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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 Imaging - View Transaction TOWN OF GULF STREAM OPERATING ACCOUNT 100 SEA ROAD GULF STREAM, FL 33483-7427 (561) 276-5116 PAY **Two hundred forty two and 35/100 Dollars" TO THE ORDER OF Commerce Realty Group, Inc 1.280 WEST NEWPORT CENTER DR. DEERFIELD BEACH, FL 33442 FLAGLER BANK WESTPALM BEACH, FL 33406 7-668-256.3802 63-14961670 APR 0 2 2019 Page 1 of 1 .� 16493 -1 - CHECK DATE, CHECK NO. 3/28/2019 16493 CHECK AMOUNT $-242.35 q �•.��.�- =-�-vim-sa .-�,:�_-�- -� :. -. _ - _ __ 0cy c o gog Yn;7= r _ o y H �9 4 _ N r 1�C7 z g s' i o a my x V E 99 0910646209 a �o > s o� a R� ` z c' �f y ; . F' _ — 2019-04-03 j .n • Y ?P p�pE �§ $„ nne 9«s$p `.D �` j -'c -o y 7• 's �: DC7 1 X g 9 e R d sa'sg -w ` :1 . '. - t r4.5h:Sv :`t t3Ci<�• _. - - F-1 o Ywzt i, `a $ p p F Ti 2'� (• - - - _ v Y< j https://web 13. secureintemetbank.com/IMG_IMG 1151 /1 MG 1151.ashx?Action=ViewTrans... 4/22/2019 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 UP PR O P E R T Y L I N E E A S E M E N T 2 0 ' - 0 " . EX I S T I N G EN T R Y FE A T U R E EX I S T I N G D R I V E W A Y T O RE M A I N NE W P O O L PR I V A T E C A N A L +4 . 0 9 , E X I S T I N G TO P O F SE A W A L L +4 . 9 1 , EX I S T I N G NE W S T A I R FL O O R + 7 . 9 8 GA R A G E + 7 . 1 0 EX I S T I N G 1 & 2 ST O R Y R E S I D E N C E NE W E X P A N D E D PL A T F O R M 1 8 6 . 1 8 ' S . 7 0 I 4 5 ' 0 5 " W . 3 0 .1 6 ' S .7 I 4 3 '3 3 "W. HI D D E N H A R B O U R D R I V E 33 7 . 6 6 ' S. 8 8 I 0 7 ' 2 0 " E . 1 0 1 . 4 2 ' N . 2 8 I 2 9 ' 0 0 " E . 11 5 . 5 0 ' S. 8 8 I 0 7 ' 2 0 " E . 1 8 7 . 7 9 ' N . 1 I 5 2 ' 4 0 " E . NE W EX P A N D E D PL A T F O R M EQ U I P . AR E A AC U N I T S NE W R O O F ST R U C T U R E TR E N C H D R A I N GE N E R A T O R SO L A R P A V E R FL O O R L I G H T I N G BO L L A R D LI G H T I N G SO L A R P A V E R FL O O R L I G H T I N G NE W S T A I R SP A P R O M E N A D E 12'-0" 5 ' - 0 " N O B O A T D O C K I N G B O A T D O C K N O H I G H E R T H A N 5 .5 F T . 7"TOP OF PROMENADEPOOL PLATFORM 6.5 +/-REVISIONS DRAWING NUMBERJOB NUMBERDATEDRAWING TITLEFILE NUMBER DRAWN BYCONSTRUCTIONSEALISSUED FOR :BIDS PERMIT PROJECT TITLE T H I S D O C U M E N T I S T H E P R O P E R T Y O F C U R R I E S O W A R D S A G U I L A A R C H I T E C T S I N C . A L L R I G H T S A R E R E S E R V E D . A N Y P O S S E S S I O N , R E P R O D U C T I O N O R O T H E R U S E O F T H I S D O C U M E N T , W I T H O U T T H E W R I T T E N C O N S E N T O F C U R R I E S O W A R D S A G U I L A A R C H I T E C T S I N C . , I S P R O H I B I T E D . Architecture, Planning,Interiors, & Sustainable Design AA26001584 185 NE 4TH AVENUE SUITE 101 DELRAY BEACH, FL 33483 THESE DRAWINGS ARE PREPARED PER ESTABLISHED INDUSTRY STANDARDS AND REPRESENT THE ARCHITECT AND ENGINEERS DESIGN CONCEPT. THEY ARE NOT INTENDED TO PROVIDE EVERY DETAIL OR CONDITION REQUIRED TO CONSTRUCT THE BUILDING. THE CONTRACTOR THROUGH SUBMITTALS AND OTHER COORDINATION EFFORTS IS FULLY RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL BUILDING WHETHER INDICATED ON THE PLANS OR NOT.T:(561) 276-4951 F:(561) 243-8184 E-MAIL: office@csa-architects.com 10/05/2018 2 / 1 9 / 2 0 1 9 3 : 2 9 : 0 5 P M C:\Users\Jim\Documents\Revit Local Files\Oboyle Resid Dock\120902-OBOYLE-23 HH_Jim.rvt SITE PLAN JC A1.01OBOYLERESIDENCERENOVATION23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA 12090210-5 -2018 PERMIT SET 10/5/2018 SI T E P L A N N 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. SI T E D A T A SI T E A R E A 39 , 2 4 3 S . F . 0. 9 0 A C . EX I S T . W A T E R A R E A 11 , 3 9 4 S . F . 29 . 0 % EX I S T . B U I L D I N G F O O T P R I N T 5, 0 4 8 S . F . 12 . 9 % NE W E X T E R I O R L O G G I A 51 7 S . F . EX I S T . H A R D S C A P E 9, 5 3 9 S . F . 24 . 3 % NE W H A R D S C A P E 11 , 6 0 6 S . F . 29 . 6 % EX I S T . L A N D S C A P E 13 , 2 6 2 S . F . 33 . 8 % NE W L A N D S C A P E 11 , 1 9 5 S . F . 28 . 5 % BU I L D I N G A R E A EX I S T . G R O U N D F L O O R A R E A 5, 0 4 8 S . F . EX I S T . 2 N D F L O O R A R E A 2, 7 1 6 S . F . EX I S T . T O T A L B U I L D I N G A R E A 7, 7 6 4 S . F . 