladdillon:. IV.B.3. bull the disturbanceladdlian destroy of sedowdy impair visual relationships among buildings, landscape features and open space, aintoduce iecampatble landscape features a plantmaledal that desboys or Impaks sign0icanl viers orvistas within Me North Ocean BONevard Overlay DlsW Yes No Explain: IV.BA. Howls the designconsistenlwith lhs AlALandsraps Enhancamant Pmjecl? N.B.S. Wnal,m'tigathm is proposed so that the dslurhanceladOgon has the least impact poss3db to the visual and aesihade quality of Oe North Ocean Boulevard Overlay D sblcl; _ 'C. Projects Requiring a Demolition Permit N.C.I. when we the e)asmrgswclwaslobe demolished? IAINEN PERMIT IS DIVAIM IV.C2. when are the proposed.sWctureslobe constructed? MEN PERMIT ISDBTAINO IV.C.3. What is the landmark status of the structures tobedemolished? IiWe D. Projects Requiring a Land Clearing Permit N.D.I. Describe Ihdse vegelatNe materials of d inches In dameler and greater to bo Nath Ocean Boulevard IV.D.2. Describe the need and justification for the removaitmic agon: IV.O.3. How Is 0o removal from the teojati slle of vegelalfon to he mifgaled: IV.DA. How are the mmakiing and relocated vegetative materials to he protected and preserved during the land clurktg and constriction adMges and 111MAW? N.D.S. What moacemenl matedsle are proposed? Application ra OavelopmealApproval, Form ADA.32000 Page 4 Febmary 2002 1 - •ten �C1 �t- — Vill RmgD E Projects Requldng a Speclal Eroepgon. ry' �hloAoseduseepermiledspwloicepronuse4 Yes DNo CadeS y�� ander designed, located and PMP05ed to be opetaled so Thal the ��•-� moralswilheprolecied7 Puhhc health, safety. WECTE EiESiNFT R-ap"ENHAi.jC� tE51GN N.113. Iwai uhs use rause subs helocyledq OYes�mkB�'b�eWolher No Pmpedy in the nelghhorhood where III, to Fpm. CR_- EME u5 — 6y NHBANCI L PE�Rr N N.E.4. Howwgthe Use he Is to helacaled7 con9aRtavdlh*fningdeveIX,,4 Wthecharacter of the Dbtr(W where II "NI=W FMS IR11LFit2 7b NEAR$ ) Rot6ZTIEs. YPosllandacePin9andsaeen4iguepmvided7 NDTAPPUC NCW MN INf�. �-NO N.E.G. Does tm use lam xdh all applicable NO caled7 ❑Yes uNo rVdatals goveming tre, OLstrhl whamJn II H a he y LL 14FOHr of NIr; CpNfoRn1s m 6u 7E WAY r s , ftm (, U. -TffE Epv� musr CEPA15Eb em 23"ib 25-1 IN• 7. TD AVDID Lld/JKllCtINEtWITy �7(IS(INEr KQp IfEQtrW)• F.Non•ResidentlaiProjects andReshknualproje'I,'IDreatertunzunik Fl 1�L nria�. NF.1. tOORwronemafodWe a re b beprovWed, die Nem end how troy ere to ha mainlained. NF2 Iles, facNtes are b be provided, desrnbe Biers and their pWentW Iropaote on surrounding N.F.3. For each WWe fdloeirg, Its,Use numb Loadhg Spaces: erpmvkLd and theirdimmnsious. Standard Padilg Spaces; - SmaicarParkh�g Spaces; Handicapp ed Patkmp Spares; DrivewaWAIsles: Applicaron for OevelopmenlAppruval FminADAa= Page 6 __ "-�11 ' E Projects Requiring a Special 4-eption. TV. Et. H0`6 PrOPOSEd use dust mgNd"oal IV.E2, Haw is the 1± etteplbn use? i(Yes ❑I4o Code Section: N. N reg ' wa Proleded7 d NoPosetl lobe aperaled se Uut Wa Public healW, safely, N ARE FF t $UT ENHANCES tb=� Tlf �� IFiN IVF-3.use q� e substanyal 0 Yes)(Na ryarYbUre vahte ofsUw propedyb Wen hood where II Is la ErDlab. ITA1.1111 ALIpW . A EkR>aNC� * N� p � EtdNA CPD �UILDIN N.E.4. NOW I'UITM iJ lE7+i Dp1). is to be located? use be M PB[b wild eq°k'bB devdoprnenl and _ the character of the WsUk4 where it IVIS WILL W �� iVl?E WHI5 �I OF KI N�hi ENTRANCE ItiIII i41Q T N,NEAR UNTIES. E5, WeallaMseapulgandscreeningareProviled7I'1 IS kOP O C4tAN6E 100LAND 15614,,1 cgn(D564P, Cj 7D N.E.S. Goes We use M*lh all kre8lad7 13Y,, KNO ePPUrabb m u uz gaveming We oebktwhereb It Is to be O Dab. T 11' CAL5— 11 � 15 %iD 1 Pr UND�(L T f5yf VNAEtZ NEVJ CODE THE 5Ftgn EVEK TR)06JH OIL Y RpAD tBlkf�' P,Non-Resldenllal Projects and Residential projects, of Gmaler than2 Units C t" -( S, ��I t 00ne"°n areafacUpes are b be provided, descrpe ha Orel howUley are to be Maintained. N.F2 If n"""Uon fadlliz era b 6e provided. drscnix them end Weir potential a a e• 4np ce on surrounding N,F.3LIarting , fvreaspaces: f° ng, Usllhe number provided and Mr ch,rislons. Standard P �U Spaus: Snap CarParkbg Spares: Handle ad Parking Spaces• YciAleks: . AppGcallun far0eve1op1enl AP roMFwMAGA.3Yll0U Page 6 fbkm of c df sUeam VARIANCE - ZI 1P Fl CD12 G. Projects Requiring a Variance (cnde Se011bin6&150 through 157) , IV,G.1, From what specific Zoning Code regulation is a variance hequealad? 1D -IDD 1 F EAVE 15 ?W -V W WINEIS I IT WOULD PNV516A f V P�NFLI T WITH EMSTIN6 FbDFIRM. IV -G.2. What does the Zoning Code require (or ibis speuTicsite? THE PRoPO ENTKA F Sema lsWIT+IIW 1��3D'NFIeHTALIDWANdf 1l -THC F2AWEWOULDN�II�DLE 1-134"'Ib 'COMPLY, N.G.3. What Is proposed?FAVE �lEt '= �� RA HI Nf15 DK. IV.G.4. Whal is the total varbance requested? 7 FROM Zjh�a J-, n � hs IV -G-5- The (othwthg 8 mandatary variance fndings from Section 66-15•, must oa yad�dreLsled..