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HomeMy Public PortalAboutSettlement Agreement - Original DocumentJONES FOSTER ]OHNSTON BcSTUBBS, P.A. John C. Randolph Attomey (561) 650-0458 Fax: (561) 650-5300 jrandalph@jonesfoster.com October 3, 2013 Rita Taylor, Town Clerk Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Re: Town of Gulf Stream/Martin E. O'Boyle Development Agreement Our File No. 13147.13 Dear Rita: Enclosed please find the original Development Agreement between the Town of Gulf Stream and Martin E. O'Boyle, dated September 17, 2013, which was recorded in the public records of Palm Beach County, Florida on September 24, 2013, in Official Record Book 26343, Page 1285. By copy of this letter to Bill Ring, I am also providing him with a copy of the recorded Development Agreement. Sincerely, JOC NSTER, JOHNSTON &STUBBS, P.A. c - John C. Randolph JCR/ssm SIGNED IN THE Enclosure ABSENCE OF JOHN C. cc: William F. Rin RANDOLPH TO 9 EXPEDITE DELIVERY p:\docs\13147\00013\Itr\t ha8761.doex Since 1924 1 West Palm Beach I Jupiter Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 www.jonesfoster.com DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is made and entered into this 17 day of 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. 3. Future Land Use Plan Designation. The future land use designation of the Property is Single Family. 4. Land uses. The Property is an improved single family home with garages that was constructed in or about 1983. 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. 8. 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. 30. 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, -xhibit 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 IN WITNESS WHEREOF, the parties have hereto set their hands and seals this � day of so 7-2013. ATTEST: OF GU 5 E , FLORIDA /64 By: Mayor [TOWN SEAL] APPROVED AS TO FORM AND LEGAL SUFFICIENCY _ C. Rar(ddph f _'S�wA Attorney LC� Signature arae: �)Mo4A- F 21A r Signature Print Name: I'�a�YeTl W. (�CJV)VlCk- P/1101/C/C/R2012 08.27.13 Page 4 MARTIN E. O'BOYLE CC(Dp5 . Town of Gulf Stream Address. PART 1. APPLICATION REQUIREMENTS To he campkled by Town Skllduring pM.applfcafimr conference Review and Approval Processes 0 I. N. Ocean Overlay Permit 0 2. Land Clearing Permit D 3. Armexa5m Review 0 4. Compfelrensve Plan Taxi Amardmeni Review 0 5. Demolition Permit O 6. Future Lard Use Map Charge Review D 7. Administrative Appeal 0 6. Zoning code Tex[ Ameldmenl Review Application Materials ❑ 9. Sign Review 0 19. Site Pian Review, Level III 0 11. Silo Plan Revision 0 12. Special Exception Review 0 13. Subdivision Review 0 14. Vadance Review 0 15. Rezoning Review 0 16. (Other) NUMBER OF COPIES REQUIRED APPLICATION MATERIA. 1 t. Completed Deve!opmerlAppFration 2, Feed r + - 17 3. General Location Map (on silo Plan) 17 4. Sle Plan (2 full size, l5reducedto 11x 1T) 17 5. Guiding Elevalions(2 full size, 15 reduced') 17 6. Floor Plans (2 full size; 15 reduced' W 1. Roof Plans (2 full size, 15 reduced') 6. Perspeclvoandfor CulorrendeMg (Recommended for meeting) 1 9. Drainage Plan (if alierad) 11 19. Landscape Plan (2 full size, 15 reduced') 11. Sepik Tank Permit 12. DOT Driveway Permit (if on AIA. for any alterations to drive) 13. DOT Landscape Pentyl (AA) 17 14. Survey (I V x 1T) 15. Subdivision Plat 16. Corxunency Documante 1 17. Proof of Ownership (warranty deed) 1 1fi. Agent Alfidawl 1 19. List of Envelopes 20. Prcpe25Om(Lburped addressed envelopes, no return address 1 21. Preppdy Owners Affidavit 1 Sel 22. Photos of Exisling Home (11 Bl kable) 1 23. Construction Traffic Marlagemeal Plan 24. 