HomeMy Public PortalAboutPRR 19-2705
Renee Basel
From:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Tuesday, April 16, 2019 5:56 AM
To:Renee Basel; Rita Taylor
Subject:Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden HarbourPlease
provide promptly to fulfill this request.
Attachments:O'BOYLE SETTLEMENT AGREEMENT.pdf
Dear Madam Custodian of Records & Ms. Renee Basel – please see the below records request. Please promptly advise if
you need any clarifications; otherwise, I would appreciate it if the records could be produced promptly.
In connection with this request, it is my understanding that the Town is holding a $250 deposit in connection with a
prior request. In connection with this request, pursuant to the attached Settlement Agreement; and, more particularly
Paragraph #5 thereof, the $250 which the Town is holding fulfills the obligation of the Requestor.
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which refer to 23 N Hidden
harbor Dr. Gulf Stream, Fl.; and, more particularly, the Dock and \\or Promenade for the period beginning January 1,
2017 thru the date of this request. The requested records shall include, without limitation, all E-Mails, phone records,
messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”.
The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its
Manager, its employees, its officers, its staff, its Police Department, its Police Officers its counsel and the following law
firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.;
and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the attorneys, employees
and partners of each such law firm.)
As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a
Privilege Log or an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also, to the
extent that there are any redactions in any of the records, we ask that you provide the basis consistent with the request
in the prior sentence.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
1
SETTLEMENT AGREEMENT
For and in consideration of $15,000 and other good and valuable consideration to be
paid by the TOWN OF GULF STREAM ("Town") to MARTIN O'BOYLE
("O'Boyle"), individually and on behalf of Asset Enhancement, Inc., Airline Highway,
LLC, Commerce Group, Inc., Commerce Realty Group, Inc., CRO Aviation, Inc., Our
Public Records, LLC, CG Acquisition Company, Inc, and Stopdirtygovernment, Inc.
(collectively with O'Boyle, the "Public Records Plaintiffs") (the Town, O'Boyle and
the Public Records Plaintiffs referred to collectively as the "Parties") agree as follows:
2. Dismissed Claims/Cases. On or before December 12, 2018, counsel for the Public
Records Plaintiffs shall deliver to the Town's counsel stipulations for the dismissal
with prejudice of the following claims and/or cases (the "Dismissed Claims/Cases") in
the appropriate court to secure a final order of dismissal of each case with each party
to bear its own attorney's fees and costs, even if a party is otherwise entitled to seek
attorney's fees and costs from another party under a fee or cost shifting provision. The
Stipulations shall be held in escrow by counsel for the Town until the fully executed
Agreement has been delivered to O'Boyle.
Town of Gulf Stream v. O'Boyle, Case No. 502016CA005437
O'Boyle v. Town of Gulf Stream, Case No. 502014CA005628
O'Boyle v. Town of Gulf Stream, Case No. 502016CA004546 (appeal no. 4D18-3156)
O'Boyle & Asset Enhancement, Inc. v. Town of Gulf Stream, Case No.
502014CCO15050 (appeal no. 502018AP00007CAXXMB)
O'Boyle & Asset Enhancement, Inc. v. Gulf Stream, Scott Morgan, John Randolph,
Robert Sweetapple, Joanne O'Connor, Case No. 502015CA001737
Counts II through VIII in O'Boyle et al. v. Gulf Stream, Case No. 2014CA0011940
3. Stipulated Claims/Cases. The Town stipulates to and confesses to judgment in the
following cases and/or as to the following claims (the "Stipulated Claims/Cases").
The Parties agree that all public records requests made in the Stipulated Claims/Cases
are now moot.
Stopdirtygovernment v. Gulf Stream, Case No. 502014CA003721
O'Boyle v. Gulf Stream, Case No. 502014CA008076
Count I in O'Boyle et al. v. Gulf Stream, Case No. 2014CA0011940
Asset Enhancement v. Gulf Stream, Case No. 2014 CA0216
The Parties shall submit agreed orders to the court in each of the Stipulated
Claims/Cases in which the Town confesses to judgment, which agreed orders provide
for the retention of jurisdiction to determine the amount of attorneys' fees and costs to
which the respective Public Records Plaintiff is entitled. The Public Records Plaintiffs
agree to submit their fee applications within 30 days of the effective date of this
Settlement Agreement.
In addition, the parties will continue to litigate the amount of fees and costs to be
awarded to Plaintiff in O'Boyle v. Town of Gulf Stream, Case No. 502014CA004474
(the "4474 Case").
The Parties stipulate and agree to mediate the subject of attorneys' fees and costs in the
Stipulated Claims/Cases and the 4474 Case before engaging in any further discovery.
If mediation is not successful, the parties agree that any further discovery concerning
the amounts of attorneys' fees and costs in the Stipulated Claims/Cases (excepting the
4474 Case) shall be limited to the depositions of the parties' attorneys and expert
witnesses on the subject of the reasonable amount of attorneys' fees and costs. As to
the 4474 Case, the Town reserves all rights to argue that additional discovery beyond
the scope of the parties' attorneys and expert witnesses is appropriate.
4. Sanctions Claims in Settled Cases. All sanctions claims made by, ordered, or granted
to any Defendant in the Dismissed Claims/Cases, the Stipulated Claims/Cases and the
4474 Case (collectively, the "Settling Cases"), including, without limitation, those
made, ordered, or granted pursuant to section 57.105, Florida Statutes, the inherent
authority of any court, or any other law (whether statutory or common law)
("Sanctions") shall be withdrawn and dismissed with prejudice; and to the extent that
there is any Order or Judgment of any Court after the date of this Settlement Agreement
issued or favoring any Defendant in the Settling Cases, that Defendant hereby waives
payment of same.
5. In the event that O'Boyle, a relative, employee, associate, agent, or an entity which is
controlled by O'Boyle or attorney of O'Boyle, but only to the extent that any such party
was acting expressly on behalf of O'Boyle (collectively "O'Boyle Requestors")
submits a public records request to the Town (pursuant to F. S. Chapter 119 ("119"), at
any time after the day of the execution of this Settlement Agreement, Martin E.
O'Boyle hereby agrees to pay, at the time that the public records request is made, a
facilitation fee of $250 to the Town Clerk of the Town ("Facilitation Fee"). Failure to
pay the Facilitation Fee will conclusively render such public records request
withdrawn. In the event that there are no costs associated with responding to the
applicable public records request or in the event that the costs associated with
responding to the applicable public records request are less than the corresponding
Facilitation Fee, the Facilitation Fee (after reduction of the costs associated with
responding to the request) will be refunded to Martin E. O'Boyle within ten (10) days
of the Town's determination of the costs (or absence thereof) associated with
responding to the public records request. Otherwise, the conduct of the O'Boyle
Requestors and the Town will be governed by 119.
6. The Town and the Public Records Plaintiffs have read this Settlement Agreement with
the assistance of counsel and understand its terms, obligations, operation, and effect.
The Town and the Public Records Plaintiffs acknowledge that their entry into this
2
Settlement Agreement shall not be deemed or considered to be any admission or
acceptance of liability (except as otherwise provided herein and as to the Stipulated
Claims/Cases). The Town and the Public Records Plaintiffs have entered into this
Settlement Agreement voluntarily and without having been threatened, coerced, or
intimidated. No provision of this Settlement Agreement shall be construed
presumptively against any party hereto.
