HomeMy Public PortalAboutSettlement Agreement - Executed DocumentSETTLEMENT 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:
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 Town did not correctly apply its Code with respect to
his request for Development Approval for, inter alia, 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. .
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 alia, 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
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to permit, inter alia, 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 Code.
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
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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
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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").
(B) 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:
(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;
(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
M
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 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 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.
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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 Cooperatton. 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
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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.
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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 heirs, 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):
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If to the Town: Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Attn: Rita L. Taylor, Clerk
Facsimile: 561-737-0188
With a- copy 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: 954-360-0607
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.
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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
`k1
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 for the 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.
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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.
TOWN LF' TREAM
By: > (�c L/
M yor
Commerce Group, Inc.
Mart' O'Boyle, President
By:
N984AG Caravan, LLC
Man E. O'Boyle, Member
By:
Airline Highway, LLC
Martin E. O'Boyle
Managing Member
p:Wca %13147100013kdoc11gr6737 docx
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EXHIBIT "A"
CASE NO.
151h Judicial Circuit
Palm Beach County, Florida
PARTIES
SUBJECT
502013CA00675OXXXXMBAO
Martin E. O'Boyle vs Town of Gulf Stream
PR #332
502013CA008125XXXXMBAH
Commerce Group, Inc. vs Town of Gulf Stream
PR #000
502013CA008809XXXXMBAA
N984AC Caravan LLC vs Town of Gulf Stream
PR #343
502013CA008701XXXXMBAA
N984AC Caravan LLC vs Town of Gulf Stream
PR #340
502013CA008594XXXXMBAG
Airline Highway LLC vs Town of Gulf Stream
PR #341
502013CA008452XXXXMBAG
Martin E O'Boyle vs Town of Gulf Stream
PR #336
502013CA008919XXXXMBAD
N984AC Caravan LLC vs Town of Gulf Stream
PR #351
502013CA011120XXXXMBAO
Martin E. O'Boyle vs Town of Gulf Stream
PR #363
502013CA011122XXXXMBAI
Martin E. O'Boyle vs Town of Gulf Stream
PR Signage
502013CA01 1411 XXXXMBAJ
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. O'Boyle vs Town of Gulf Stream
PR #408
502013CA011417XXXXMBAD
Martin E O'Boyle vs Town of Gulf Stream
PR # 409
502013CA01 1421 XXXXMBAG
Martin E. O'Boyle vs Town of Gulf Stream
PR #410
502013CA011423XXXXMBAD
Martin E. O'Boyle vs Town of Gulf Stream
PR # 411
502013CA011424XXXXMBAE
Martin E. O'Boyle vs Town of Gulf Stream
PR 9412
502013CA006388XXXXMBAY
Martin E. O'Boyle vs Town of Gulf Stream
Certiorari
US District Court Southern
District of Florida 13 -CIV -80530
Middlebrooks/Brannon
Martin E. O'Boyle vs Town of Gulf Stream
Injunction
Declaratory
Judgment
p:Wacs1131471000131d"11gg1703 dau
Zoning
Articl #173
Town of Call" Stream
100 Sea Road
G°lfSOam, FL 33483
CODE ENFORCEM1ffiNI'SPECIAL.MAGLSTRATE Fax i5eij
TOVN, OF GULF STREAM, FLORIDA
CASE NO: CE 2-13
5 -14 -
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2-75 of the Town of Gulf Stream Code of Ordinance, the undersigned h�
notice of uncorrected violations) of the Town of Gulf Stream Codc(s) more particular
herein, and requests a pL)BI.IC HEARING be fore the CODE ENFORCEMENT!
MAGISTRATE of the Town.
1. Location/Address where violation(s) exist(s): 23 lit m Harbma 13rive
2. Legal Description: Lot5 Hidden Razbotr Estates
3. Name and address ofowna/person in charge where vi°ladon(s) exist(s): thirtin g.
4. Violation of Town Code Seclion(s)and descripliou(s): ESign
nnP'.ainted an S st
See. 66-446 prohibits ary sign not lis[ed as bean—��'--
Sec- 70-106(b)(3) lists approved colors £or Spanish D terransan�
are us a aoL on
do exterior wall colors remrirp arrp..er rsew..°'. °-. !_. ._e• P
dwelling
nted on N sir
at listed.
6 colors
Hat changes
ich is a
sr these
5. Date of First Inspection: A 1 0 20
Faxed notice an 5-1-13. Refused to accept band delivered m ice 5-1-13
6. Date owner fust notified of violatioo(s): Accepted notice a13
t Tuan Ball on S -S- 31
7. Date Oak, Was given 4E hmn-s Which eras ay 3, 2013
y which violations are to be corrected: in the notice he retuned bus sent
rrrrrrarrrrrrrrrrrrrratrrra �rTa �'
IMPORTANT NOTICE'�rrrrrrrrrrarrr+rrrrrrrrr
Unless the violator eanects the viola6oa(s) described herein by the date set forth eb
CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561 -ii q AND
276-5116 verify
COMPLIANCE with the Town Codes) cited herein, NOTICE ]S NERO GIVE
LIC
HEARING WILL BE CONDUCTED for the above referenced property before the Tow pq{C Gult
Sftnam Code Enforcement Special hfegisirate an 6-4-13
as the case can be heard in the Town Hall Commission Chamber orad et I00 Scan hereallei•
Site=, Florida. ad, Gulf
YOU ARE REQUIRED TO APPEAR BEFORE THE! SPECIAL MAGISTRATE at the 'lime to _
answer allegations that you have violated the above cited sections of the Code of onnndu sof the ;
Tow" ofGutfStream, IF YOU FAIL TO ATTEND, We Special Magistrate early base hislhe findings
solely upon presentation by the Town Code Inspector ,
William H:T(rrashat, own Manager
Town of Gulf Stream
YOU MUSTNOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR 13EF RE
DES ED IN'T'I'S THAT I'll"O O LONGER IN PARCEL OF REAL
OF TOWN C0DDES
PROPERTY
YOU ARE U AND
REQUESTING A REINSPECIION. THAT
IF THE VIOLATION(S) LWARE NOT CORRECTED IN THE TIME SPECIF
CORRECTION, OR IF THE VIOLATION(S) IS/ARE CORRECTED AND THEN RE F
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIO NOR
— HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE TIOliEARINC).