'NOTE: Where multiple copies or a drawing are required, two copies shall be an original lull 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 debited Information. Appeaeon W DorebpnenlAppen4 Fa'mADkM Pax I luverrba 201 . .. Tbwn crGLdfM m TOWN OF GULF STREAPd APPLICAVON FOR DEVELOPMENT APPROVAL This fort' is to he used fw aI dsvelopmeN mvmv apgmWns W be .�d� R v andParming Board Board ofAdpslmenl mWor To M 6Comnlsslob, Ta"eleeth (Ire lame rronn Failure tlhe wo camplee Ifus (arTOVM Ofrouu�&N ��dM Mem forApp�Bon fn p perlywill delaybconsldemtfon. ARM FDe # PARTIL GENERALINMRMATION Te he compbledbyaBappapnfs A. Pmjectlnfon,,%, IAI. Prgeet.wnewame: Mit,( 01 DYLE IA2 PmjegAddesa: 2--lj Hlbnj HpMp4,. CSLtjrgM_ ,e n3 IA3. Pm)eaPfopedyLegalDesorlp6on;"bTSAPDW HAM,Q4811e. q�l I lD, fUs c zol L T IA4. PmJe ADesoiptlon (desuAie6r defog a4n 2EACN [bBN , GloKlaa r NcSdmgSe!stones, etc) t3DD"uttTD� �NTQIi A7+njl LIAHS zn' A"a f C N11tN NEWFNTKV pDDRtSIDF IAS. Square Foolage of New SWckrm xpdg m Amhiteclural style. gAI46Malmge.sy11 wflM IAS. Check aO lhel applArgalagoryr Plan Pwsw D tamckulg 0, odh �Y (ra *fs se�c�n B) �C DaWft of SkMWms 0 N NMsidenlial u� (�rnplele sedan GJ D(Sb Exception (cmrplafe secgorrEf IA7. (a)PmposedF.F.E: k NO(}} wg8 rypaofFwndatlon: &Mb FDpTINb B. Owner ln(wmadon I.B.I. G4nmrAddmss: MARTINI O'6by F 1.61 Owmr PhoneN WASH-3In_ •'711'Ji Faz:Q�J�i• "o 7 18.3. Ownni SnmaL.e� - C. Agenllntormatbn n i�t,ESraT�<AE�fLOPvIaJT I.C.I. A9entN3MlMdFkmName: '.I WII.i.lQlil ANAl 4lftpP D g. I.C.L AgeotAddmsa: 11* K'KMV* `tabR D,,p�1�UD,�In1 p. Nit I.C,3. Agent Phone N=ber: (o -m-- CO• a �� Faxl2L MDJ I.C.4. AgentS'glnalum: Pre'App Dale:Om ci"sddnj ARPB Dale: App Dale: Reccmmmda3un: — ComOale: noriae..• TCDalc; APPkmion for DwelopmenlApproval Form ADA20Do mvimd6/f3loo Page 2 TmmofGWfSbeam PART 14 PROJECT DESCRIPTION AND JOMICATION To bdet 14"Ch a by al afsheetsMa ,When app"'d a, carderm-rAh Tom Sfa .. Please be Conchs 6W od4.vnal sheets n , x4mrl namssary aW be sure to tnchda the aPpmPdata and complete queslronnumherhxeach respmse. A. Pro(ect0escrlpOan and Justir=Wn IIIAI. Nwhat Zonig&Idd is the pojed$Re located? r� Tri IIIA2, tithe p,ojedcampaBae wPh the lMeN of lherorVrg dsMd7�Yes ON r' Exlnla"LJ�E MVA1 PDCITiON Raz IT 41nrKJ WITHI / nwz�w t,ntr T� It�qPInl,,*g ,eraJ,.S�L anm K�ild,l t(�, IIIAB. s 0e pm)eM croshtm1 Mb the Fu hae Land UseanD' aecb C°ngm5ansive Pian? Dyes []NoP Ooh• dves and pokies M Iha IIIA4. Howarehgrdss and egress to lhepdpalylobepmvMed7 j�IQ IIIA5. Now are the fdlo*iUWBNes W beprw•ed la the pmpady! sew a. SIMUMalarDrahage Nb !. ll Ao ec b. SMRWY Sef N M Potable Water EL Inlgagm Water m Eteciddly G E ToWwm D N P. Gas ` h. Cable TeMw. akv....r:.'