—(Allach additional sheet If necessary.) (1) What specific conditions and ciramslances exist which are peculiar to the land, structure. err holding Involved and which are not appibable to olher lands, sWchires, or trulld'ngs N the same zoning disldcl? [�a a tiger •k 1 // (2) Did the special conditions and chanhsbuhces result from the actions of the appleaol? Yes `J (3) Vial granting the variance conferupon lheappliqulany special Privilege that Is d b1'Bhe Zoning - Code to-otheriands,buildings, a skgdures N the same zonYhg district? Yes No Explain: _TNF NFIANT T OB416L1RAMu4 bF THIS HD UNlOUE. (4) Howwould a Iteral Interpretation of tire prwutons of the Zoning Onlinance deprive the applicantof rights commonly enjoyed by other properties N the some zoning d¢bid under (he same terms of the dninance and work unnecessary and undue hardship on the appicant? THIS HU6F DE51AN 15 UNIWUE l50 1T CAMTTIR AC%K-rICAM ENHANCED WITNDIAT MATING b- MIA& W1106f AND HUATIEW THF AMARAN@E O THE WE (5) is (he Variance requgstuMlie minkrarm variance that makes possible the reasonable use of the land, buildiNcrsbw Y No Explain: MINIMOM VAIZI AW TA ENNAWr, THE APPFARAN^.E -Tb ftlt- CDtsWRM Tbl" NEI@MADD. (6) WA granting the variance pemhti eryproViibied use to be alaborshed or reestablished: Yes & (7) Is the requested varianceroroktenlvn'lydha goafs. policies, and objectives of [he future Land Use Map of the adopted Comprehensive Plan? Ya No (8) Wil the variance be In hammy with the genal mtenland purpose of the Zankgce and not be lojudous to the area invoked ordthervdse detrimentl(olhe public welfare? Yes No i=xplatn: It ENHANCE6 744E APMAANCIr AND IW"566 TRIS A -Nb NEARel ME. . --- — Application for Development Approval, Fam ADA.32M Page 6 Febrbary 2002 r 'ibWWGalfslream VARIANCE %-r WY— G. Projects Requiring a Variance (Code $Began W150 through 157) , IV.G.1. From what Specific Zoning Code regoiallon is a variance requested? ��"14"��, N.G.Z What does the Zoning Coderequhe[,this speolfic ske? A�T 2T6ACK. ?ov &M "VEEOTlut" WT LINE THE a1EFLE TWE` WT Ulaf i+AS CNANEiED Ct-rUE,N�cTnHcOcIJf H HOM AND RDAD F WITIF '., N.G.3.Vvhalhpropased7.s RVC1.o4cxe.,5 OF 11115 MCA What Is the IoW variance requemadif 21 £ V FNM -H ft j W►'(H 'r W.G.S. The following 8 mandatory valance Endings faro sec8on 8&154, mush CROaddACANIENT. additional sheet g necessary.) (1) What spectilo conditions and ckmrmslances exist which are peculiar to the land, structure. M hooding Involved and which are nW applicable to other hands, sirmbires, or tiolldiilgs in 01e same zordng dbarlet? TRE W M5 CHMgEU AND A NDN CDNI:DWNIV WAS _ �RJ;AtI%D. (2) Did the special conditions and cFamslances rend from the actions of the applicant? Yes No (3) M gmnlIng the variance corder upon the appllcenlany special prlvlegelhat is de the Zoning Code loolharlands, buildings, or slNCNresInlhe samezankg dkkInll Yes No Explain: WHEN !�fT6V% LAN&UACE WAS EHAt% AU. 9W%!5 61MI WWII LOCATED WOUTA I?f KDM LIDNFD006. (4) Hay would a Moral Interpretation of the provisions of the Zoning Ordnance deprive Um applicant of rights commonly enjoyed by diner properties In the same zoning district under 0te same terms of the mance and work unnecessary and undue hardship on the applicant? TI PlIANCAL 5ETWK 15 40 .1 IRT UNDER THE MD (4ppe Put' NEW MIMS WAej)M Sit t3tNK AS 11'8",IR.NTHOM NDTA1% 9A5 M5ICAU,y (IAN6ED. (5) la fine Variance requests minhwn vadOnca that Micas Possible the reasonable use of the Land, buNo Explain: MW DW @ODES' ERMVE WT UNE'RIS if btgU WOULD MW I SEEMS MOM- - WREN THERE 15 APPAY. AD/ FAK PAVfY eJf. (6) Will granting the variance pemdl any prohibited use to be established or re-established: Yes (7) Is the requested variance consistentgoals, policies, and objectives of the Uwe Land Use kap of the adopted Comprehensive Plan?No (B) Will the variance be in harmony wilh the gems d Intenl and purpose of the Zoningnce and not be InM Ws to Um area Involved or otherwise debknenlal take pubrewel V No Eoaln: IT WILL ENHANCE APPPARANCE AND FE @DMPATIew WITH THE NEI6I+PDRHDDD. Application for Development Approval, Form ADA320DD Page 6 February 2002 T+IEkE 15 AN tXWINEI ATRIUM THAI EXTENb5 V FRMMTHE MNTFHC.EDFTHEHDUSElTHAt VV UBEWDYEO SID 99PLACED 6Y AN f,NrMNCE MM1 W Tf ATo�rfNt6 ONLY 2 Fkm TW F0141 Wof- 14f 41oU5F. . iON of ULUSUeam H. Pm)ects Raqurring Retuning IV -H,1, What is the Future Land Use desbnaUMD1Ihe gmj dSh? IV -H.2, If N p4M m,*II a mzorft Compreharuive p - 7a0°t9 Cade tett tend UseMage NXffcallmt forum mquewt ' or any Mn kmW , please describe the need and PARFV. OPTIONAL INFORMATION This enae part Is epGenat!or ap appCcyi;s, App,7cggfs are eawomffad, hW rrot mq� proy2fe any Ull oIhnal;mLhWssvM cfregznEn;the WojecfIhaf nas nblmvemdelsewh of on Gds la f, WI Ote oMermaferialssv6nt¢(advnlh the app5ra;,, mryo% APPlhallon for Devekpmenl Apprarat Fmm ADA.20DO 194ad Ma Page 7 ��x h ��b ��f& A - 2 I 1 , 1 ��I I �� �� 1 , I t �� i I i - - 1 ' 1 , Y 1 1 1 1 r i 1 , 1 ��I I . I ; I I 1 \ I I I F I L 9 ' I D E V E L O P M E N T A P P R O V A L S E T 1 - 1 5 - 2 0 1 3 N y p g 3 g g a @ p e ����9 " P 3 i 9 i i a g j 9 " i ����i F i ����3 i i E E 1 e F E i f " � E 3 c � 3 �� Y z ' A " 1 i i 9 7 l i i v l wOg VO<U� a f 3' ETOZ-ST-T 13S IVAOT1ddV.LN3WdOl3A30 ,�»....