7. The Town and the Public Records Plaintiffs warrant to each other (a) that no sale,
assignment, transfer, or other disposition of any of the claims which are being released
and waived hereunder has occurred, (b) that each has the full right, power, legal
capacity, and authority to enter into this Settlement Agreement and to consummate the
transactions described herein, and (c) that this Settlement Agreement has been duly and
validly executed and delivered and constitutes a legal, valid and binding obligation in
accordance with its terms.
8. In the event of a default of any obligation under this Settlement Agreement, the party
declaring any such default shall provide the party allegedly in default with a notice
explaining the default by Certified mail (Return Receipt Requested) or by a recognized
overnight delivery carrier (the "Notice"). The failure to cure a default by the 10th day
after such Notice was received by the party to whom it was sent shall constitute a breach
of this Settlement Agreement by the defaulting party or parties. Such breach, however,
shall not be construed as a breach between all parties, and any such breach shall be
enforceable only against the defaulting party by the party providing the Notice. Notice
to the Town shall be made to the Town Clerk at the official address for of the Town of
Gulf Stream, 100 Sea Road, Gulf Stream, FL 33483. Notice to the Public Records
Plaintiffs shall be made to Martin O'Boyle (with a copy to William F. Ring, Esq.) at
1280 W. Newport Center Drive, Deerfield Beach, FL, 33442).
9. This Settlement Agreement is 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. Accordingly, the Parties consent to the exclusive jurisdiction of the Circuit
Court for the 15th Judicial Circuit for the State of Florida in Case No. 2014 CA 004474
for enforcement of this Settlement Agreement.
10. This Settlement 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 Settlement Agreement shall be
considered, for all purposes, as if it were an executed original.
11. The content of this Settlement Agreement contains the entire agreement of the Parties
with respect to all matters covered and the transactions as contained herein.
12. No modification or waiver of any provision of this Settlement Agreement shall be
effective unless the same shall be in writing and signed by the Town and the Public
Records Plaintiffs.
13. If any term, covenant, or condition of the Settlement Agreement or the application
thereof shall, to any extent, be invalid or unenforceable, the remaining terms,
conditions, and covenants shall remain valid and enforceable. Each term, covenant, or
condition shall be enforced to the fullest extent permitted by law.
14. The signatures of the Public Records Plaintiffs hereto are provisional and contingent
upon the Town executing this Agreement by 10:00 a.m. on Wednesday, December 12,
2018. The Settlement Payment shall be wired to Martin O'Boyle within 24 hours of the
Town's execution of this Agreement. Upon execution of this Agreement by the below
signatories, and receipt by O'Boyle of the Settlement Payment in immediately available
funds, as required herein, this Agreement shall be in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement as
of December )2, 2018.
Martip/E—O'Boyledividually and on
behalf of each of thiPublic Records
Plaintiffs
Town of Gul
Renee Basel
From:Renee Basel
Sent:Thursday, April 18, 2019 3:56 PM
To:'Martin E. O’Boyle'
Subject:RE: Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden HarbourPlease
provide promptly to fulfill this request.
Good afternoon, Mr. O’Boyle:
The Town is not holding a $250 facilitation fee in connection with a prior request. In February 2019, you
provided a facilitation fee for public records request GS #2689, the remainder of which was returned to you in
accordance with the Settlement Agreement after production of responsive records. Pursuant to the terms of
the Settlement Agreement, please provide a facilitation fee. Once the facilitation fee is received, the Town will
process your public records request.
Sincerely,
Reneé Rowan Basel
Executive Administrative Assistant
Town of Gulf Stream
100 Sea Road
Gulf Stream FL 33483
561.276.5116
561.737.0188-fax
www.gulf-stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
From: Martin E. O’Boyle \[mailto:meo@commerce-group.com\]
Sent: Tuesday, April 16, 2019 5:56 AM
To: Renee Basel <RBasel@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>
Subject: Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden HarbourPlease provide promptly to fulfill this
request.
Dear Madam Custodian of Records & Ms. Renee Basel – please see the below records request. Please promptly advise if
you need any clarifications; otherwise, I would appreciate it if the records could be produced promptly.
In connection with this request, it is my understanding that the Town is holding a $250 deposit in connection with a
prior request. In connection with this request, pursuant to the attached Settlement Agreement; and, more particularly
Paragraph #5 thereof, the $250 which the Town is holding fulfills the obligation of the Requestor.
1
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which refer to 23 N Hidden
harbor Dr. Gulf Stream, Fl.; and, more particularly, the Dock and \\or Promenade for the period beginning January 1,
2017 thru the date of this request. The requested records shall include, without limitation, all E-Mails, phone records,
messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”.
The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its
Manager, its employees, its officers, its staff, its Police Department, its Police Officers its counsel and the following law
firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.;
and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the attorneys, employees
and partners of each such law firm.)
As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a
Privilege Log or an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also, to the
extent that there are any redactions in any of the records, we ask that you provide the basis consistent with the request
in the prior sentence.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
2
Renee Basel
From:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Thursday, April 18, 2019 5:00 PM
To:Renee Basel
Cc:Michelle Melicia
Subject:RE: Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden HarbourPlease
provide promptly to fulfill this request. - 2689
Renee – thank you for your email below.
Unfortunately, I was not aware that you had taken part of the $250. I am curious as to your basis for the deduction of
the amount from the $250. Kindly substantiate.
Also, I was not aware that you had returned the residual. Absent a clear explanation, which based upon the amount
withdrawn from the $250, I demand that such retained funds taken be refunded.
Lastly, I understand that the funds were recently returned, in April of this year. February, March & April seem a bit long
for you to hold my money. Please realize your conduct in withholding the return of the funds according to paragraph #5
of the Settlement Agreement constitutes a breach of its terms.
Note: This email was prepared using dictation software. As a result, there may be errors in the
content and thus the content may not be relied upon. If you wish clarification, please call or write
requesting the same. Thank you.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Renee Basel <RBasel@gulf-stream.org>
Sent: Thursday, April 18, 2019 3:56 PM
To: Martin E. O’Boyle <meo@commerce-group.com>
Subject: RE: Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden HarbourPlease provide promptly to fulfill
this request.
Good afternoon, Mr. O’Boyle:
The Town is not holding a $250 facilitation fee in connection with a prior request. In February 2019, you
provided a facilitation fee for public records request GS #2689, the remainder of which was returned to you in
accordance with the Settlement Agreement after production of responsive records. Pursuant to the terms of
the Settlement Agreement, please provide a facilitation fee. Once the facilitation fee is received, the Town will
process your public records request.
1
Sincerely,
Reneé Rowan Basel
Executive Administrative Assistant
Town of Gulf Stream
100 Sea Road
Gulf Stream FL 33483
561.276.5116
561.737.0188-fax
www.gulf-stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
From: Martin E. O’Boyle \[mailto:meo@commerce-group.com\]
Sent: Tuesday, April 16, 2019 5:56 AM
To: Renee Basel <RBasel@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>
Subject: Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden HarbourPlease provide promptly to fulfill this
request.