�._ IIIA6. INhe project hwohms the erecom of one amore slmdaes, phase desaha haw One sPudues are eonsislent xith the o6e131n Sed- W144 of the Taxa of ONE Stream Cade. (Attach additional ?NIS AMMON fNlKttjg! iLVg p4YTj� $ bf (FIfF3VILDIM3t MgITS ILNIDIfEPIFiIhLtlltH CI{fPRFF�RRGAgA"}lykpq(yL fN� rT.Ot,IIAiFA DI`yrRlCl'+ IvOrxL NIPIM CW WITH Ni7JACEIrr PRDPERr17~5. PAU IV. ADDITIONAL INFORMATION Secibn A Is to be completed by aV appkanls aMr pra.appgsalian mnr erea With Town staff. Answanin 'Yes' fo mYquaMR H Scam A requires the mmpleRon ofaddtione Sectims as indicated. I A Addillonal ApprovalsfRequiremmis NAI. Dora the pot a land area vain MY feel (50? M the AIA (North Ocean BOWevard) dghta(- MY? Dyes (If'Yes', secVm B offt pad must be Motel,) NA2.Oon3 the Project involve the demaVVm of me or Men, slnrdures7Yes DNd (VYeel McIlun C OFM Pad must be mmpleled.) IVA3. Does Pia Pr0)ec1 involve the dea'vg or RMg Marry Portion M an e7d vacant fol or mom than RIYP=Cot(50%)Mlhelmdscapedaeaofadevdo*m? DYes No Of'Yes', secfioh D of PVs pat nxM be bernpreled) IVA5. 0 thepmjadreWk appravdda Specht Ea PUm? TYes 0No(VYee,sedlon E of this pat muatbeco,,ph d) IVAP.`N BPmJWalvarbnwwfiarymoAaWnsmnla:mdlnme ZoNng Code? SI Yes DNo(IfYes', seclon G of Vils pad must be Completed.) APpVcagm for Devel"i Approval PormADAmoo Page 3 ' Tuwn bf GuW ShM B. Projects Requiring North Ocean Boulavaid Overlay Permit N.B.I. Whet significant landscape features or archRedural leahres are to be disturbed or added end to what extent? IV.B2. DescrRre the need andjusflkalbn for the dislnhancafaddilian: IV.11.3. WI the dslurbanceladdiaan destroy or serioush/ inpatr Visual relatlonships among buildings, landscape features and open space, orintroduce incompatible landscape feat in; or planta atersl Hot destroys or Impabe significant view arvsss wghin the NotN Ocean Bodeverd Oveday District? Yes No JV3.4. Haw is the design consstenlwkh the AlALandscape Enhancement Project? N.B.S. Whalpwligation Is proposed so that the dtshubanceladdillon has the least iupad possible to the visual and aesthetic quality or Ne North Ocean Boulevard Oveday Dstrkl; t. Protects Requiring a0emoligan Permit' N.c.l. When we the ezisgngstrudureslobe dwWAed?IAI4aFbl �EQMIT IS O�JTRINED IV.C2. When are the proposed.stunlwes to be Msbucted? W14m Pewil7 is b8M IN$0 IV.C.3. Wnelisthe landmekstatus ofthe structures tobedemolished? Mwe D. Projects Requiring a Land Clearing Permit IV.D.t. Desenbe lhdse vegetative re tersls bl0 tedras in diameter and greater to be North Ocean Boulevard Overlay District. rV.D.2. Describe the need and jus0Rcalion for the remavaVrelaiadon: IVA.3. }lows the removal her, Ne project sile of vegelallan lobe ml4aled: IVDA, How are the remaining and relocated vegetative materials to be protected and Preserved during Ne land deadng end Wnstridlon acgullim and lhma0eO N.D.5. What replacement materiels are proposed? Applicxlion for Development Approval, Form AAA32000 Page 4 February 2002 RL •. — FIVE E ProJecLs Requldng aSpeclal Exception. nr,E,1. bhe PtoPesedusaaprmjW$pedal esiped, be, "b"use? Yes 13 No Dade secl'pn; . N.E.2 Haw h the use d IDD wela2, and maalsw8 he P'oled�7� p toad to be Vwaled sa hal he public health, safety. N 7Ep _ SIM 2�FaNHANCFS IGN NE3. Will he use taloa sthsl anBalh valve 6ebcaled) ❑Yes �(No )�Ylohe Dfolherpmpedylnthe nelghbothoodwhom itLslo Ham' �N N.EA. HMWNha to to he located?use be mmpaliblewih dqohing eev eloPmenl am the character of the Dbtdd where it AGN Or u Nw �NT� mI G14F2 PRDPfRTiFS. ��� ICES. WhelFandscepingand sueenYgazaptwtded7Nbllr .I LOWS INS`ND I.E.S. Does he use "'lorm wslh an appr:c Na regilaUufs located? 