-...,,.......e.....awe,.,�..w_.....r..e.w.o-......e.,.,a.,ati......w..:�..-..w��...........�.�...w��.. o...'.mn�. ; � � � ( §E ©)j§ � 1�9,j ® % 221 [! ,; � | � ,n. . §; ; � � ; � ; ƒ K<� �Wu It o G !@a tl o� a; T 9�ea�alap�i ut e � U O¢ U i O V! O Q . 1l7edl� p ii � EI02 ST T 13S IVAONddV JN3WdOl3A3O N wz5 z¢5� VNR� a Q a CD ETOZ-ST-T JAS lVA011ddV 1N3WdOl3A30 a uae.e...w a��u�uwu �• (u�nW=� 5617370188 Fax 8 R, 02:15:19 p.m. 07-26-2013 222 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (Agreement) is entered into, by and between the parties listed on Exhibit A in the column titled "PARTIES" (hereinafter collectively referred to as "Plaintiffs") and the Town of Gulf Stream, a municipal corporation of the State of Florida, whose address is 100 Sea Road, Gulf Stream, Florida 33483 (the "Town") and is executed by the Town and the Plaintiffs this 26 day of July, 2013 (the "Effective Date"). The Town and the Plaintiffs shall be collectively known as the "parties" WHEREAS, it is the desire of the parties to this Agreement to resolve all disputes, appeals and pending litigation relating to the cases referenced in the column titled "CASES" on Exhibit "A" attached hereto (the "Cases"); and WHEREAS, on behalf of the Plaintiffs, Martin E. O'Boyle (O'Boyle) presented to the Town Commission a proposal to settle the "Cases"; and WHEREAS, the Town Commission has reviewed the proposal for settlement and wishes to settle the Cases and to resolve other matters as set forth herein on the terms set forth herein; and WHEREAS, it is the intention of the Plaintiffs and the Town to be bound to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein expressed, and for the other good and valuable consideration the receipt and sufficiency of which is acknowledged and confirmed, the parties, intending to be legally bound, hereby agree as follows: 5617370188 Fax 02:15:31 p.m. 07-26-2013 3/22 1. The Town recognizes that the Plaintiff O'Boyle believes that the Town did not apply a correct interpretation of its Code of Ordinances (the Code) as it pertains to 23 North Hidden Harbour Drive, Gulf Stream, Florida (hereinafter the "Property") and the improvements on the Property (hereinafter the "Improvements"). In particular, Plaintiff, O'Boyle argues that the Toxin did not correctly apply its Code with respect to his request for Development Approval for, inter alis, a Level 3 Architectural/Site Plan (the Application) and such other permissions, approvals, interpretations, clarifications and authorizations relating to the Property (the "Approvals") to demolish and construct the Improvements upon the Property as contemplated.. The -fev-m "rrnpruuemeN'i 2. The Town recognizes that its interpretation of the Code, including, without ✓ limitation, the current setback regulations established therein may not enable the Plaintiff O'Boyle, or a subsequent purchaser to rebuild or renovate the Improvements, including, without limitation, the home; or enable O'Boyle or a subsequent purchaser to demolish the Improvements, including, without limitation, the home and construct Improvements, including, without limitation, a new home. Accordingly, in order to resolve the Cases between the Plaintiffs and the Town, the Town agrees that the lot coverage, floor area ratio, height, and setback of, inter alfa, the home's entry feature shall be permitted in accordance with the plans submitted with the Application (the "Plans") (which Plans shall be substantially the same as the Plans), which Application and Plans shall be an exhibit to the Development Agreement (the "Development Agreement"). The purpose of the Town's adoption of the Development Agreement is i� 4S vse0 1N *he settlemeA i 48*eMeAJT Shall .4I50 iNCI vc�e F ivct2 1 M PMV6MPn.-tS 'i-0 be CO+-sfnrL -e0 On, `t+ Pr0P9V1-t-/ _ 2 r U N 5617370188 Fax 02:15:43 pn. 07-26-2013 4/22 to permit, inter alfa, the floor area ratio, height of the home's entry feature, and front setback in accordance with the interpretation advanced by O'Boyle counsel In the argument portion of O'Boyle's Petition for Writ of Certiorari. The Development Agreement will also recognize that the Property's (including its Improvement's) setbacks will not be measured from the point of measurement currently established in the Code; but will be measured in accordance with the actual Property lines for building purposes among other purposes. It is also the purpose of the Development Agreement to facilitate the Plaintiffs or subsequent owner's demolition, rebuilding or renovation of the Improvements, including, without limitation, the existing home, or the construction of Improvements, including, without limitation, a new home. The Development Agreement shall be substantially in the form provided for in Section 163.3220, Fla. Stat. The Development Agreement shall include terms customarily used in the Town (but adapted to reflect the agreements of the parties as contained herein). The Development Agreement, among other things, shall allow the Plaintiff or a subsequent owner to demolish, rebuild or renovate the Improvements, including, without limitation, the home