Dear Madam Custodian of Records & Ms. Renee Basel – please see the below records request. Please promptly advise if
you need any clarifications; otherwise, I would appreciate it if the records could be produced promptly.
In connection with this request, it is my understanding that the Town is holding a $250 deposit in connection with a
prior request. In connection with this request, pursuant to the attached Settlement Agreement; and, more particularly
Paragraph #5 thereof, the $250 which the Town is holding fulfills the obligation of the Requestor.
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which refer to 23 N Hidden
harbor Dr. Gulf Stream, Fl.; and, more particularly, the Dock and \\or Promenade for the period beginning January 1,
2017 thru the date of this request. The requested records shall include, without limitation, all E-Mails, phone records,
messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”.
The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its
Manager, its employees, its officers, its staff, its Police Department, its Police Officers its counsel and the following law
firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.;
and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the attorneys, employees
and partners of each such law firm.)
As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a
Privilege Log or an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also, to the
extent that there are any redactions in any of the records, we ask that you provide the basis consistent with the request
in the prior sentence.
Martin E. O'Boyle,
Commerce Group
2
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
3
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Renee Basel
From:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Thursday, April 18, 2019 4:58 PM
To:Renee Basel
Subject:FW: Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden
HarbourPlease provide promptly to fulfill this request.
Attachments:O'BOYLE SETTLEMENT AGREEMENT.pdf; RE Records Request - Gulf Stream - Dock -
Promenade - 23 N Hidden HarbourPlease provide promptly to fulfill this request.
In furtherance to the below request; and based on your attached email, I am having a check in the amount of $250
delivered to you in the am, as you have requested.
This check is being submitted under protest. We are reserving our rights in connection with your demand that you are
refusing to process the request absent your advance receipt of these funds.
Note: This email was prepared using dictation software. As a result, there may be errors in the
content and thus the content may not be relied upon. If you wish clarification, please call or write
requesting the same. Thank you.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Martin E. O’Boyle
Sent: Tuesday, April 16, 2019 5:56 AM
To: 'Renee Basel' <rbasel@gulf-stream.org>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>
Subject: Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden HarbourPlease provide promptly to fulfill this
request.
Dear Madam Custodian of Records & Ms. Renee Basel – please see the below records request. Please promptly advise if
you need any clarifications; otherwise, I would appreciate it if the records could be produced promptly.
In connection with this request, it is my understanding that the Town is holding a $250 deposit in connection with a
prior request. In connection with this request, pursuant to the attached Settlement Agreement; and, more particularly
Paragraph #5 thereof, the $250 which the Town is holding fulfills the obligation of the Requestor.
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which refer to 23 N Hidden
harbor Dr. Gulf Stream, Fl.; and, more particularly, the Dock and \\or Promenade for the period beginning January 1,
2017 thru the date of this request. The requested records shall include, without limitation, all E-Mails, phone records,
messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”.
1
The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its
Manager, its employees, its officers, its staff, its Police Department, its Police Officers its counsel and the following law
firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.;
and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the attorneys, employees
and partners of each such law firm.)
As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a
Privilege Log or an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also, to the
extent that there are any redactions in any of the records, we ask that you provide the basis consistent with the request
in the prior sentence.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
2
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 23, 2019
Martin E. O’Boyle [mail to: meo@commerce-group.com]
Re: GS #2705 (Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden
Harbour)
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes
which refer to 23 N Hidden harbor Dr. Gulf Stream, Fl.; and, more particularly, the Dock and
\or Promenade for the period beginning January 1, 2017 thru the date of this request. The
requested records shall include, without limitation, all E-Mails, phone records, messages,
letters, memos and other communications sent by, received by or created by the “Town of Gulf
Stream”.
The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its
Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its
Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas;
Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and
Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the
attorneys, employees and partners of each such law firm.)
Dear Martin E. O’Boyle [mail to: meo@commerce-group.com]:
Thank you for your Facilitation Fee of $250.00 by check #24447 for the public record request
described above, received by the Town on April 22, 2019. The original request and
correspondence can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/123656/Page1.aspx
The Town will use its very best efforts to respond to your public records request in a reasonable
amount of time.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
Renee Basel
From:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Tuesday, April 30, 2019 9:42 AM
To:Renee Basel; Michelle Melicia
Subject:FW: GS #2705 (Dock - Promenade - 23 N Hidden Harbour)
Attachments:GS #2705 (Dock - Promenade - 23 N Hidden Harbour.pdf
When a-reference is made to the caption; and the Records Request, as identified in the attachment. Kindly note that the
records request was made on April 16, 2019; and today is April 30, 2019.
Considering the foregoing, please allow this correspondence to serve as formal notice (pursuant to Ch. 119.12(1)(b)
Notice) that if we do not receive a response to the referenced Records Request within five (5) business days we will
institute a formal legal action against you.
Michelle – please calendar for next Monday and follow up with me at that time.
Note: This email was prepared using dictation software. As a result, there may be errors in the
content and thus the content may not be relied upon. If you wish clarification, please call or write
requesting the same. Thank you.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Renee Basel <RBasel@gulf-stream.org>
Sent: Tuesday, April 23, 2019 2:36 PM
To: Martin E. O’Boyle <meo@commerce-group.com>
Subject: GS #2705 (Dock - Promenade - 23 N Hidden Harbour)
Good afternoon, Mr. O’Boyle:
See attached correspondence.
Sincerely,
Reneé Rowan Basel
Executive Administrative Assistant
Town of Gulf Stream
100 Sea Road
Gulf Stream FL 33483
1
561.276.5116
561.737.0188-fax
www.gulf-stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
2
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 23, 2019
Martin E. O’Boyle [mail to: meo@commerce-group.com]
Re: GS #2705 (Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden
Harbour)
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes
which refer to 23 N Hidden harbor Dr. Gulf Stream, Fl.; and, more particularly, the Dock and
\or Promenade for the period beginning January 1, 2017 thru the date of this request. The
requested records shall include, without limitation, all E-Mails, phone records, messages,
letters, memos and other communications sent by, received by or created by the “Town of Gulf
Stream”.
The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its
Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its
Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas;
Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and
Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the
attorneys, employees and partners of each such law firm.)
Dear Martin E. O’Boyle [mail to: meo@commerce-group.com]:
Thank you for your Facilitation Fee of $250.00 by check #24447 for the public record request
described above, received by the Town on April 22, 2019. The original request and
correspondence can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/123656/Page1.aspx
The Town will use its very best efforts to respond to your public records request in a reasonable
amount of time.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
Renee Basel
From:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Saturday, May 4, 2019 2:00 PM
To:Renee Basel; Rita Taylor
Subject:FW: GS #2705 (Dock - Promenade - 23 N Hidden Harbour)
Attachments:GS #2705 (Dock - Promenade - 23 N Hidden Harbour.pdf
Dear Ms. Basel & Madam Custodian of Records:
In connection with the caption, please allow this correspondence to serve as formal notice (pursuant to Ch. 119.12(1)(b)
Notice) that if we do not receive a response to the referenced Records Request within five (5) business days we will
institute a formal legal action against you.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Renee Basel <RBasel@gulf-stream.org>
Sent: Tuesday, April 23, 2019 2:36 PM
To: Martin E. O’Boyle <meo@commerce-group.com>
Subject: GS #2705 (Dock - Promenade - 23 N Hidden Harbour)
Good afternoon, Mr. O’Boyle:
See attached correspondence.