13Y. Ne governhg he DhtriG whare;n It h lo 6e E+plah. VE LL flHr Of KhJTRpNCFWpY rQNfORn15 7D ►u�1T,on - -ME 6WE mist RAISES W 23 �zs-I r —12, 7b "'-"I'(Ml KT7,A( ;VITy coDE� SING kAOf-fT2Nt�Exts�rr* pV01 D ( FesidentlalProJects and Residential Prefects ofGrealer Hmn2unite N.FS.1, •1• H nOp area f 'files are lo be provided. desuhe umm and how Ihay are to be mahtahed. NFZ If remeagon kCN5w ere to be gevided• desulB hem and hslr potenhal Impacts on surrountlhg . pmpedias. N.F.3,For each of thetolrrviing. lsl he number provided end the'rdhrenskns. Loading Spaces: smal Carp Hmldlaapped Parkig yparas: DrN &WdAleles: ApPEaW(or Oevdapment10 dFormADA32 m Pane 5 ,)Rok,-5ET6tM E. Projects Requiring a3pecfal Excepit N.E1. Is Nspr01Me desI rmltled special enceplion use? xYes El NO Codesedfon: vIraN.E2, re Ga' use designed, located and 13 j Ped, VA be Pmleclad7 NopOsetl lobe opemled so Nal the "Ic health, safely. N N Art FF CT �STFf 1 $UT tNHANCES E51EiN N.E3. MUM 6eklaled7 0 Sftar➢bNevalueofOHWpropedyhnNa neWborhood where II is Ib P.aWau. �T IL LI.bW 12 A hRraNC� � CpNE510 I N � BUIl.D1N'' N.1 Naw IJITH NFll6f4&kjj D is to be b be lie with ar{obthrg devalopmenl and Ne cllmd r of the GLtlrfq where It IRIS WILL WK 6F 14 NZhl NTKANCE '" '—�LNILN IS 51fti11LA►2 D tS�kl2 N.E5 What landscaPhtgand sqewklg WWI E6. am �Lk1Plf`IEl 15 Qr2ny� r\ NcmbLeE To tANb -_ ISTM-UN ARPto � N.E.G. Coes Ne use min valb at aPPfioble reg'Jeliaw localed7 ❑Yes )kNo gwemi g the Giahkt wherein It Is to be EViah TH`ktcALlIs 1 cr NENI CDCs THE k. 5 111 8i1 EvEx rHpu(-rH OIL 1* Y PIOAD NAVE NOT F. Nan Residengal Projects and"'Oltial PmJects Of Gmaler than 2 Units is rDNS. N.F.1. Itwnmon areafacBpes are to he proveted, I"It" Nem and how they are to he maintained. N.F2 If Waation faNil�s N he pro"ded, daswbe Nem and Nair poleneal kTacls on surtaunding . plopedies. N.FJ. Fm eachorihefvlbwIng,Gallhe marmerpmi{ded and Heir danelWons. Loading spaces: saodard PalkI Spaces: small Car ftkk g Spaces; Had6wpped Paridng Spaces: GdvewayslAJslee: . Appkalbn tarGevelol)menl Apkmal Form ADA32000 Page 6 ' ' NimtofGull's ream VWIANCE — 21-P 4 Lm G. Projects Requiring a Variance (code Seotion 66.150Ihmugh 167) IV.G.1. From what specific Zoning Cade regulation is a valence requested? 3D"IDD 7 IF EAVE 15 24`-V bK Lmfif., It Womb PNV5ICALLV LAICT WITH E45TIN6 FpDFT IV.GZ What does the Zoning Code requra torthis specie; ane? THE" PROPOSED fNTKANCE� fEmiU E IS WIT+IIN.TNE 3D` NEIEINT ALLOWAI�(Et6UTTHf, VAVE- WOULDrNEED JD L E r— I''�4.Tb DDMPLy. IV.G.3. Whatlsproposed? VE; I t" ., N WF AUL.NE16K 15 IV.G.4. Whal is the total variance requested? F�M 23r�0eQ13 rr W.G.S. The fdloveng 6 mandatory variance findings from Section 66-154, must oe addresW.--Rath additional sheet 6 necessary.) (1) What specific conditions; and circanslences exist which are peculiar to the land, structure, or building involved and which are not arpilbabte to other lands, slrm.ldres, or 4ulld'ngs In 0a same zoning disidd? EYMI-Ef WILD t (tap(= LINE BUILT UNDER P"DU5 80W. (2) Gid the special conditions and drumstancesresu66om the actions oflhe appiceol? Yes ©o (3) Wligmngnglhevadanceconferuponlheapplgmtmyspealatprtiioptralisd by Oa Zoning Code Wolherlands, buildings, a sWcium n No same zmNg dsrkt? Yes No Explain: TNF WAW t (it KIMRATi H DF THIS HDN1F IS UNIQUE (4) HowwouW a neral InlerpreWUon or ate povisims of the Zoning Ordnancedeprive the apprmnlof rights co n nDnly enjoyed by other properges N No same zoning dsbid under (he same ferns of the Ordnance and work unnecessary and undue hardship an the applicant? X15 HCIY �E516N IS VNINE t0 rr CANTSE MTUE'rICAW/ ENHANCED