or to construct Improvements, including, without limitation, a new home such that the front setback is not measured as currently established in the Cade. 3. Both the Town and O'Boyle agree to act in good faith to promptly enter into the Development Agreement, which Development Agreement shall contain terms consistent with the terms set forth herein as they relate to the Property, including those necessary or appropriate so as to facilitate the construction of the Improvements upon 3 5617370168 Fax 02:15:55 p.m. 07-26-2013 5/22 the Property as set forth in the Application; and such other terms which are customary for Development Agreements in the Town for similar type Properties and improvements contemplated under the Application. The Town agrees to execute the Development Agreement as soon as practicable within Florida Statutes, but in no event later that 60 days from the date of this Agreement. 4. The Town agrees to waive any fees the Plaintiff might normally incur which are associated with the Development Agreement, the Application, the Approvals and any fines or assessments resulting from any violations existing at the Property, including, without limitation, the alleged violations set forth on the attached Exhibit B. 5. Intentionally Deleted. 6. Upon the execution of this Agreement by the Plaintiffs, the Town agrees to pay O'Boyle $180,000.00, in readily available funds by Federal Wire Transfer pursuant to Wire Transfer Instructions as designated by O'Boyle, which wire instructions are attached as Exhibit C. 7. Upon execution of this Agreement, the Town agrees that O'Boyle can proceed to improve the Property In accordance with the Application and to promptly provide O'Boyle with such Approvals as necessary. 8. Upon the execution of this Agreement, the Plaintiffs shall dismiss with Prejudice the Cases. 9. Upon execution of the Agreement, O'Boyle shall promptly (a) remove all signs from the Property other than approved address signs, and (b) within twenty days 4 5617370188 Fax 02:16:07 p.m. 07-26-2013 6 122 remove all murals on the exterior of his home and return the color of the paint on the home to the color that existed previously. 10. Plaintiffs agree that upon execution of this Agreement, all pending public record requests made to the Town shall be deemed withdrawn. 11. In the event any of the Plaintiffs or the Town are required to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney fees through the appellate level. 12. RELEASES (A) The Plaintiffs Release of the Town. On the Effective Date, the Plaintiffs shall execute and deliver a general release in favor of the Town, which release is attached as Exhibit "D1" attached hereto (the 'Town Release"). (6) The Town's Release of Plaintiffs. On the Effective Date, the Town shall execute and deliver a general release in favor of the Plaintiffs, which release is attached as Exhibit "132" attached hereto (the "Plaintiffs Release"). 13 Representations and Warranties of the Plaintiffs. Each of the Plaintiffs represents and warrants to the Town as follows: 5 56173701BB Fax 02:16:16 p.m. 07-26-2013 7/22 (a) that the representing Plaintiff has not sold, assigned, transferred or otherwise disposed of any claims that any of the Plaintiffs had against the Town before the Effective Date; (b) that the Plaintiffs each represent that they have the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement as they apply to such Plaintiff; and (c) this Agreement has been duly and validly executed and delivered by the Plaintiffs and constitutes a legal, valid and binding obligation, enforceable against the Plaintiffs in accordance with its terms. 14.. Representations and Warranties of Town. The Town represents and warrants to each of the Plaintiffs as follows: (a) that the Town has not sold, assigned, transferred or otherwise disposed of any claims that the Town had, before the Effective Date against all or any of the Plaintiffs; N 5617370188 Fax 02;16;25 p.m. 07-26-2013 8/22 (b) that the Town has the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement; and (c) this Agreement has been duly and validly executed and delivered by the Town and constitutes a legal, valid and binding obligation, enforceable against the Town in accordance with its terms. 15. Covenant Not to Sue. (a) Each of the Plaintiffs covenant and agree not to institute any litigation or arbitration against the Town for any matter or thing which is within the scope of the Town Release, as attached as D1. (b) The Town covenants and agrees not to institute any litigation or arbitration against any or all of the Plaintiffs for any matter or thing which is within the scope of the Plaintiffs Release, as attached as D2. 