IF YOU FAIL TO NOTIFY THE TOWNOF GULF P
CODE ENFORCEMENT SPECIAL MAGISIRATE THAT THE PARCEL STREAM 1T WILL BSBY THE
DESCRIBED L OF REAL P OPERTY
HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
H the Special Magistrate finds that you have committed a violation, he/she may order
COMPLIANCE with the Cade and if you Gil to comply with such order wi DIATE
forth therein, he/she can IMPOSE A FINE OF UP Tp $250.00 PERDAY Car each Violation tine eriod set
in non-compliance aining
If the Town is successful in prosecuting Your case before the Special Magistrate, FINES
BvfP.OSED BY THE SPECIAL. MAGISTRATE, SUCH FINES SHALL CONS BE
ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY g' H FINES
CAN RESULT INFORECCASURE AND COLLECTION ACTION IL THE TOWN.
Ifyou disagree with a decision of the Special Magistrate, you may appea
PALM BEACH COUNTY within 30 DAYS aper the Special Ma ' Ito the CIRCUIT C URT OF
Magistrate's Order is entered.
in fine an 'a
Ifyou wish to have the Special Magk=e RECONSIDER your case for any reason or Ifyo case was
APPLICATION nAND ow in compliance and THE APPROPRIATE FEEu E M to rest a IT
IN an
GULF STREAM FOR ANY SUCH REQUESTS_ T BE SUBMITTED TG THE T WN OF
MUSTBEMETFOR THESPE CIALMAGISTRATETpREQUIREMERYOUR CASEH QUEST
If a person decides to appeal any decision made by the Special Magistrate with respect to matters
considered at subject meeting, they w01 need a record of the proceedings, and far such rep
ase, they
may need to ensure that a verbatim record of the proceedings is made, upon which rep includes
testimony and evidence upon which appeal is to'be based
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
Hy RitnL Ta�Tow�
Town of Gulfstream
100 Sea Road
GulfStrearrt, FI. 33483
(561) 276-5116
EXHIBIT C
Wiring Instructions:
Branch Banking and Trust Company
300 Summers Street
Charleston WV 25301
Routing # 051503394
Commerce Realty Group Inc
Account # 5177704344
Attn: Robert Boder Phone: 304-341-1043
Exhibit "Dl"
RELEASE
This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given
by the Plaintiffs (collectively the "Releasors' to the Town of Gulf Stream and its employees and
elected and appointed officials (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 VTNESS WHEREOF, the undersigned have executed this Release as of the day and
date first w4tte4above.
M
E.
By.`—
Commerce Group, Inc.
E. O'Boyle, President
By: ((7
N984AC Caravan, LLC
artin E_ O'Boyle, Member
M
Airline Hi
Martin E.
Managing
a7--1?;31:'OPNI;
COMIvMRCE GROUP
a a a a a
July 26, =3
VIA TELECOPY #s61 -7 -w -o188
TELEPHONE #561-276-Fll6
Town of Gulf Stream
loo Sea Road
Gulf Stream, FL 33483
Attn: Rita L. Taylor, Town Clerk
rilttRerPcommeme-group com
Direct Dial Telephone e954-sm-6885
Re Public Records Requests and Cases — Ryan Witmer
Dear Ms. Taylor:
Please let this letter amend my letter of earlier today.
Please let this letter confirm that the following Records Requests shall be deemed
withdrawn immediately upon execution of the Settlement Agreement between
Martin E. O'Boyle, et al and the Town of Gulf Stream, bearing even date herewith
and the payment having been made to Martin E. O'Boyle pursuant to Paragraph 6
of the Settlement Agreement (the "Conditions'):
Records Requests Nos. 039; 040; 041; Ro003; Ro004; R000S; R0006; 378;
R0007; R0008; 290; 291; 292; 293; 294; 68; 75;115:187; 209; and 211.
Please let this letter farther confirm that upon receipt of a customary voluntary
dismissal, that the following litigations will be dismissed with prejudice, once the
Conditions are satisfied;
Case No. 502013CA007609XXXXMBAA and
Case No. 502013CA01185OXXXXMBAA
Sincerely yours,
R L. Witme�
P/NPR/FRR
www.commerce group.com
Tu. 954360.7713 . Fn 954360.0807
1180 We NEXPORT CWM DRrve. DEMMELo BMCK ROFUDA 33442
L! L