WITNDIAT P&ATIN6 PDT> M& IEPc f AND HURTIL4 THE APPM12ANQE OK ilt HME (5) la 0a Verimm requpsffid* mnnam variance Net makes possible the reasonable use of the land, building or strucluref& No Explain: MINIMOM VARIANCE'fD ERRANCF THE APPE40W.E rlb ft<- 6NGDRbI -tb-tttE NEI(fN&)wt)DD (6) WN grengng the variance pemdanyprohlhited use W be eslabllshedare-eslahlished: Ye No (T) Is the requested variance comislenivalpihe goats, policies, and objectives of the future Land Use Map of the adopted Comprehensive Plan?YsJs No (6) Wil the variance be in hem" With the gonad interlard purpose of me ZonkV 999wo and not be njWous W the wealnvolved urogtendsedarimenlal Wlhapubficwellare7 Yes No Explain; It ENHANCES IA APVPAPAMC6 AND I_is TH15 AND �pROPF12tY VALAP5. -Applkation far 0evelopmemApprovak Farm ADA3= Pepe 6 F"BlY 2002 E—WofGUKSlream VPI W6R SET BACK, G. Projects Requiring a Variance (code Section 6&150 through 157) IV,G.1. From what specym Zodng Code regulation is a variance mqu%IedT jEjq SF -r elm IV -G-2- What does the Zanng Code requke for Ihb specificsae7F �.'rBACK+ Z -0s IM "VEEM " wT UNE 1HE "EFE nvfw Or Ukf +T6 tN"Eb �rr;:fV7E,N�cI�'N[o�AH M& ANDROAD � -M mE N.G.3. What is proposed? EnrVM 5I OF TH 15 t'rsgG IVGA. What is the total variancemquesfedT> 4tgy 101ENCKDACHM W WITH 2r IV.GZ. The fdbwng 6 mandatory variance rhol s from SKU 66-154, must be add Bch additional sheet if necessary.) (1) What sPwft conditions and cFatreWnces exlisl which are peculiar to Ore land, sWolure. M buPdhg involved and which are not applicable to other lands, structures, or hulldings In the same zoning dishkl? THECD i!I9 CI+ANEIFA AND A NDN NFDRmutV bUA5 @REAtED. _ (2) Did the special conditions and cfiamaLvtces result fmmtheactionsoflhaapp!icard? Yes. No (3) Will granting the variance confer upon the apppuprilany, special prHege Nat is de" the Zoning Code fo otherlands, buddngs, or sbOchm N Ore soma zonng dBWA? Yes Explain: WHEN 55P.i1(K LANQ)P6e WAS 844ft ALL 1-lFAY.'E5 51MIAlRL Wlk'ATED WDUTA ke RDd (1DNUMIN6. (4) Him would a Revd Interpretation of the provisions of the Zoning G"fatance deprive the applicant of i#Ls commonly en)oyed by other properties In the same zoning district under be same terms of the 6minnance and work unnecessary and undue hardship an the appticaanl? IkIE �41451CAL �'T�ACK (5 aD.l FEET UNDER THE llLD (DDE. For NEW ftVINDN WAWM Nr WK AS IL EUfN TMOIXaH ND'fHINA 06 PfISIcAcWY &ANM. (5) Is ha Variance request e m inimurn varlance that makes passible One reasonable use of the land, building No Exams UND? OLD MEQ EKfaiVE IAT WNE.V6 WUK WDUTA aNagrA -9 %m W1INIMIAI, WHEN imp 15 AWPRDX AD Y FAA PAvWNT (6) Will granting One variance pend)anyprohNed use lobe eslablishe.dorre-eslablished: Yes (7) Is the requeshid vadance consistent pools, policies, and olyecilves of the (alum, Lend Use Map of the adopted Comprehensive Plan? LYNo - (0) Will the variance be in harmony with the general Ment and purpose of the Zoning CAtfgnce and not be InJudaus to the aea Involved or otherwise domrsonlal lolhe pubikwetiare7 fie. / No explain IT WILL ENHANCE AMMRAN'& AND BE WAT151f M -N THE NE1614 RHDaD. ApplimUm(aDevelopmmtAppmval,Fom Af1A32000 Page 6 Februzry2002 T+tERE 15 AN MSiIN6 AT121UM THAtt EXTEN55 V FtZMnTHE FgWrFRCEUFTHEHOE IHAtWILLB RiMDVED AND REPIACa:D 61 AN CWMNa Mr6kr Tft-re&EN6 ONLY 2 FROM TKA FOr I-r N(cErDF-IVC410K5F lumrofulasUeam H. P"*ls Requidng Remoing