16. Continuation and Survivability of Representations Warranties and Covenants. The representations, warranties and covenants contained in this 7 5617370188 Fax 02:16:34 p.m. 07-26-2013 9 /22 Agreement shall survive the consummation of the transactions provided for in this Agreement 17. Indemnification. The Plaintiffs, jointly and severally, agree to defend, indemnify and hold the Town harmless from and against and in respect of any and all claims, suits, losses, liabilities, taxes, damages, deficiencies and expenses (including reasonable attorneys' fees) of any kind or nature (collectively, "Town Claims") which the Town may suffer, sustain or became subject to by reason of, arising out of, or in connection with: (a) the inaccuracy or breach of any of the representations and warranties of the Plaintiffs set forth in this Agreement; and (b) the breach by any of the Plaintiffs of any provision, covenant or agreement contained In this Agreement or any document, instrument or agreement contemplated hereby. 18. Indemnification. The Town, jointly and severally, agree to defend, indemnify and hold the Plaintiffs harmless from and against and in respect of any and all claims, suits, losses, liabilities, taxes, damages, deficiencies and expenses (including reasonable attorneys' fees) of any kind or nature (collectively, the "Plaintiffs's Claims") which any of the Plaintiffs may suffer, sustain or become subject to by reason of, arising out of, or in connection with: (a) the inaccuracy or breach of any of the representations and warranties of the Town set forth in this Agreement; and (b) the breach by the Town of any provision, covenant or agreement contained in this Agreement or any document, instrument or agreement contemplated hereby. U 5617370168 Fax 02:16:45 p.m. 07-26-2013 10/22 19. Notice of Default. No default shall have occurred under this Agreement until the defaulting party shall have been given 10 -days written notice to cure. If the cure is such that is will reasonably take longer than 10 -days and the defaulting party is pursuing the cure with diligence, then time within which to cure any such default shall be extended for such period as may be necessary to complete the curing of the default, providing that diligence and continuity are being used. 20. No Third Party Beneficiaries. This Agreement shall not create rights in any third -party beneficiary nor confer any benefit upon or enforceable rights hereunder upon anyone other than the parties and the 'Releasees" in the Plaintiffs Release and/or the Town Release. 21. Further cooperation. The Plaintiffs and the Town agree, at any time and from time to time after the date hereof, upon reasonable request, to perform, execute, acknowledge and deliver all such further documents as may be reasonably necessary or appropriate to carry out the provisions and intent of this Agreement and any document, instrument, or agreement contemplated thereby. 22, Specific Performance. The parties each acknowledge and agree that any breach or threatened breach of the obligation to consummate the transactions contemplated by this Agreement will cause irreparable injury to the other parties hereto and the remedy at law for any breach of such obligations would be inadequate. The S617370168 Fax 02:16:57 p.m. 07-26-2013 11/22 parties therefore, agree and consent that the remedy of specific performance should be granted in any proceeding which may be brought to enforce any party's obligations under this Agreement without the necessity of proof that such party's remedy at law is inadequate. Such equitable relief shall not be the aggrieved party's sole remedy but shall be in addition to all other remedies available in law or equity. 23. Voluntary Execution of Agreement Each of the parties affirms that they are represented by counsel in this matter, that they have read and fully understand all of the terms of this Agreement, and that they are entering into this Agreement voluntarily without having been threatened, coerced or intimidated into the signing of this Agreement. It is further agreed that no provision of this Agreement shall be construed Presumptively against any party hereto. 24. Headings. The headings and sub -headings contained in the titles of this Agreement are for convenience only and shall not be interpreted to limit or alter any of the provisions of this Agreement. 25. Governing Law. This Agreement shall be deemed to have been made, executed, and delivered in the State of Florida and shall be construed in accordance with the laws of the State of Florida. 10 5617370188 Fax 02:17:07 p.m. 07-26-2013 12122 26. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. No party hereto may assign its rights or delegate its obligations under this Agreement without the express prior written consent of the other parties hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, other than the parties and their respective heirs, successors and assigns, any remedy or claim under or by reason of this Agreement or any terms, covenants or conditions hereof. All the terms, covenants, conditions, promises and agreements contained in this Agreement shall be for the sole and exclusive benefit of the parties and their respective heir, successors and assigns. 