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D E S C R I P T I O N D A T E PO O L P L A T F O R M S T E P D O W N T O P R O M E N A D E 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 �� AroJeGIsFtAquiringaSpacfalFxnepflan. � V'E:. Is the ptoposud use a parrnifLd sparaal excepfjan usa? IV E.2, How 6 the use designed, foaled end YeS Q' Na Code 5edion: Q � j tvet;ar%and moralsw�� b, p reled ? Proposed to be opereled so that the Public health, safely E v[ f GS W113' Wig the use cause subanyal hjoy 10 the value of other ro ' be looaled? I yes a P p art y In the neighborhood where It is to Explah� .(�� (L AwlbW :FNIHA r~Ep WITH t4F1t 44.' p t{rwr w��l the use be eompal��ie with adjeining tlevafo is 10 be located? pment and the Character of Etre Gllstdcl where II rur vel 5 OAKr��- N" IrS. WnatiandsGepingand screening are Provided? NO RANTD JA f ��rb�� ��. �� (��lVs' �6 Roes the use co fo with all applicable n?gulallons ovemfn the D'sidct w healed? Qye��No g 9 herein o is to be t��pialn T 1Ct��rt,.5�� A $ ,1 rr�� rdND�� T ��' ��v`���� �� ���� ���%C�� T��(�� . SCK- S ll'..��`�� Nb C P��c11�� 11 a P4AD 1 bT Cif Nn. F, on ftosldenila) projeGls and ReoidarlQ�� peo��eG�� of Creator than 2 Units �� i f rl t WIj . IV F.1, If common Aram facIIIlies are to be psovidad, describe Ihem and how they are 0 be mainlalned. IV'l II recreation fadliges aro In be provided, desm'be them and Ill potengal hpacts on surrounding properUee. lV ' For each of the foitowlnI list the nu Tiber provided and their dlmansians. Loading spaces: Slandatd pig Spacac: Small Cat paridng Spam: Handicapped Parking spaces: f?dverrayslAlslAe: Appri1lorrforOevetopmanl Approval Form Munn pego 5 "TbWof GuirS[ream All ANCE " 2!" ftMK G.. Projects Requiring a Variance (code Section 66-150 Ihrough 157) , JV,G.1, From what spDaie Zoning Code rogulatlon is avar[ ro requested? l -I UID F EAVE 15 ?.W `r sae LOWNS 11 WDAD PHYSICAWJo -&�LP.16T WITH RISTIN6 F2F 19LO. IV -G2. What does tho Zoning Code require for this specific silo?$F FNjmwly �EATQPE IS wNIT � `rN D` N JC1PT AIJ-hWNt ._6U7- TW VAVE VOLD 9 11'D W `� ISIV.ra ebb Ly. 1V.G,3 What is proposed? fAA �tr -'.18 u . L ,— I Elf 6 DK. WGA What is the total variance requested? $ 11, i$1M 23•L? r i 3 IV G.5. The fol)owing 6 mandolory variance findings from Section 66.154, must oe addrested—ftach additional sheat If necessary.) (1) What specific candWons and dreumslances exist which are peculiar to [ha land, sbuclum,.nr bullding involved and which aro not applibabie to other lands, slructrires, or bulldings in ilia same zoning district? RI'STIN� IEA t M b1N1;_BVILT U1JM WV1bk5 COIF, (2) Did the special condo'€ons and circumstances result from the acllons of the 8PP11 al? Yes D (3) tN01 granru�g Iho variance conies upon the appgcanl�ny special prlv1aga Uralis der by the Zoning Coda to other lands, buldings, or shclures in the same zoning dlsb X; Yes Ido• Explain:J 1F I i r '" 01HOl109AT1 TRIS HDM Ui�l UE (4) Hovt would a ]iteral interpretation of the pmvislons of lheZoning Ordinance depr€ve the applicantol rights commonly enjoyed by other properties In the same zontng dlsWci under the same terms of tics ordinance end work unnecessary and undue hardship on the appiican17 11115 VNfNV60 Cf CANTeE A U.E E-�A (5) tc the Variance raqupstLsd rile minimum variance that mattes possible the reasonable use of the. land, buldlrig or structure Ye No Explain:N M A p kg`ib r I H &99 (6) Wli granting the varlance permit any -prohibited use to be estabrished or re-established: Yes Na (7) is the requested variance conslsteoloals, polies, and ob)aetives of [he future Land Use Nap of the adopted Compreheirslve Pian1 Ya No (6) wits the variance be in harmony with the general intent and MOB of the Toning�in rice and nul be hjudous to the area Involved or oltherviise detrimental to,lhe pubricweltare7 Yes No Explain: I�1j I t� fu _7we, AWLS. —_ Application for DavetopmentApproval, Fo;mADA320g0 Page 6 February 2002 _ �' Fown'ofG0lfSiream VW NN G_ Projects Requiring a Vailance (code section 66-150lhrougt1157) ._ IV,G.1. From what specific Zoning Code re ju€attan is a varianca requesled? — c ti r y\1 W.G.2 Mat does the Toning Code require fof chis specific site? ANT_-'rBACK. - W Rom 11E�F !V '' WT UNE TW rrEFFEETIVE" 0 T URF? 46 ("U VFN T& AND FDAD Aj2 "TN IV,G.l What is proposed? ME SIDE OF TN 15 046E. IV G* What €s the Lalal valiance raquesled? 