IV.H.1. Whalbthe Fu"m Land Use deslgna lthe prMerdsile7 N.R2. If gIa PrgW hvoNes a ZD rezonhg� Co"'XehensNo Plan C0d'e 9ei Future Uss N,a ye ptsUTsallan fargerequest Ytas�ina' please des P than crnue the need and PART V. OPTIONAL INFORMATION This 0*0 Ped is optional for aT aPPECT9L ApATuants am encouraged, vnlh U's aPP�Rm. adsere hot not required, to p,,We any addN'onalm4MllnfWnakn regartngtheryofad UNU was nut caveredelseon this formoran erryal gieogrermalerralssuMuNed APPIIaOenfor Oeveloprnant Approval form AOA2000 mvIsed No Page 7 "oho A -Z � I , I I 1 I 1 ' I� 1 I I I I 1 1 ' , \ - 1 i = til a I 1 I I i 1 1 I I , 1 1 1 1 1 1 � I � i I I ®. 1 1 .N I --J DEVELOPMENT APPROVAL SEAT 1-1g5a-$$2ccF013 ol HE- - - ' e iszr =C>C p a � li������f�ig�7�ji �9 �"' � 1•iq� 3� � s I°n "' s. �E3 p 1 � m DEVELOPMENT APPROVAL SET 1-15-2013 ;: @ n i c F p i4! z DEVELOPMENT APPROVAL SET 1-15-2013 PPS N zZ iCyl4 {il i}6idt! s[ Kzrd d } .i C> m dO cog Sj6dd /si47�i� ° �➢ � A , .24 55 0 3 �Ei v3o• �g m 6 �= ry 5 o m i - T T EX $z 10 m m r n DEVELOPMENT APPROVAL SET 1/15/2013 W E o o Y 2> 0 C i#fl a C D p Yfall ' e�ad6dai ' a m[ 3 N S N m to DEVELOPMENT APPROVAL SET 1-15-2013 W o n c O ez i I LOT 6 I 0 a � r� LOT 2 I ry NIODEN HARBOUR PLAT IWO LUT 1 ----i�( LA BOOK -SPA GES Il @ 174J -- — — — — — — — — I I L� I RA it �3 9 ma°5 } yy g S g°' Loll 5617370188 Fax SETTLEMENT AGREEMENT 02:15:19 ion. 07-26-2013 2 122 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 3122 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.. The iec4,n '%rrnpruuemetA 1i 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 + its vseO W *he S2tl1emen4 N16emevt" $a -All 4150 iNCLviie-fvi,.rae 1 M PMVeMPA;tS -i'0 be CUIYruLh°D pN `ice 2 5617370188 Fax / 02:15:43 p.m. 07-26-2013 4122 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 5617370188 , Fax 02:15:55 p.m, 07-26-2013 5122 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 6122 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: 5 5617370188 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 Plaintffs 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; S617370188 Fax 02:16:25 p.m. 07-26-2013 8122 (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 9122 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. 0 5617370188„ 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 �C 5617370188 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. Govenning 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. IN 5617370788 Fax 02:17:07 p.m. 07-26-2013 12/22 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 parry. 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 5617370188 Fax 02:17:19 p.m. 07-26-2013 13/22 �f to the T_own;° 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 5617370188Fax 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. Leoal 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 5617370188 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 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 15/22 S61737010 8 Fax 02:17:52 p.m. 07-26-2013 16/22 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 -t3 -F' 7EAM By: (lrrC� plyor 0 Boyle By: Commerce Group, Inc. Mart O'Boyle, President By: N984AC Caravan, LLC Ma n E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member p:Wocs1131471000131doc11 g16737.doa 15 5617370188 Fax EXHIBIT "A" 02:18:01 p.m. 07-26-2013 17/22 udicial'Circuit ch