27. Notices. All notices, requests and demands to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made: if delivered in person, immediately upon such in person delivery; if by nationally recognized overnight courier service with instructions to deliver the next business day, upon delivery to the receiving party; and if by registered or certified mail, return receipt requested, upon delivery to the receiving party. All notices, requests and demands upon the parties are to be given to the following addresses (or to such other address as any party may designate by notice in accordance with this Section): 11 5617370168 Fax 02:17:19 p.m. 07-26-2013 13122 �f toto=tfie Town; Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Facsimile: 561-737-0188 With a,coeY to: Jones Foster Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 John C. Randolph, Esquire Facsimile: 561-650-0465 If to any of the Plaintiffs: Martin E. O'Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 With a copy to: William F. Ring, Jr., Esquire Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 28. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs or photocopies of this Agreement with all signatures reproduced shall be considered, for all purposes, as If it were an executed original counterpart of this Agreement. 12 S617370168 Fax 02;17:29 p.m. 07-26-2013 14/22 29. Entire � Agreement. This Agreement contains the entire agreement of the parties with respect to the matters covered and the transactions contemplated hereby. No modification or waiver of any provision of this Agreement shall in any event be effective unless the same shall be in writing and signed by the party to be charged, and then such waiver or consent shall be effective only as stated in writing. 30. Severability. If any term, covenant or condition of this Agreement or the application thereof shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition other than those which are held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforced to the fullest extent permitted by law. 31. Upon execution of the Settlement Agreement, the Town agrees to dismiss With prejudice the asserted violations as set forth on Exhibit B. 32. Time is of the Essence. The dates and times for performance of all of the obligations hereunder shall be deemed of the essence of this Agreement. 33. Legal Action. In the event of any action taken by any party, including, without limitation, an appeal of this Agreement or any related applications or 13 5617370108 Fax 02:17:39 p.m. 07-26-2013 agreements, or any part thereof, O'Boyle and the Town agree that they shall each use their best efforts to vigorously defend any such actions. 34. Apology. The Town recognizes the stress and strife that the O'Boyle family has endured as a result of the Town's conduct. The Town recognizes that the O'Boyle home has a value well in excess of $1,000,000, but is uninsurable against wind because of the non-existence of proper protection, which would have been part of the Improvements installed by O'Boyle had the Town not initially denied the Application. The Town is indebted to O'Boyle forthe many deficiencies in connection with the Town code that he has identified since his submission of the Application. The Town Commission believes that O'Boyle's actions will ultimately result in Gulf Stream being a better and friendlier place to live. 35. Reservation of Rights. Notwithstanding language in this Agreement (including the attached Release) O'Boyle reserves all rights and remedies related to any claims which he may have related to the scope and size of Improvements which may be constructed upon the Property, to the extent that the scope andlor size of Improvements are less than the scope and size of the improvements which could have been constructed on the Property on the date when the permits for the existing Improvements (including, without limitation, the home on the Property was originally issued, which date was approximately 1981. Notwithstanding the provisions of this Paragraph 35, O'Boyle shall not construct a home (or retrofit the existing home) on the Property so that it is more than two stories. 14 15122 5617370188 Fax 02:17:52 p.m. 07-26-2013 16122 36. Building Envelope. The Development Agreement will: (a) include a survey provided by O'Boyle, which survey shall provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of Improvements within the area between intercostal waterway, the private roads and the common property line to the west IN WITNESS WHEREOF, the undersigned have executed this Agreement as of July 26, 2013. Mart" O'Boyle, President By: N984AC Caravan, LLC MarOn E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member p:1d0a1131471000131doc11916737.d0cx " 15 5617370188 Fax EXHIBIT "A" 02:18:01 p.m. 07-26-2013 17/22 ASE NO. udicial'Circuit PARTIES SUBJECT ch County, Florida 006750XXXXMBAO Martin E O'Boyle vs Town of Gulf Stream PR #332 006125XXXXMBAH K502013CA008701 Commerce Group, Inc. vs Town of Gulf Stream PR#000 008809XXXXMBAA N984AC Caravan LLC v5 Town of Gulf Stream PR #343 008701XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #340 008594XXXXMBAG Airline Highway LLC vs Town of Gulf Stream PR #341 08452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #336 502013CA00891 XXXXMBAD