Sincerely,
Reneé Rowan Basel
Executive Administrative Assistant
Town of Gulf Stream
100 Sea Road
Gulf Stream FL 33483
561.276.5116
561.737.0188-fax
www.gulf-stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
1
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
2
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 23, 2019
Martin E. O’Boyle [mail to: meo@commerce-group.com]
Re: GS #2705 (Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden
Harbour)
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes
which refer to 23 N Hidden harbor Dr. Gulf Stream, Fl.; and, more particularly, the Dock and
\or Promenade for the period beginning January 1, 2017 thru the date of this request. The
requested records shall include, without limitation, all E-Mails, phone records, messages,
letters, memos and other communications sent by, received by or created by the “Town of Gulf
Stream”.
The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its
Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its
Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas;
Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and
Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the
attorneys, employees and partners of each such law firm.)
Dear Martin E. O’Boyle [mail to: meo@commerce-group.com]:
Thank you for your Facilitation Fee of $250.00 by check #24447 for the public record request
described above, received by the Town on April 22, 2019. The original request and
correspondence can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/123656/Page1.aspx
The Town will use its very best efforts to respond to your public records request in a reasonable
amount of time.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
May 6, 2019
Martin E. O’Boyle [mail to: meo@commerce-group.com]
Re: GS #2705 (Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden
Harbour)
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes
which refer to 23 N Hidden harbor Dr. Gulf Stream, Fl.; and, more particularly, the Dock and
\or Promenade for the period beginning January 1, 2017 thru the date of this request. The
requested records shall include, without limitation, all E-Mails, phone records, messages,
letters, memos and other communications sent by, received by or created by the “Town of Gulf
Stream”.
The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its
Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its
Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas;
Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and
Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the
attorneys, employees and partners of each such law firm.)
Dear Martin E. O’Boyle [mail to: meo@commerce-group.com]:
The original request and correspondence can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/123656/Page1.aspx
To fully respond to your request requires one hour and 58 minutes of administrative support at
$42.90 per hour, two hours and one minute of staff attorney support at $74.07 per hour, one half
hour of IT support at $115.00 per hour, the labor cost of the personnel providing the service, per
Fla. Stat. § 119.07(4)(d). The Town notes that you have already paid $250 toward this request.
If you agree to pay an additional $40.46 to cover the balance of the cost to respond to this
request, the Town will immediately provide all records and wait for your payment for the
balance of your request. If you would instead prefer an initial production of records covering
your $250 deposit, let us know and the Town will immediately make the records available to
you.
(1.96 @ $42.90 = $84.08) + (2.01 @ $74.07 = $148.88) + (.50 @ $115.00 = $57.50) Deposit
Due: $290.46 - $250 Facilitation Fee = $40.46 cash or check.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
Renee Basel
From:Martin E. O’Boyle <meo@commerce-group.com>
Sent:Monday, May 6, 2019 4:49 PM
To:Renee Basel
Subject:FW: GS #2705 (Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden
Harbour)
Attachments:GS #2705 (Dock - Promenade - 23 N Hidden Harbour.prod.est.pdf
Renee – thank you for your email below and the attached.
Please proceed to produce the records. To the extent that I owe any amounts in connection with the request at hand, I
will assuredly pay same promptly. That said, please do not construe this email to be an agreement to pay the amounts
set forth in the attached.
Thank you!
Note: This email was prepared using dictation software. As a result, there may be errors in the
content and thus the content may not be relied upon. If you wish clarification, please call or write
requesting the same. Thank you.
Martin E. O'Boyle,
Commerce Group
1280 W. Newport Center Drive
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561-383-1221
E-mail: meo@commerce-group.com
Web Page: www.commerce-group.com
From: Renee Basel <RBasel@gulf-stream.org>
Sent: Monday, May 6, 2019 4:20 PM
To: Martin E. O’Boyle <meo@commerce-group.com>
Subject: GS #2705 (Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden Harbour)
Good afternoon, Mr. O’Boyle:
See attached correspondence.
Sincerely,
Reneé Rowan Basel
Executive Administrative Assistant
Town of Gulf Stream
100 Sea Road
Gulf Stream FL 33483
561.276.5116
1
561.737.0188-fax
www.gulf-stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
2
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
May 7, 2019
Martin E. O’Boyle [mail to: meo@commerce-group.com]
Re: GS #2705 (Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden
Harbour)
Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes
which refer to 23 N Hidden harbor Dr. Gulf Stream, Fl.; and, more particularly, the Dock and
\or Promenade for the period beginning January 1, 2017 thru the date of this request. The
requested records shall include, without limitation, all E-Mails, phone records, messages,
letters, memos and other communications sent by, received by or created by the “Town of Gulf
Stream”.
The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its
Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its
Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas;
Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and
Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the
attorneys, employees and partners of each such law firm.)
Dear Martin E. O’Boyle [mail to: meo@commerce-group.com]:
The original request and correspondence can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/123656/Page1.aspx
The Town notes that your request seeks “all records” but specifically seeks “communications”
about the subject matter of your request. The Town has sought to provide you with all
communications relative to this matter by performing the searches explained below. We note that
records associated with previous and current building applications hand delivered to the Town of
Gulf Stream or the City of Delray Beach relative to this matter, including oversized plans, are
available for inspection and copying at the Gulf Stream Town Hall or the City of Delray Beach if
your request seeks those records as well.
In order to provide you with the above referenced records, the Town performed searches including
an IT search of emails from January 1, 2017 to the date of your request with the content “hidden
harbour” or “hidden harbor” or “O’Boyle” and “dock” or “promenade.” Further, the Town
Attorney also performed searches, including an IT search of emails to or from Joanne O’Connor
or John Randolph and @gulf-stream.org for the content “hidden harbour” or “hidden harbor” or
“dock” during the same time period. Please note that none of the records produced to you should
be construed as waiving any privilege between the Town and its attorneys.
Not included in the Town’s production is the Town’s confidential mediation statement sent to
Judge Hazouri on March 1, 2019 and any drafts and correspondences regarding same as they are
protected by Florida’s mediation privilege, Florida Statues section 44.102(3), and Florida Statues
section 119.071(1)(d)1 as prepared by or at the direction of an agency attorney and reflecting a
mental impression, conclusion, litigation strategy, or legal theory of the attorney in the following
cases:
O’ Boyle v. Gulf Stream, Case No: 502014CA011940XXXXMB (Count I only)
Asset Enhancement, Inc. v. Gulf Stream, Case No: 502014CA010216XXXXMB
O’ Boyle v. Gulf Stream, Case No. 502014CA008076XXXXMB
Stopdirtygovernment v. Gulf Stream, Case No: 502014CA003721XXXXMB
O’ Boyle v. Gulf Stream, Case No: 502014CA004474XXXXMB
To the extent your request relates to an item that was part of larger settlement discussions between
you or your lawyers and the Town, its lawyers, or it’s Mayor, those records are in your possession
and are further deemed to be unresponsive to your request. However, as a courtesy and in an
abundance of caution, many of those records were provided, including records that came up in one
of the many above IT searches.