1 (� { jUC9W041Ai NIf WITH 2' ENCRUIO FENT. IV,G.5, The following 8 mandatory vartance findings from 5eclion 66.154, must be addressed; (Atloch addl6orral sheet if necessary.) (1) What specific condlllone and rdreumslances exist which are pacWar to the land, slruclure,.gr building Involved and which aro not applicable to other (ands, stnrcldras, or buildings In the same xoniag district? 'FRE W NAS NAHM A14b A W 8DW�DWI IN WA5 (2) Did the spacial condilions and cfrcumsiancas rasult from the actions of the applicant? Yes Na (3) Will granting the variance confer upon the opplicaniany special prlvfago that Is deptad by fha Zoning Code (o•olhariands, buildings, or strpclures In the same zoning district? YoNo �r txptain; , i �AN UAB WA`s NA AGI, y n�j>� L �CAT�D- i7vjA r�o�c NfD12Mlr� . (4) Holy would a literal interpretallon of the provisions of the Zoning Ortfinance deprive the applicant of rights commonly enjoyed by other pmperlies in the same zcning district under ins same terms of the ordinanca and work unnecessary and undue hardship an the applicant? TA OM1 UW.K 6 ADI UME?, 3 L (5) is. (he Variance requasipditla minimum variance Thai makes possible 1110 wasonehle use of the land, huildidg or structure? IV No rr Explain: NO OLD DE V I T T WHE 6 7'� 109e DidLD NEW Yt+tiNIM- NRO410815 ffA aD `/- �M PAVf MRA (&) Will granling the variance permit onY,prohlblled use to be eslahllshed Of re,eslobfshsd: Yes (7) Is the requastgd variance cansistant w€t)4*, goals, pafcles, and objectives of the future Land Use (+tap of [he adopted Comprehensive Plan? Y No (6) WIII the variance be in hormony wish tha gensral lalant and purpose of the Zoning(nca and not be Injurious to the area Involved at otherwise datrimental toallara7 'fie. /the pubiie wNO Explaln: I"r V�IILi.RRAN& AHL Application for oevaiopment Approval, Form A©A.320e0 Page G February 2002 -rl4Ek� 15 AN t-415TIN6 Al-Rj JM THAI EXTEI\td5 V ANS RERACED M AN �NMNa M\)t VATMN( 6 ONLY 2 FAom TW FgDP'f fAcj' aF- -14f 4401KbE r. tllYrl} 07 UtUstrealp H. Projadts Requiong Rezoii*ing tV.N t. What is the Futuna Land Use. deslgnauun of (he project bila? WH -2. It The project fnv0lvea a rezoning, Zoning God'e lext change, Future land Use Ma COmpdanf r Pian le"t change, 0r MY Comh'mallon Ihereaf, please doscti6e Lha need and Justircallan for the request PART V. OPTIONAL INFORMATION ihls ""I a tart is oplTanat for all appgcanfs, AppBcants are enadumpad, imt'01 ragjred, to edditiatral raleventtnfomrali0n repardnylhe prgect that teas nbf covered pruvitfc any elsewhere on this fofrrr Aron arryof tfre Olhurmsfeflalssutumled;wr h 06 appfrcalfon AAPOmIlim for Davelopment Appsmral Form ADX20DO revived 6000 I'd9e 7 tW o��J•� n ae scall" n [WK w.:Rm : Hwt '.�.-.Ilml •,'_ a wu r.¢ liur[c. ai hSulw, MF:t�eatw v o':M ��t u 'w 4rzu C,n nlwwis tq Hnut� tete• v [wx Iwww� wy• �++1[rn Y:.. n r�w�n14 1/51/IASl 1gtN ti L , DEVELOPMENT APPROVAL SET 1-15-6p2013 z NE@ �p 6PJ6'�& E EECL•F�•� i] U1 t L , DEVELOPMENT APPROVAL SET 1-15-6p2013 NE@ �p 6PJ6'�& GG F y� p F i " EECL•F�•� i] U1 Z F gy§ n lug mF FFF n P�«FFC 9 2 y Bey tl j�j�_ (� �••'• ... QCC&Q i IpTI pFF § q \ % o � §r m °G`� Q^I` < �'§( / » q %� •/\ � ƒ/d#;:� 27 wG.l�.F! •� � _ QrGlq 2s'1Vn a# » 3gg Ln 5 Lu till d e MOE- � "r � i @O¢lu UOZ-SI-L i3S "IHADdddtl lNgHdOlaAM ti mc�n uoxl�V� vltsroli w T Wt�nfn ��v w..n loin) � i.1t� �1sIM >•t inrin. IssTnn w !i fM ono n �+t�iment vnmwa i,� 'b+11M M i�.w h. 'a. Silli.or .nf- lv'�ts NYu a :.Hipu wt 4 1�}+'xa tn� G �LnjFgF6 v Lu5 R D'SC7T E s-E� rt F yy gg ppp q��" i,J 4 �p Q EIOZ/ST C .135IVAObddV 1N3Wd l3A3a uj CC Lli - h3lxhx' Lf i� e$C�E`6�5 ' i7 =�Fg VO¢U a Ul Q uzi aa' ion ` 6 EoC g M ETOZ-ST-I .13S IVAO'dddV lN3WdOIDA30 Hk atntntr v ^� tt:Ltan +a+• tv��wt Mvu p :tnwS xtti�. M! v.xgr t�l•2w win Sf� nx�o r w�Yewtn m[-.xtta. tr 'SYt]pt M teat n' r t:.l:w[� [na. t[��.t{ 1�t m nt[tnt. Mt v lxYt.Yn + 6 5517370188 Fax l�, 02:15:19 p.m, 07-26-2013 2 122 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (Agreement) is entered into, by and between the parties fisted on Exhibit A in the column tided 