N984AC Caravan LLC vs Town of Gulf Stream PR #351 502013CA011120)DMMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013CA011122XXXXMBAI Martin E. O'Boyle vs Town of Gulf Slream PR Signage 502013CA011411XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR #407 502013CA011416XXXXMBAO Martin E.0. O'Boyle vs Town of Gulf Stream PR #408 502013CA011417XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR # 409 502013CA011421XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR#4 00 502013CA011423XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR # 411 502013CA011424XXXXMBAE Martin E. O'Boyle vs Town of Gulf Stream PR #412 502013CA006388XXXXMBAY Martin E. O'Boyle vs Town of Gulf Stream Certiorari US District Court Southern District of Florida 13 -CIV -80530 Martin E.-6'vs Town of Gulf Stream Injunction Middlebrooks/Brannon Declaratory Jud ment p:WDM%13147100D13W od1 gg1763.docc 5617370168 Fax 02:18:14 p.m. 07-26-2013 18122 Exh�b�-I- g Town of Gulf Stream 100 See Road zerang CODE ENFORCENSNirSPE •" (55 CIA, FLORIDAMAGISTRATE Fn` (ss TO}yhI OF GULF STREAM, FLOR' CASE NO: CE 2-13 51_41 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Section 2-75 of tha Town of Gulf Strewn Code of Ordinance, the undersigned he notice ein of uacotreued violations} of the Town of Gulf Stream Cad more particular herein, and requests a PUBLIC MAGISTRATE oftha Town. IVIG before the CODE ENFORCEMENT. 1• Location/Address where violetioa(s)�st(e); 23 Wdd© ILsrbols Drive 2. Legal'Dcscription: Lot 5 Hidden liarb - ar¢• Fstatva 3. ^ Name and address ofowner/persao in charga where violatian(c) 4. Via)atianaf To%vn Code SCetiaa(a)udde Sec. 66-446 prohibits any s1 • 70-106(6)(3) liar, !'n at 1 _ e approved roLrrs in ��p���� t.dl3. colors requira n Iews. —Y i Y gives 5• Data of First blspection: A -1 Fasmd solid, at 5-1-19. Refused to 6• Date owner 5rsf notified ofvtioledao(s): Accepted 1lice >a accept hand deliver -ad .r at Teti- gall ort 5-F 7. Date °n/hy, whiehvioletiom are to he conecled: ria ct1e ro 48 boarra Which cme n t trice he refusgi but aYbaraa�raarrr.a rrarprrrr ItvB'ORTANT NOTICEararrrr:r.rrrr.rrraraaar. , Uuless the violator coaecfs the violati°n(s) described herein b 01e CONTACTS TER UNDERSIGNED CODE Y date set (onh at COMPLIANCE with He To INSPECTOR AT 561561-27`6 Town Code(s) cited herein, NOTICE is'IERHY GIVEN THAT, HHARQIO WILL BE CONDUCTED for Ota above referenced prop2rly before the Taw Stream Cada Eat'omement Special hisgisuae ori 6-4-13 es the case can -6o heard in the Town HaH Ca at 2 P.H. or as so on Sbesm;Fiorida. aunissioa Clutmher localcd at 100 Sea R YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL GCode ATE of t{'te answer eflegodnas that you have vialated the above cited am, MAGISTRATE a , of the Towd of Gulf Stream. IF YOUPAIL TO ATTEND, tho Special Megish. cony fb tn'dm }dsMe aolelyupoa presentation bythe Town Cade Inspector _ 7 William H;T(uns6U. owuldanager Town of Gulf Stream 31e 5-1-13 ay 3, 2013 as sent AND verify ?UELIC Af (34 ,cmaHei A Gulf lltnt.Ii{ : 0 ar S std,.. , h,Ql3iirg �d strives sed rn N sic - This sig/ not listed. an stsucrt)r ' 6 minra a1 Reviyri chmsgea sn a_ u t I:llaaC I 5• Data of First blspection: A -1 Fasmd solid, at 5-1-19. Refused to 6• Date owner 5rsf notified ofvtioledao(s): Accepted 1lice >a accept hand deliver -ad .r at Teti- gall ort 5-F 7. Date °n/hy, whiehvioletiom are to he conecled: ria ct1e ro 48 boarra Which cme n t trice he refusgi but aYbaraa�raarrr.a rrarprrrr ItvB'ORTANT NOTICEararrrr:r.rrrr.rrraraaar. , Uuless the violator coaecfs the violati°n(s) described herein b 01e CONTACTS TER UNDERSIGNED CODE Y date set (onh at COMPLIANCE with He To INSPECTOR AT 561561-27`6 Town Code(s) cited herein, NOTICE is'IERHY GIVEN THAT, HHARQIO WILL BE CONDUCTED for Ota above referenced prop2rly before the Taw Stream Cada Eat'omement Special hisgisuae ori 6-4-13 es the case can -6o heard in the Town HaH Ca at 2 P.H. or as so on Sbesm;Fiorida. aunissioa Clutmher localcd at 100 Sea R YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL GCode ATE of t{'te answer eflegodnas that you have vialated the above cited am, MAGISTRATE a , of the Towd of Gulf Stream. IF YOUPAIL TO ATTEND, tho Special Megish. cony fb tn'dm }dsMe aolelyupoa presentation bythe Town Cade Inspector _ 7 William H;T(uns6U. owuldanager Town of Gulf Stream 31e 5-1-13 ay 3, 2013 as sent AND verify ?UELIC Af (34 ,cmaHei A Gulf lltnt.Ii{ : 0 5617370188 Fax 02:18:32 p.m. 07-26-2013 19122 YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR BI DES P.b IN THIS NOTICE is NO LONGER IN VIOLATION TOPARL OF REAL PROPERTY WN j CSD BY YOU ARE REQUESTING A REINSPECTION. O ¢ THE VIOLATION(S) IS/ARE NOT CORRBCCED IN THE TZM : CCASE MAY ORRECTION, OR IF THE VIOLATIONS) LS/ARE CORRECTED SPEC AND THEN P E HAV$ BEEN E PRESENTED RE TO TBE SPECLAL MAGMTRATE EVEN IF THE VIC --, -- CT73D PRIOR TO THE SPEaI MAGISTRATE HEARING. w-YOCODE NFO TG NOTIFY EC TOWN OF GULF STREAM, IT ^W1I.L BE PRHSUMI CODE I:t'iFORCchII?N'p SPECIAL MAGISTRATE THAT THE WILL PARCEL OF REAL, J DESCRIBED HEREIN AND OWNED EY YOU CONTINUES TO