In response to our request for an additional $40.46 to fully respond to this request, you stated the
following:
Please proceed to produce the records. To the extent that I owe any amounts in connection with
the request at hand, I will assuredly pay same promptly. That said, please do not construe this
email to be an agreement to pay the amounts set forth in the attached.
The Town is unsure how to proceed based on this response. Therefore, upon receipt of the
additional $40.46, the Town will supplement the above production with the remainder of records.
If we do not hear back from you within 30 days of this letter, we will consider this request closed.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
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LOCATION MAP23 HIDDEN HARBOR DR.NSITE BOUNDARY AND INFORMATION BASED ON A SURVEY PROVIDED BY:O'BRIEN, SUITER & O'BRIEN, INC.ORDER # 12 -100db DATE NOV 4, 2013 REVISED SEPT 23, 2014 LEGAL DESCRIPTION LOT 5, HIDDEN HARBOUR ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 36, PAGE 110, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.PCN 20 -43 -46 -09 -46 -000 -0050PROJECT DESCRIPTION RENOVATION OF THE EXTERIOR, ADDITION OF LOGGIA TO WEST END OF HOUSE. NEW POOL AND EXPANDED POOL PLATFORM.
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SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT (Agreement) is entered into, by and between
the parties listed on Exhibit A in the column titled "PARTIES" (hereinafter collectively
referred to as "Plaintiffs") and the Town of Gulf Stream, a municipal corporation of the
State of Florida, whose address is 100 Sea Road, Gulf Stream, Florida 33483 (the
"Town") and is executed by the Town and the Plaintiffs this 26 day of .July, 2013 (the
"Effective Date"). The Town and the Plaintiffs shall be collectively known as the
"parties"
WHEREAS, it is the desire of the parties to this Agreement to resolve all
disputes, appeals and pending litigation relating to the cases referenced in the column
titled "CASES" on Exhibit uA" 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:
I . 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 Arch itectu ra US ite 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 time 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 alfa, the floor area ratio, height of the home's entry feature, and front
setback in accordance with the interpretation advanced by O'Boyle counsel in the
argument portion of O'Boyle's Petition for Writ of Certiorari, 'The Development
Agreement will also recognize that the Property's (including its Improvement's) setbacks
will not be measured from the point of measurement currently established in the Code;
but will be measured in accordance with the actual Property lines for building purposes
among other purposes_ It is also the purpose of the Development Agreement to
facilitate the Plaintiffs or subsequent owner's demolition, rebuilding or renovation of the
Improvements, including, without limitation, the existing home, or the construction of
Improvements, including, without limitation, a new Dome.. The Development Agreement
shall be substantially in the form provided for in Section 163.3220, Pla, 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.
& Upon the execution of this Agreement by the Plaintiffs, the Town agrees
to pay O'Boyle $980,000.00, 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:
& Upon the execution of this Agreement, the Plaintiffs shall dismiss with
prejudice the Eases.
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 'W" attached hereto (the "Plaintiffs Release").
13 Representations and Warranties of the Plaintiffs. Each of the Plaintiffs
represents and warrants to the Town as follows:
61
(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.
tor. 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;
61
(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 D 1.
(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
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..
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 Part r 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_Gooperation. 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
7
parties therefore, agree and consent that the remedy of speck 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.
M
tis, 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. Ali 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
_ _ .w- . 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 3340.1
John C. Randolph, Esquire
Facsimile: 561-650-0465
If to any of the Plaintiffs:
Martin E. O'Boyle
Commerce Groep, 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.
12801 West Newport Center Drive
Deerfield Beach, FL 33442
Facsimile: 954-3600807
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.
M Entire Agreement This Agreement contains the entire agreement of the
parties with respect to the matters covered and the transactions contemplated hereby.
No modification or waiver of any provision of this Agreement shall in any event be
effective unless the same shall be in writing and signed by the party to be charged, and
then such waiver or consent shall be effective only as stated in writing,
30. Severability. If any term, covenant or condition of this Agreement or the
application thereof shall, to any extent, be invalid or unenforceable, the remainder of
this Agreement, or the application of such term, covenant or condition other than those
which are held invalid or unenforceable, shall not be affected thereby and each term,
covenant or condition of this Agreement shall be valid and enforced to the fullest extent
permitted by law.
31, Upon execution of the Settlement Agreement, the Town agrees to dismiss
with prejudice the asserted violations as set forth on Exhibit B.
32, Time is of the Essence. The dates and times for performance of all of the
obligations hereunder shall be deemed of the essence of this Agreement.
33. legal Action. In the event of any action taken by any party, including,
without limitation, an appeal of this Agreement or any related applications or
13
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 $1,000,009, 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
3& 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 F' TREAM
By:
M yor
PLAI NTf P,FS
w
in E.. O'Boyle
By:
Commerce Group, Inc.
Mart' O`Boyle, President
By;
N984AC Caravan, LLC
MarWn E. O'Boyle, Member
By:
Airline Highway, LLC
Martin E. O'Boyle
Managing Member
p:Wocsli314710001Woc11gW37 doer
15
EXHIBIT "A"
CASE NO,
.16th Judicial Circuit
Palm Beach County, Florida
PARTIES
SUBJECT
502013CA00675OXXXXMBAO
Martin E. O'Boyle vs Town of Gulf Stream
PR #332
502013CA006125XXXXMBAH
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
502013C:A008452XXXXMBAG
Martin E O'Boyle vs Town of Gulf Stream
PR #336
502013CA008919XXXXMBAD
N984AC Caravan LLC vs Town of Gulf Stream
PR #351
502013CA01 11 20XXXXMBAO
Martin E. O'Boyle vs Town of Gulf Stream
PR #363
502013CAO11122XXXXMBAI
Martin E. O'Boyle vs Town of Gulf Stream
PR Signage
5 0201 3CAO 11411 XXXXM BAJ
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
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•GIV-80530
Middlebrooks/Brannon
Martin E.. O'Boyle vs Town of Gulf Stream
Injunction
Declaratory
Judgment
p:Wocst131471000131docligg1763 docx
Zantng Depdriment
Town of Gulf Stream
100 Sea Road
GulfStrearn, FL 33483
COBE ENFORCEMENP SPECL4L MAGISTRATE °x (56
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 2-13
STATEMENT OF VIOLATION AND NOTICE OF HEARING i
iL73
Pursuant to section 2-75 of the Town of Gulf Stream Code of'Ordinance, the undersigned her by gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular esctibed
herein, and requests a PLiBI.1C HEARING before the COME ENFORCEMENT PECIAt
MAGISTRATE of the Town. I
I • Location/Address where violation(s) exist(s): 23 Hidden harbour Drive
2- Legal Description: Lot: 5 Ridden Harbour Estates
3, Name and address of owner/person in charge where vialation(s) exist(s): jtartin l;
ng
C Violation of Town Code Section(s) and description(s): gjrolti-colopatered striids n inted�ort N sic
sec. 66-446 prohibits any sign not listed as being pet&tted. This sign trot Listed.