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 Wed "CASES" on Exhibit "A" attached hereto (the "Cases"}; and WHEREAS, an 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: 581737096& Fax 02:15:31 p.m. 07-26-2013 3122 1. The Town recognizes that the Plaintiff O'Boyle believes that the Town did not apply a correct interpretation of its Code of Ordinances (the Code) as it pertains to 23 North Hidden Harbour Drive, Gulf Stream, Florida (hereinafL-r 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 alfa, a Level 3 Architectural/81te Plan (the Application) and such other permissions, approvals, interpretations, clarifications and authorizations relating to the Property (the "Approvals") to demolish and construct the Improvements upon the Property as contemplated.. 'The `to -Q -m `t rmpNueri e1,j4 ►r 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, fnciuding, without limitation, the home, or enable O'Boyle or a subsequent purchaser to demolish the Improvements, including, without limitation, the home and construct Improvements, including, without limitation, a new home. Accordingly, in order to resolve the Cases between the Plaintiffs and the Town, the Town agrees that the lot coverage, floor area ratio, Leight, and setback of, inter alfa, the home's entry feature shall be permitted in accordance with the plans submitted with the Application (the "Plans) (which Plans shall be substantially the same as the Plans), which Application and Plans shall be an exhibit to the Development Agreement (the "Development Agreement"). The purpose of the Town's adoption of the Development Agreement is 1 fit PMVEMPAA'"S 4v be- cu. rf"l c feD eh+ Ota ?r'b pe y'�-t . 2 v 5617370168 Fax 02:15:43 p.m 07-26-2013 4122 to permit, inter alia, the floor area ratio, height of the home's entry feature, and front setback in accordance with the interpretation advanced by O'Boyle counsel In the argument portion of O'Boyle's Petition for Writ of Certiorari. The Development Agreement will also recognize that the Property's (including its Improvement's) setbacks will not be measured from the point of measurement currently established in the Code; but will be measured in accordance with the actual Property lines for building purposes among other purposes, It is also the purpose of the Development Agreement to facilitate the Plaintiffs or subsequent owner's demolition, rebuilding or renovation of the Improvements, including, without limitation, the existing home, or the construction of Improvements, including, without limitation, a new home. The Development Agreement shall be substantially in the form provided for in Section 163.3220, Pia. 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 5617370166 Fax 02:15:55 p m 07-26-2013 5122 the Property as set forth in the Application; and such ether 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 limitatlon, 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 $180,000.00, in readily available funds by Federal Wire Transfer pursuant to Wire Transfer Instructions as designated by O'Boyle, which wire instructions are attached as Exhibit C. T, Upon execution of this Agreement, the Town agrees that O'Boyle can proceed to improve the Property In accordance with the Application and to promptly provide O'Boyle with such Approvals as necessary. 8. Upon the execution of this Agreement, the Plaintiffs shall dismiss with prejudice the Cases. 8. Upon execution of the Agreement, O'Boyle shall promptly (a) remove all signs from the Property other than approved address signs, and (b) within twenty days 4 5617370188 Fax 02:16:07 p m. 07-26-2013 6122 remove all murals on the exterior of his home and return the color of the paint on the home to the color that existed previously. 10. Plaintiffs agree that upon execution of this Agreement, all pending public record requests made to the Town shall be deemed withdrawn. 11. In the event any of the Plaintiffs or the Town are required to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney fees through the appellate level. 12. RELEASES (A) The Plaintiffs Release of the Town. On the Effective Date , the Plaintiffs shall execute and deliver a general release In favor of the Town, which release is attached as Exhibit "Di" 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 "D2" attached hereto (the "Plaintiffs Release"). 