County, Florida P5020CASE NO, PARTIES SUBJECT 006750XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #332 1008125XXXXMBAH Commerce Group, Inc. vs Town of Guff Stream PR #000 502013CA008809XXXXMBAA N984AC Caravan LLC vs Town of Guff Stream PR #343 502013CA008701XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #340 502013CA008594XXXXMBAG Airline Highway LLC vs Town of Guff 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 #383 502013CAD11122XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR Signage 502013CA011411XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Martin E. O'Boyle vs Tcwn of Gulf Stream PR #407 502013CA011416XXXX BBAO Martin E. O'Boyle vs Town of Guff 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#410 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 Middlebrooks/Brannon Martin E. O'Boyle vs Town of Gulf Stream Injunction Declaratory Jud ment P:ldoos11314MOD131doe11 gq 1763.dom 561737018E Fax 02:18:14 p.m. 07-26-2013 18122 Exhibi+ g Artie X1173 Town of Gulf Stream ; 100 Sea Road - ! ' GaIFI BuWana Plrnotea sad trrarq FL 33483 r Zentng Dcpinmmt Y4 (5a1) 745116 CODE ENFORCEMENPSPECIAL MAGIsfRgTE P°e (sdi) iElse TOWN OF GULFSTREAM, FLORIDA � CASE N0: CE 2-13 5-1 - STATEMENTOFVIOLATION AND NOTICE OFHRARHVG Pursuant to section 2-75of the Town of Gulf Strum Cod, of Ordfnaacq the undersigned he . "otic* of uncorrected violations) of the Town of Gulf Stream Cad s more Y give herein, and requests a PUBLIC e() particular c g1vt, MAGISTRATE of the Town. ' be lore the CODg ENFORCEMENT p mbaL I• Location/ r Addrus where violedon(a)edst(a): 23 kfddea tfarbrnn: Ihive 2. Legat'Description: Tat' 5 Hidden Harbor. Eatarea 3• Name and address ofownv/person in charge where violation($) existrsl_ Nt. -n ted an 5 4. Violation of Town Code Swargo(s)lad description(s): rL5!Nti�-culoredatn Sec. 66-446 prohibits say sign not listed Sec. 70-rn6r61rm �s _ as bine n fffV V mlvra require a level 5. Date of Bnstbupeetion: /.z,ri130 201: ' Forted entice on 5-1-13. BaSused to t hand deli 6. Dateowner5rstnotified ofviolatiau(s): Accepted trataiCa oat TcQn v¢ed no Ba�lly�an 5-8-: 7. Date anIbY, whiehvioletion9 ate to be corrected: in tihgiiee aotYce be hours' G'-"a� ��'` t Matt. 4LLti y... --t .....aa.............4...... IMPORTANT N0ITCE^�aaa�..a.a.q.a..aa..... ' Unless the violator corrects the violatio a described 1 CONTACTS THE UDID °() rn ed hernia by the date se[ Corth ab ERSIGNED CODE INSPECTOR AT 56i-Z76-st16 COMPLIANCE with the Town Cnde(s) cited herein, NOTICE IS IIERBY. G 76-5116 A HEARING WILL BE CONDUCTED for the above referenced prop2rty before the To Stream Carlo Enforcement Special Magisnateart 6-G-13 %+ the case can bo beard in the Town Hall Co— s 2 P.H. ores soon I Sbeam;Fiorida. carton Chanth r located at 100 Sea YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at •( aaawer *Magadan" that You have violated the above cited aectians.of the Code afbri7in'a¢a ` Towdof Gulf Strmm• IF YOU PAIL TO ATTEND, tha Special bfagielrale may base solely upon presentation by the Town Code Inspector _ rY William H: Ttuashe , Towo Manager Town of Gulf Strum 3tie 5-1-13 ay 3, 2013 rg seat ;WuVvgjf Gulf mc.; A > 5617370188 Fax 02:18:32 p.m. YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR BI —11;1ITHAT ISPARCEL OF OOPERTY DES TM1417CEO LONGER IN VIOLATION 01, YOU ARE REQUESTINGA REINSPECTION. TOWNCODESIF THE VIOLATION(S) MARE NOT