Sen. 70-106(b) (3) lists approved colors -for Spanish 2Iaditerranean stxtintrYs ' &colors
are cis a xso on a a pr zs n. o- s e. P t changes
in exterior wall aolnrs require aLevel. 1 ArchikectZsral/Si.ke Plan Revi.e�; hich is a
e5 . _ "ee'..x.„_•Led f&r these
F
(SBE ATTAG`FiED "EXHIBITS OF VIOLATION)
5. Data of First inspection: A it qn 201
Faxed not ide ort 5-1•-13. Refused to accept lid delivered
b, Date owner first notified of violation(s): Accepted notate at Tcx n Ball on 5-
7.. bate on/by, which"violations are to be corrected: instie noel e he rven 48 bo=sgosed
via fax.
+*+4+,►++.*+*�w+*+sa++*+x.4*"IMFQRTANT 1`IDTICE*+*a*«+++++++rr++++***++*
t
Unless the violator corrects the violation(s) described herein by the date set forth a
CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561-2.76-5116
COMPLIANCE with the Torun Code(s) Cited herein, NOTICE IS TdERBY GIVEN 'THAT,
HR,kRWG WILL BE CONDUCTED for the above referenced property before the To
Stream Code Enforcement Special Magistrate on 6-4-13
as the case can be heard in the Town hail Commission Chamber located at 100 Sea
Stream; Florida.
YOU ARE REQUMED TO APPEAR BEFORE IRE SPECIAL MAGISTRATE at t `
answer aflegations that you have violated the above cited sections of the'Code of Ordina
Towfi of Oulf Stream, IF YOU,PAIL TO ATTEND, Ute Special Magistrate may base his/h
sole, u o t b
rw ice 5-1-13
s- 31
s y 3, 2013
t sent
b AND
verify
A Pi78LIC
w of Gulf'
n hereafter
R ad, Gulf
• f
i
ha time to
n "
,of the
Sol-,-
p n amen ntton ytite Towu Cede Inspector a findings
r
William 11 'i iirasher, Tow' u ,Hoang
of
Town Gulfstream i
r
YOU W.TST NOTIFY THE TOWN OF GULF S'T'REAM AT (561) 276-5116 ON OR BEF RE
THAT THE PARCEL OF REAL PROPERTY OWNED BY
DES ELl TN THIS NOTICE IS NO LONGER IN VIOI ATION OF TOWN CODES UTI
YOU ARE REQUESTING A REINSPECTION.
W THE VIOLATIONS) IS/ARE NOT CORRECTED IN THE TIME SPECIF FOR
CQRREGTION, OR IF THE VIOLATION(S) L5/ARE CORItECTEl7 AND THEN REC
CASE MAY EE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOL TTON(S
HAV5 BEEN CORRECTED PRIOR TO THE SPEC`IA;., MAGISTRATE HEAR}NG.
IF YOU FAIT..: TO NOTIFY THE TOWN OF GULF S'T'RE l - -
p.R.�SUMEE BY T14R
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT TIS PARCEL Q REAL PI OPERTTYY
I)LSCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.,
If the Special Magistrate Finds that you have committed a violation, he/she may order DIATE
COWMA.NCE with the Code and if you fail to comply with such order within the timeL-EN
d set
forth therein, he/she can IMPOSE A FINE OF UP TO $250,00 PER DAY for each violationning
in non-compliance
If the Town is successful in prosecuting your case before the Special Magistrate, FINES13E
1MI'.OSED BY THE SPECIAL. MAGISTRATE, SUCH FINES SHALL CONSTI7UTRA ON
ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FACI..i� TO PAY SCTT3 FINES
CAN itESUT •T 1N FORECLOSURE AND COLLECTION ACTION BY THE TOWN,
If you disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT C "URT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered
If YOU wish to have the Special Magistrate RECONSIDER your case for any reason or if you case was
in fine and is now in compliance and you wish to request a REDUCTION IN I1VE,
APPLICATION AND THE APPROPRIATE FEE MUSan
T FIB SUBMM13D TO THE TOWN OF
GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH
MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE. QUEST
If a person decides to appeal any decision made by the Special Magistrate with respect to y matters
considered at subject meeting, they will need a recon{ of the proceedings, and for such pu ose, they
may need to ertsure that a verbatim record of the proceedings is made, upon which reeor includes
testimony and evidence upon which appeal is to'be based.
(FS 286.0105).
I'LEASE GOVERN YOURSELF ACCORDINGLY.
By Rztn L. Taylor, Town rk
Town of Gulf 3trcam
100 Sea Road
Gulf Stream, Ft. 33483
(561) 276-5116
EXHIBIT C
Wish--ig Instructions:
Branch Banking and Trust Company
300 Summers Street
Charleston WV 25301.
Routing # 051.503394
Commerce Realty Group Inc
Account # 5177704344
Attn: Robert Boder Phone: 304-341-1043
Exhibit "D1"
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 Tither 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 ofthe 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 WITNESS WHEREOF, the undersigned have executed this Release as of the day and
date Fast wr tteR above.
By:
E. O'Boyle
By: A, _. `'
Commerce Group, Inc.
�n E. O'Boyle, President
By:
N9 4AC Caravan, LLC
artiri E- O'Boyle, Member
By:,
Airline Highway, LLC
Martin E. O'Boyle
Managing Member
Exhibit "D2"
RELEASE
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 Plaintiff's (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 fTorn all actions,
causes of action, suits, debts, dues, suras 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 WITNESS RE.OF, the undersigned have executed this Release as of the day and.
date first written abok� 1
,7-26--1 a,)1 '0 5+�;
COMMERCE GROUP
a Is
n i=erPcammE!rge»5r ,u,faM
Direct Ilial Telephone #954.574-688,
July 26, =3
VIA 'i'BL.ECOPY #�,56Y-7�7-ox88
TEL1JP_ _FLONE #, 6 276-';116
Town of Gulf Stream
xoo Sea Road
Gulf Stream, FL 33483
Attn: Rita L. Taylor, Town Clerk
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
Margin L 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. o3g; 040; 041; Ro003; Ro004; R0005; R0006; 375,
R0007; R0008; 290; 291; 29.2; 293; 294; 68; 75; 115; 187; tog; and 2n.
Please let this letter further 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. 502oi3CAo076o9XXXXMBAA and
Case No. 502013CAo1185o)0CKXMBAA
Sincerely yours,
R3rdn L. Witmer
k>/N''R/FRR
www.commerce•,-roup.com
TEL 954,360.7713 . FAx 954.360,0807
12BU Wm NEWPoKT CE*PfEft DmvE. Dee r BEn;K FWAIDA 3344-2
2/ 2
Vama:
4ddrorm!
IIN111111111111111u 1111111111111111111]1111119111
CF°N 20130420056
OR HK 26343 P5 1285
RECORDED 09/24/.7.013 12;19:13
Palm Beach County, Florida
Sharon R, Bods, CLERX & CO11PTROLLER
i GE 1266 - 13::6; (42pgr )
RECORD AND RETURN TO:
John C. Randolph, Esquire
Jones, Foster, Johnston & Stubbs, P.A.