13 Rel2resentations and Warranties of the Plaintiffs. Each of the Plaintiffs represents and warrants to the Town as follows: 5 56 7370188 Fax 02:16;15 p m. 07-26-2013 7/22 (a) that the representing Plaintiff has not sold, assigned, transferred or otherwise disposed of any claims that any of the Plaintiffs had against the Town before the Effective nate; (b) that the Plaintiifs each represent that they have the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement as they apply to such Plaintiff; and (c) this Agreement has been duly and validly executed and delivered by the Plaintiffs and constitutes a legal, valid and binding obligation, enforceable against the Plaintiffs in accordance with its terms. 14.. Representations and Warranties of Town. The Town represents and warrants to each of the Plaintiffs as follows: (a) that the Town has not sold, assigned, transferred or otherwise disposer] of any claims that the Town had, before the Effective Date against all or any of the Plaintiffs; 9 5517370186 Fax 02:16:25 p m. 07-26-2013 6122 (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 (e) this Agreement has been duly and validly executed and delivered by the Town and constitutes a legal, valid and minding 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 fining which is within the scope of the Town Release, as attached as Q1. (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 132. 16. Continuation and Survivabili of Re resentations Warratnties and Covenants. The representations, warranties and covenants contained in this 7 567370188 fax 02:16:34 p m 07-26-2013 9122 Agreement shall survive the consummation of the transactions provided for in this Agreement 17. Indemnification. The Plaintiffs, jointly and severally, agree to defend, indemnify and hold the Town harmless from and against and in respect of any and all claims, suits, losses, liabilities, taxes, damages, deficiencies and expenses (including reasonable attomeys' fees) of any kind or nature (collectively, "Town Clairns' 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. @ndemnificaflon. 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 attomeys' fees) of any kind or nature (collectively, the "Plaintiffs's Claims") which any of the Plaintiffs may suffer, sustain or become subject to by reason of, arising out of, or in connection with: (a) the inaccuracy or breach of any of the representations and warranties of the Town set forth in this Agreement; and (b) the breach by the Town of any provision, covenant or agreement contained in this Agreement or any document, instrument or agreement contemplated hereby.. 0 5617370189 Fax 02:76:45 p.m- 07-25-2013 10122 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 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 andfor the Town Release. 21. Further Coo g do . 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. 5 ecific 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 9 5617370188 Fax 02:18:57 p.m, 07--26-2018 11!22 parties therefore, agree and consent that the remedy of specific performance should be granted in any proceeding which may be brought to enforce any party's obligations under this Agreement without the necessity of proof that such party's remedy at taw is inadequate, Such equitable relief shall not be the aggrieved party's sole remedy but shall be in addition to all other remedies available in law or equity. 23. Voluntary Execution of Agreement Each of the parties affirms that they are represented by counsel in this matter, that they have read and fully understand all of the terms of this Agreement, and that they are entering into this Agreement voluntarily without having been threatened, coerced or intimidated into the signing of this Agreement It is further agreed that no provision of this Agreement shall be construed presumptively against any party hereto. 24. Headings. The headings and sub -headings contained In the titles of this Agreement are for convenience only and shall not be interpreted to limit or alter any of the provisions of this Agreement. 