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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 2 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 3 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 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. I 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 0 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 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): 11 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. 12 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. 14 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 15 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