Post office Box 3475, WPB, FL 33402.3475
WILL CALL #85
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT is made and entered into this !? day of
S'. -r' 2013, by and between the TOWN OF GULF STREAM, a Florida municipal
corporation (hereinafter the "Town"), whose address is 10D 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 1633220-163.3243 (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 $10.0(3 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
7D-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.
5. 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 55, 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.
10. Amendments. This Agreement may be amended by the mutual consent of the Town
and Owner.
11. Exhibits. The Architectural/Site plan for the Property is attached hereto and
incorporated herein as Exhibit A-1. The Plans are attached hereto and are incorporated herein
as Exhibit A-2. The Settlement Agreement bearing even date herewith (and which is attached
hereto as Exhibit B) shall be incorporated herein and be a part hereof.
12. Termination. This Agreement may be terminated upon the agreement of the parties.
13. Successors in Interest. This Agreement shall inure to the benefit of the parties
successors and assigns, and shall run with the land.
14. Recording. In accordance with § 163.3239, Fla. Stat., this Agreement shall be recorded
in the Official Public Records in and for Palm Beach County, Florida, within 14 days of its
execution by the parties.
15. Governing Law. The laws of the State of Florida shall apply, Venue shall be in Palm
Beach County, Florida.
16. Attorney Fees. In the event either of the parties must enforce the terms of this
Agreement, the prevailing party shall be entitled to recover its attorney fees and costs through
the appellate level.
17. Effective Date. This Agreement shall become effective upon the recording of the
Agreement by the parties.
18. Conflicts. If and to the extent that there are any conflicts between this Agreement,
Exhibit A-1, Exhibit A-2 or Exhibit B, the provisions of Exhibit B shall prevail.
19. Building ng. n,vel2pe.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
0827,13
Page 3
INVITNESS WHEREOF, the parties have hereto set their hands and seals this day
-J
2011
TOWN OF GU
By:
Mayor
1
%SJO FORM AND
ICIENCY
Jhn C. Rarl(d�tpfi-,Iq Attorney
WIT�IIJS
Signature
,99PIName:
Signature
Print Name:
P/1101/C/C/R2012
0927,13
Page 4
MARTIN E. O'BOYLE
FLORIDA
Town of Gulf skearn
Address•
PART 1, APPLICATION REQUIREMENTS
Tn Le carnpfeled by Town Slaff durfngpre-application conferenca
A, Review and Approval Processes
O 1. 14 Ocean Overlay Permll
O 2, Land Clearing Pemlil
D 3 Annaxafion Review
O 4. Comprehensive Plan Texl Amendmenl Review
0 5. Demolition Permit
11 6. Fulure Land Use Map Change Revlew
0 7. Adminl0raliva Appeal
B 8 Zoning code Text Amendment Revlew
B. AnnUcaflssnMEalnriale
O 9. Sign Review
O 10, Site Plan Ravlaw, Level Ill
D 1 f , Sh Plan Revision
D 12- Special Exception Review
d 13. SubdIvlslon Review
D 14, Valance Review
0 15.. Rezoning Review
D 16 (O1hor)
NUMBER OF
COPIES
REQUIRED
APPLICATION MATERIAL
1
1: Completed Davelapmenl AppHcalfon
17
3. General Locatlon Map (on site Plan
17
4. Ssle Plan (2 full rhe, 15 reduced to 11x 17')
17
5. Building Elevations J7I'd size, 15 reduced')
17
6, Floor Plans (2 full size; 15 reduced'
17
7. Roof Plans (2 toll size, 15 reduced')
11 Perspacliva andfor Color rendering
(Recommended far meallng)
1
9. Dreinage Pian (If altered)
17
10, Landscape Pian (2 lot' size, IS reduced')
11. SeptitTank permit
12, l7OT i]dveway Permit (d on Al A, tar any
allemllons to drive)
13. DOT Landscape Pemrlf (ALA)
17
14. Sunray (1 V x In
15, Subdlvlslen Plat
i6. ConcllrrMey Documents
1
V. Proal of Ownelshlp (warranty dead)
1
113. AgenlAladavl
1
19. Llsl al Ad•acenl Pro erty Owners
Erweiopes
20. Propetly owners w102F10 '(stampad
addressed envelopes, no relum address
1
21. Pfopply Owners Altidav9
_
1 Set
22. Phelos of Exls9ng Home (lf a llcoble)
1
23. Construction Traft Managamen€Plan
24.
`N13TE; Whore mu[ppla copies of a arawmg are sequIrvu, srru VU100D 011-P - a,..,„e,,,.., —
site (24” x 36"j drawing whlcil (sslgned artd seated All other copies shall be reduced toll" x
1711, Please refer 10 the Insiruction for mora detaflod informatfan•
ApprmlamvtInowopmenlAppm-akF=AK3Ya09 Pane [
Novemhtr 201
Tom of. Gulf woam
TOWN OF GULF STREAM
APPLIGATION FOR DEVELOPMENT APPROVAL
This form is to be used for all davebPment review applications to be heard by the Town of Gulf Stream
AmhRectaral keviow and Plarming Board, Board of Adprslmenl, andWTotva Commisslon. To complete the
form propady, please review the eccampanying Torm of Gulf 81ream insfruclion manual forAppkallon !or
D8vef0pment R6&vForm. Failure to complete fhis form property%vtll delay Its conslderatfan,
ARPB File #
PART It GENF_RAt INFORMATION
To be cbmplaledbyallappAeanls.
A Project Information
IAA, Ptojectliiwnergame:—M—AKN 0115DYLE
IA2 P€ojectAddresa: 2�)_ V1DN
I,A.3. Projeditperty Legal Cescripgan:
t� b �t- T
'to, W {G 7K4gt)5 of PAW INCH awty I
IAA- PRrj0cl Des#9on (do scn'ira in data!,; fnrduding ofsfarles, etc)�
t"lD TION f € ^ `-is o vil rq. MEW ENNI 1wtstbe
IA.5. Square Faotage (if NewStrueiureorAddVon:
A�ohilectural Slyie A v mmY(U�,
t As, Me& all that applr.�kchiiecturd&o Pian Revfow 0 Land Clearing 0 NorthTr
Overlay (campfate ascii Bj DernoWan of Slrucfurrs a Nonjesldenlial u . �...
(Completeso Mn GJ 79pe Exception (completesectionZ)
1.A.T. (a) Proposed F.F.L. � Z.�B Typo of Foundat=.&9EAb WINA
B. Owner Information
LBA. OwnerAddress: M�KIIK b` D
1.B2 Owner Phone Number:g
I,B.3.. Owner Signature:
C. Agentlnfarmatlon 'Fd l.{)FYI0Jr
ICA Agent Name andFUmNarae;
W1 Agent Address -.11V �,.)NW�r�lc� �-G1MV. �p IEW
1.i7,3., Agent Phone Number. (o, '56-&5 6z
1.CA. AgenlSlgnatur: .