25, Governing Law. This Agreement shall be deemed to have been made, executed, and delivered in the State of Florida and shall be construed in accordance with the laws of the State of Florida. 10 56/7370166 Fax 02:17:07 p m 07-26-2013 12/22 26. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. No party hereto may assign its rights or delegate its obligations under this Agreement without the express prier written consent of the other parties hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, other than the parties and their respective heirs, successors and assigns, any remedy or claim under or by reason of this Agreement or any terms, covenants or conditions hereof. All the terms, covenants, conditions, promises and agreements contained in this Agreement shall be for the sole and exclusive benefit of the parties and their respective heirs, successors and assigns. 27. Notices. All notices, requests and demands to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made: if delivered in person, immediately upon such in person delivery; if by nationally recognized overnight courier service with instructions to deliver the next business day, upon delivery to the receiving party; and if by registered or certified mail, return receipt requested, upon delivery to the receiving party. All notices, requests and demands upon the parties are to be given to the following addresses (or to such other address as any party may designate by notice in accordance with this Section): 11 56173701B8 Fax 02:17:19 p,m. 07-26-2018 13122 �ta-fh6 Tannin_: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Facsimile: 561-737-0188 Vllith a.cy to. Jones Foster Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 John C. Randolph, Esquire Facsimile: 561-650-0465 If to any of the Plaintiffs: Martin E. O'Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 With a copy to: William F. Ring, Jr., Esquire Commerce Group, Inc. 1286 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 28. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs or photocopies of this Agreement with all signatures reproduced shall be considered, for all purposes, as if it were an executed original counterpart of this Agreement. 12 5617370188 Fax 02:17:29 p.m. 07-26-2013 14/22 29. Entire A regiment 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 5617370188 Pax 02:17:39 p.m. 07--26--2013 agreements, or any part thereof, O'Boyle and the Town agree that they shall each use their best efforts to vigorously defend any such actions. 34. APD]OgV. The Town recognizes the stress and strife that the O'Boyle family has endured as a result of the Town's conduct. The Town recognizes that the O'Boyle home has a value well in excess of $1,000,000, but is uninsurable against wind because of the non-existence of proper protection, which would have been part of the Improvements installed by O'Boyle had the Town not initially denied the Applicatlon. 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 andior size of Improvements are less than the scope and size of the improvements which could have been constructed on the Property on the date when the permits for the existing Improvements (including, without limitation, the home on the Property was originally issued, which date was approximately 1981. Notwithstanding the provisions of this Paragraph 35, O'Boyle shall not construct a home (or retrofit the existing home) on the Property so that it is more than two stories. 14 15/22 5617370166 Fax 02:17:52 p.m. 07--26-2013 16122 35, 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. .. w Commerce Group, Inc. Mart' O'Boyle, President By: N984AC Caravan, LLC Maqfn E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member p:Wc)ms 1314nOODl31docki gr6737.doa 15 56173701BB Fax 02;16;01 p.m 07-26-2013 17122 EXHIBIT seer CASE NO, 1& Judicial -Circuit Palm Beach County, Florida PARTIES SUBJECT 502013CA006750XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #332 502013CA008125XXXXMBAH Commerce Groin, Inc. vs Town of Gulf Stream PR #000 502013CA00BB09XXX,XMBAA N984AC Caravan LLC vs Town of Gulf Stream PR 9343 502013CA008701XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #340 502013CA008594XXXXMBAG Airline Highway LLC vs Town of Gulf Stream PR #341 