CORRECTED IN THE TIME SPEC I CORRECTION, OR IF TIM VIOLATION(S) LS/ARE CORRECTED AND THEN MC CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIC HAVE BEEN CORRECTIID PRIOR TO THE SPECIAL MAGISTRATE HEARING. ICODE ENFORCEMENT F]'OU FAII; TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRPSUM! DESCRIBED HEREIN SPECIAL MAGISTRATE THAT THE PARCEL OF REAL AND OWNED BY YOU CONTINUES TO BE IN VIOLATION. "b* Special Magistrate fords that you have Committed a violation, he/she may order ID COMPLIANCE with the Code and if you fail to comply with such order within the 'forth tb="4 he/she can MOOSE A FINE OF UP.TO $250.00 PER DAY for tach v,,, lire the in nan-compliance. If the Town Is successful in ptnsecudng your case before the Special Magistrate, FINES IMPOSED BY THE SPECIAL MAGISTRATE ANY REAL OR PERSONAL PROPERTY OWNSUCH FINES SHALL CONSTTTUTB'A ED BY YOU. FAILURE. TO PAY sp CAN RESULT IN FORECLOSURE AND COLLECTION AUTON BY TIM TOWN. If you disogme with a decision of the Special Magistrate, you mey appeal to the CIRCUIT C PALM BEACH COUNTY within 30 DAYS alter the Special Magistrate's Otderis entered. Ifyou wish to have the Special Magistrate RECONSIDER your case far any reason or if you in fore and N now du E Aplieaon and you wish to request a REDUCTION IN APPLICATION AND THE AFPROPRIATE FEE MUST BE SUBMITTED TO THE T GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH F MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE. If a person dccidw to APPeal say decision made by the Special Magistrate with respect to err considered at subject meeting wey will need a record of 1110 pmbeedings, turd•far such.p�j may need to easura that a verbatim record of the pmce0dmgs is made, upon which reoar( testimony end evidence upon which appeal is to•be based. CFS 286.0305). - PLEASEf'OVERN YOURSELF ACCORDINGLY. By Rita L Taylo,TaLLLLwn rte Town of Oulf Stream I00 Sea Road GulfStream, FL 33483 • (561) 276-5116 07-26-2013 .AND THAT FOR THE set BE ON an they 19122 5617370188 Fax 02:18:48 p.m. 07-26-2013 20122 Wiring Instructions: Branch Banldng and Trust Company 300 Summers Street Charleston WV 25301 Routing # 051503394 Commerce Realty Group Inc Account # 5177704344 Attru Robert Boder Phone: 304-341-1043 S617370188 Fax 02:18:54 p.m. 07-26-2013 21122 Exhibit "D1" RELEASE This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given by the PlaintiM (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 Agreemenf') and arising under all instruments and documents delivered or executed in connection with and in firrtherance 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 V ftT'NESS WHEREOF, the undersigned have executed this Release as ofthe day and date first wr(ttgabove. By: actin E. O'Boyle By: Commerce Group, Inc. 11��tin E. O'Boyle, President By: N984AC Caravan, LLC artin E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member 5617370169 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 refected 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 written ab e. ayor J UR C CD O CD wPac xN b y b b n N C O o. b = m � O ry h 74 a d CG5'�' n O y v m TO 5 o n b w nS q A f�a vii 'b p: R .R_.' O �+� N RMM TO m a O I'YC p, m � a & =U) H % la �,a Wz. a w � h h 0 TO m m On 2' ;° LOT z HARBOUR ,AT w r rs 5' m n. -------- CES I> a OI + n O 7 D m I^a •",. m o n Ertv w m c 5 c 5 T T y N 5 c w o 'd (13 C 7 an S w G 0 4M Iiit IPI --Ixap l6N6;1 T Vel a 2i