BE IN VIOLATION. If tha Special Magistrate Ends that you have cammitted a violation, lickhe may order M COMPLIANCE with the Code and if you fail to comply with such arder within the Tim 'forth therein, balshonce. can 1M20Sg A FINE OF Up.TO S250-00 PER DAY for each violatn in nac�ompllunce. If the Town is successful in pmscuting yaur cue Special Magistrate, FINES A1P.OSED BY THE SPECIAL [vIAGbefore the Sp 18TRATE SUCH F1NB5 SHALL CONS COLTl7'UTT?"A ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAII-.IJRE.TO A(l� CAN RESULT IN FORECLOSURE AND LECTION ACTION BY TIM .TTOWPN.Y S If you disagree with n decision oftho Special Magistrate, you may appeal to tht CIRCUIT C PALM BEACH COUNTY within 30DAYS after the Special Magishata's Osler is CULT. Ifyou wish to have the Special Mugisnlla RECONSIDER your case for any reason or if you in fine crd is now In compliacm and you wish Ato request a REDUCTION IN GULF STREAM FOR ANY SUCH REQUESTS. ALLAPPLICATION AND 7738 APPROPRIATE FEE MUST BE SUBMITTED TIRHMENTS FORO THE T MUST E MET FOR THE. SPECIAL MAGISTRATE TO REQCOER YOUR CSUCH ASE F If a persoa decides 10 appeal say decision made by the Special hfagishmte with respect to ate considered at subject meeting they wBl need a mord of tin p Mn9is ratengs, endhfa s ecll.pu, cony aced to emura that a verbatim record of the pmcecdings is made, upon which realm testimany and evidence upon which appeal is to he bled. II (FS 286.0105). . PLEASE.GOVEyM YOURSELF ACCORDINGLY. c ( G "... By. Rita L Taylor, Tawn rk Town of Gulf Stream 100 Sea Rnad Gulf Stream, FL 33483 .(561)276-5116 AND THAT FOR THE BY TUB — set LL BE IN ON FINES OF an OF mattes se, they 5617370188 Fax 02:18:48 p.m. 07-26-2013 20/22 � 1 i Wiring Instructions: Branch Banldng and Trust Company 300 Summers Street Charleston WV 25301 Routing # 051503394 Commerce Realty Group Inc Account # 5177704344 Atte Robert Boder Phone: 304-341-1043 5617370188 Fax Exhibit "Dl" RELEASE 02:18:54 p.m. 07-26-2013 21 /22 This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given by the Plaintiffs (collectively the elected and appointed officials (c"Releasors' to the Town of Gulf Stream and its employees and ollectively referred to herein as the "Releasees"). In consideration of Ten Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, espasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had , has or may have, arising from, related to or in connection with the Cases and the matters contained in this Agreement. Notwithstanding anything herein to the contrary, this Release does not include and specifically excludes all obligations Releasees have to the Releasor under that Settlement Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreement") and arising under all instruments and documents delivered or executed in connection with and in furtherance of the Settlement Agreement. Releasors and their respective agents, attorneys, shareholders, officers, directors, employees, heirs, executors, administrators, personal representatives, successors and assigns are bound by this Release. This Release shall inure to the benefit of each of the Releasees and their respective heirs, executors, administrators, successors and assigns. This Release is governed by and shall be construed in accordance with the laws of the State of Florida. IN SS WHEREOF, the undersigned have executed this Release as ofthe day and date first tterflabove_ LIM 0 Commerce Group, Inc. V, actin E. O'Boyle, President .0 Caravan, LLC E. O'Boyle, Member Airline Highway, I Martin E. O'Boyle Managing Member 5617370188 Fax Exhibit "D2" RELEASE 02:19:09 p.m. 07-26-2013 22/22 This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given by the Town of Gulf Stream on behalf of itself, its employees and its elected and appointed officials (collectively the "Releasors') to the plaintiffs (collectively referred to herein as the "Releasees'). In consideration of Ten Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had, has or may have, arising from, related to or in connection with the Cases and the matters contained in this Agreement. Notwithstanding anything herein to the contrary, this Release does not include and specifically excludes all obligations Releasees have to the Releasor under that Settlement Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreement) and arising under all instruments and documents delivered or executed in connection with and in furtherance of the Settlement Agreement. Releasors and their respective agents, attorneys, shareholders, officers, directors, employees, heirs, executors, administrators, personal representatives, successors and assigns are bound by this Release. This Release shall inure to the benefit of each of the Releasees and their respective heirs, executors, administrators, successors and assigns. This Release is governed by and shall be construed in accordance with the laws of the State of Florida. IN date first WITNESS REOF, the undersigned have executed this Release as of the day and wr5ay o e. or �� d m 2 � . w h ! ] �%| ����p �� ! � � ) @ � m � G ' R = ) � � e / . & k