502013CA008452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR 0336 502013CA00891 9XXXXM BAD N984AC Caravan LLC vs Town of Gulf Stream PR #351 502013CA01 1 120XXXXM BAD Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013CA011122XXXXMBAI Martin E. ©'Boyle vs Town of Gulf Stream PR Signage 502013CA011411 XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR #407 502013CA011416XXXXMBAO Martin E. O'Boyle vs Town of Guff Stream PR #408 502013CA011417XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR m 409 602013CA011421XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #410 502013CA011423XXXXMBAD Martin E, O'Boyle vs Town of Gulf Stream PP -941l 502013CA011424XXXXMBAE Martin E. O'Boyle vs Town of Gulf Stream PR #412 502013CA0063BBXXXXMBAY Martin E, O'Boyle vs Town of Gulf Stream Certiorari US District Court Southern District of Florida 13 -CIV -80530 Middlebrooks/Brannon Martin E. O'Boyle vs Town of Gulf Stream injunction Declaratory Jud meat p.Mow113147100DIN CMggl753,docx 5617370166 Fax 7.onfng TO" Of Gulf Stream TOO SCM -Road C'WE5tnMM. FL 33483 02:18:14 p.m. 07-26-2013 Axl�io A73 r' CpI3E'bWop-aME 1' SPPCI. L MAGI5TRAM nm (501) 7 TOYM OF amp STREAM, ii ,0MA � Qi SE NO. CM ., 5-1 STATEMENT OF VIOLATION AND NOTICE OF �G Fnfstfant to sectlan 2-75 of ilre Town nFGuifStrcarrt Gale of Clydinancc, the uadersigxsed he, gye; AntiCO of uncorrected violatian(s) of the Town of Calf Sb YA Cade(s) mate partieuler c eri6ed herein, and requests a PiIHLIC; bc%re the C{3D' MAGMTRATE of the Town. ) ORC�,IENiI CLU 1• I.ocakionlAddress whore vialafinu(s) gdsf(s); 2.3 � hp� 2. LgaMescriptian: lot 5- � iiarbmw Estates 3. Name and address ofawnarlperaon io ehnrga where violu6on(a) cxist(s): M=tin 4. Moitrtion of Town Coda Sxtiun(r) and desctiptionQ Sec. 66446 p=hibit:s any sighs not meted as Se-__ 70-106 (b) (3) Usl,l is approved cal = ias Spa 3sr-Lxt (ra- wal i, colors � a ievd 1 Arrht cbmgr.%. (SITE ATTACHM 11WMML10 Ulf VIOLATION") S. Data of FastImpection: 1 FMMd 'not ids an 5_1-23. Refused to accept hand dp_ vared , 5-1-13 6. Dote ownerfusitwtided ofviolatioa(s): Accepted uot3ce at Tcm Hail, on 5_g 31 7. Dat©a Was Avea 48 'i 0=H uix%ch was 3, 2013 Mry, whichviolatians are to be corrected: drstrua. swt3.ce be refase8 but. s via Elm. II41i'ORTAPITI+lOT7CE******+*+**+*or***+r*a I � j lJnless On violator correoto the violadaa(a) desen'bed heroinby the date act iarth ab CONTACTS TEE UND1E2rSIG1 D CODE INSPECTOR AT S6].242 fi 5-- 1 _ COMPLIANCE With the Town Code(;) cited haroin, NOTICE 13 y 'AAZr A P�vrri ZZC I_MA t a WIC BE CONI M -M .for the above rate eaead pmpdrty bmf rethe Tei Stream Code Eaforceruent Special Magistrate on 6..4-13f (3d .. as the arse can be beard 1n the Town Hall Gammissian ChMnhcr Stream; Florida local d at 100Sea ad G Wf YOU ARE RE..` . QUMD TO AT'1'$AR BEFORE TTiE s�i3CIAL MAGISTRATE ansat � t' wer 6CEtions that yon have violated the, ftvc cited sections pf the Code of Otsaln'riu t� " Tow4 of Clulf Stream. IF YOU.RATE IL To ATND, this Spoelal Magistrate may base iindin solely upon Presentation bytm Tawe Ludt Iapectar t r ps r 4 WiUiarn IT: T'�rrashat; awa Manager Town of isulfStream 18122 r -d ars 5 aide direfig- Ca N l ;ed. Ttjis M61: luted. meats stxuctalr S colors Plan Remi c is a these 3 (SITE ATTACHM 11WMML10 Ulf VIOLATION") S. Data of FastImpection: 1 FMMd 'not ids an 5_1-23. Refused to accept hand dp_ vared , 5-1-13 6. Dote ownerfusitwtided ofviolatioa(s): Accepted uot3ce at Tcm Hail, on 5_g 31 7. Dat©a Was Avea 48 'i 0=H uix%ch was 3, 2013 Mry, whichviolatians are to be corrected: drstrua. swt3.ce be refase8 but. s via Elm. II41i'ORTAPITI+lOT7CE******+*+**+*or***+r*a I � j lJnless On violator correoto the violadaa(a) desen'bed heroinby the date act iarth ab CONTACTS TEE UND1E2rSIG1 D CODE INSPECTOR AT S6].242 fi 5-- 1 _ COMPLIANCE With the Town Code(;) cited haroin, NOTICE 13 y 'AAZr A P�vrri ZZC I_MA t a WIC BE CONI M -M .for the above rate eaead pmpdrty bmf rethe Tei Stream Code Eaforceruent Special Magistrate on 6..4-13f (3d .. as the arse can be beard 1n the Town Hall Gammissian ChMnhcr Stream; Florida local d at 100Sea ad G Wf YOU ARE RE..