OftiCl 5 R
Pre -App Date: ARPB Data:
App Date: Recommendation,
Com Data: rc Dote
Decislon:
Application for DevdopmontApprovat!:arm ADA2000
revisedW13100 Page 2
Town of Guff 5Uaam
PARTIII, PROJECT DESCRIPTION AND JUSTIFICATION
To be complatsd by a l shaots or afforpre•apocallan confarnnca wiltr Ton StafF please be canclse but
quos n ach stldlar ear sheat& only when necessary and be sure to inclorta the appropriale and complete
ques[ionnumberforearh response
A._PrajectDesctlptlonand Justification
IIIA, I_ In what zoning district is the project rile tncaled, 7 1 � I }
III.A2 Is the project compatible tvitir the Intent of the zoning tGsbK Yes p No
> xptatrL Tib �Afl JIM !r4 t I IS ref an4�
witHi IjP i %2Eb 7eM, L felt 5
ItI.A.3. la the pralec�f isun� n'rw�i'Ih Ihe�Fuiure Land C�U a Map and goals, abJestivas and poricias of the
comprehensive plan? b Yes 0 No
Explain T A`W AFAMT.
III A4, Flow are Ingress and egress to the properly to be provided? �b
IIIA.5 How are the totirnving ultiMes to bepruvided to ties properly?
b. Sanitary Sam 141c)
a StarrrrwaletDralrtage Nb r�I�F
r- Potable Water
InIgalionfter
D
e. Elechicily D A
f TelophonD D N
g. Gas f.E�ta.ltl `"'..`—
h, CshfaTelavision rah rrtls.ir/a
IIIAS, If the project Involves the emaon alone or mere slructums, please desralba hour the swxAms are
conslstsrtl with the cdlaria la 5ectIon U&J44 of the Town of Gulf Sv=n code (Attach additional
sheet it necessary.)
I AMON eMqH16 I 7 Fvf$V(trblt�rt (ulhlr5
CT -OMP SIFPIER AMITafkg� $tYtl± 0 #f�
;�tflt5�t �ISC�tCi' � h�fCr3Y�1PAfit �' WlT �D�tsx.�.r� Pt2cP�t�-tom.
PART IV. ADVMDNAL rNFORMATION
Secttan A is to be completed by all applkanis otter pre-applcaUarr conference with Torn staff, Answannq
"Yes"!e anyquestfon in 5octton A rsquhes the carnpfation ofaddrtfonaf &actions asindfcated
k Additional ApprovaisfRoqu€rements
MAI Does the prolee( Egvolve land area wilhln fRY feet (601 of the AIA {Notch Ocean 6culavard) dghl-of-
way7 [7 Yes No (IfYes', section 8 OPM part must be completed.)
fV.A2. Does the project Involve Ihs demolition atone or more structures? Yes ❑ No
(IMes", section C erihis part must ba completed.)
IVA3 Does the project bwaive the clewing or filling of any portion of an etdvacenl lot or more than
rTsyPercent (50%)otlhefandscapedareaofadevslapadlot? OYesyf�n
Of "Yes", section C ollhfs pari must be complete6)
NA.5.D the project require opprovaiofaSpecial Exception?
Xs O No (It Yee $euUm E of flus part mdsl be campleled.)
IV.AS. is a project al variance M[h any regulations contained In the Zoning code?
Yes OKI) (If "Yes", section Got US part must be complatad,)
Appticatlon for Developmenl Approval FonADA32000 Page 3
Tovrn of Gulf Stream
R. Projects Requiring Nodh Oeean BouldvaW Ovorlay Permlf
IV B.1. What significant landscape features or architectural features are lobe dlslurbed or added and to what
extent?
W.B1. Describe the need and Justification for Ike dislurbancaladdillon: .
IV 13. WI the d€sturbancedaddldan destroy or seriously Impair visual ralailonships among buildings,
landscape features and open space, or fnWuce incompatible landscape (ealure6 or plant material
That dastrays or impahs eigniiicant views or vistas within the Notlh Ocean Bordevard Overlay District?
Yes No
Explain:
MBA Hour is the design consistent with the AIA Landscape Enhancement Project?,_
fV B 5, What.mltigallon Is proposed so that the dislurbanceladdlllon has the least Impact possible to the visual
and aosthat€cquality of the North Ocean Boufavard Overlay District:,
r;, Projects Requiring a•Ddmalitlon Permit
IV..C.i When ere the eldsgng slruclums Tobe demolished?
IV.C2. When are the proposed slwrlwas to be cdnstrusied7 ( L
IV..C.3. what is the landmark status of the stnrclures to be damdiished7
D. Prefects Requiring a land C€oaring Permll
tV.D.1 Des, 8505E vegdtelive mate€lata of (I Inches in diameter and greater to be North Ocean Mulevard
Overlay DlsIdei:
IV D 2 Describe ft need and Nsflgcal€on for the removalfrelo¢affon:
IV.D.3. idow Is the removal [rum the project site or vegetation to be €rdllgoled;
IVDA, How are IhB
re ainingrdnt
and relocated
and lanae m9l F's fo be protected and preserved during the
land orating and
IV.D 5, What replacement matrdals err proposed?
Applicalioh for DavelopmentApproval, Form ADA32000
Page 4
February 2002
p Prd)ects Requiring aSpoclat Exception,
IV "Ell IS the proposed use a`
porm1Esdspactaie><cepponusa? Yes No Coda Sea=
IUC2 H., Is the use dmi ned, located and re b
WORM, and g P pc�od la his operated so that
the pubric health, safety,
morats wD be pmtecied?
am P-fr-�c �
P�E57 H,�r & �T "�tNANC�S (�N .
1V,F 3, Nrl Ice use cause subsianfial injury l01ha
ba located? I3 yes kNo va€ue of other propariy IR [he neighbmhnnd where It is to
Explain,MEMTE�5 AWE��jl-(������ _
}U.6A. Havrw1 Iho use be co---W--�
is In be #ocalleedT mpai�#a Witt a oGting dave#opmanl and the chamelar of the DIsptct where II
16N OF 41
N•F-5• Mal landscaping and Meaningareprovided?
APPQ LE - ND
bWwo
IV -ES' pori €ire e ca N o
us
laca[ed7 Cl Witt FjI 81reghjatjons governing Iha District whordin it Is to be
Yes �N
�xpfahh. V�"12 L� f�t���Ni' D� NI�Fl tel" W�
t s rr NFb '15 7D 1'Gft TION -T � E14VE mUST t E lS�A� 1 YVi
Tb >9VDI 6A(F'`'OrPTT9 Ey15r7N& PWrrv� f VOID
Non"Residentia# PIP Acts and ResldardW Pre II of Greater flan 2 Units Ift 016E
IV..F.1. ff common armfRrWes are to be provided, daso a Ihom and how they are to be maintafned-
N,1 z 11 recreation fa"flges aro to be pmv'�dsd. deseta them and €heir polenual impacts an surraunding
properties.
[Ul For each of the fofiowhrg, psi ate number provided and Uheirdlmenslons. —
Loading Spaces:
Standard ParlikSDRC
Ismail Carparltg spaces;
Handicapped Parking spasez:
t3rlvatrayslAisles• `-'""""""'—i— ,
Applicaiion fur Development ApprovS Form MA32000 Page 5
�� A r o J e G I s F t A q u i r i n g a S p a c f a l F x n e p f l a n .
� V '