` . QUMD TO AT'1'$AR BEFORE TTiE s�i3CIAL MAGISTRATE ansat � t' wer 6CEtions that yon have violated the, ftvc cited sections pf the Code of Otsaln'riu t� " Tow4 of Clulf Stream. IF YOU.RATE IL To ATND, this Spoelal Magistrate may base iindin solely upon Presentation bytm Tawe Ludt Iapectar t r ps r 4 WiUiarn IT: T'�rrashat; awa Manager Town of isulfStream 18122 5517370188 Fax 02:18,32 p.m. 07-26-2013 19122 YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561)276-5116 ON OR BPC RR ?tL33 THAT Tl PAEtC1±i, OF FtI:AI. PROPERTY gWI+TEEI �i' DPS EMD iN 7HIS NDTiC319 NO LONMR 1N VIOLATION U AND OF TOWN CODESYOU ARE REQUESTING REINSnCTION, 7E AT IF TBE VIOLATIONS) IWAIM NOT CORIt cIED IN THE T&M SPE WRPLECT'ION, OR IF TTIE VIOLA=10) WARE CORRECTED AND THEN RE CASE MAY BE PMEMM TO FOR Tim THE SPECIAL MAGISTRATE i3vHl'I IP' TRE VIOL "AVr I'EW COItIiECTIK) PRIOR, TO THE SPEC wb MAGISTRATE? HEARING. CODE ENFORCEMENT SSPEETOWN 0 M, I r WILL $E P.RE w ..PI CIAL MAAGISMAT� HAA _ . BY THE TSE PARCEL OF REAL DESCRIH}3iD HEREN AND OWNRtD By YOU CON TAMES T O BE IN VIOLATION, P 1s�tTY If this Special Magistr to &IS that you have oumnatted a violation, he/she may ander CCIMPLIANtTE with the Code and If you fsil to comply with such I,q TE order within the liras, forth thccnin, he/she can IMPOSE A F.tl �E OF UP T'0 $ZO-00 PER DAY far Ia erigd oat non-mrapliance. each violation g If the Tgwu is successful in prosecuting yotu• ease barons the Special Magistrate, I,RgR$ WILL BE RODSM BY TIM SPECIAL MAOMPATE SUCH FWSS SHALL CONSTTTUM-A LMj ON ANY RE1 OR PERSONAL P3tOPERTy OWNED BY YOU. FAILURE TO PAY S1 E EI MM CAN RMULT IN FORECIASM AND CCDLLEC ION ACl'ION BY TMTOWN. If you distxgran with a decision ofthe Special Magiatrate, you may appeal to tht CiRC%lt*r C UItT OF PALMBEACH COUNTY within 30.I?AYS alter the Special Magls4ate's 0rderls entered, If'you wish to have the Spt:eial Magistrals RECONSIDER. your case for any reason or if you cess vras in fuze and is now m, compliance and you wish to request a RMUCMQN IN A Im APPLICATTION AND TBB APPROPRIATE FEE MUST BE SUHMMBD TO THE T WN OF GULF STE.EIAM .FOR ANY SUCH REQUPSTS. ALL REgURRMt `S FOR SUCH MUS'li `BE MB i` FOR TiTE ,MCIAL MAGISMTE TO i ECoNsmER Y0[ift CASE. QUISi Iia peman decides to appeal any decision made by the Special Nbgistmte with respect to y matt= cans dercd of stabject meeting, they tvRl need o record of the preaeedings, anti - foie such p ese, they tnay treed to ensure that a verbatim retard of the pmcftdiags is made, upon which h.ppreoincludes testimony and evidence upou 'vvhich appeal is tri be based (FS Z86.C1105) i'I RM GOVERN YOURSKF ACCORDWGLY, B3" Tota L Taylor, Town qrk Town of Gulfstream 100 Sea Road GuIf Stream YL 33463 .(561) 276-5116 5617370188 Fax 02:18:48 P -m. 07-26-2013 20/22 Wiring 1h9tructions: 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 5617370188 Fax 02:18:54 p m 07-26-2013 21122 Exhibit "D1" RELEASE This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given by the Plaintiff;; (collectively the "Releasors") to the Town of Gulf Stream and its employees and elected and appointed officials (collectively referred to herein as the "Releasees"j. In consideration. of Ten Dollars ($10.00) and for and other goad 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, dries, 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 Releasers 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 finis 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 VUfNESS WHEREOF, the undersigned have executed this Release as ofthe day and date first WrIttQqabove. M. E. O'Boyle By: , Commerce Group, Inc. E. O'Boyle, President By: N AC Caravan, LLC NI E. O'Boyle, Member By: _ Airline HEghway, ILC Martin E. O'Boyle Managing Member 5617370166 Fax 02:19:09 p.m. 07-26-2013 22122 Exhibit "132" RELEASE This Release, made as of July 26, 2013, is executed this 26th clay of July, 2013, is given by the Town. of Cuff Stream on behalf of itselt its employees and its elected and appointed officials (collectively the "Releasors'j to the PlainfiTs (collectively referred to herein as the "Releasees"). In consideration of Ten .Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, scams 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 fintherance 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 oftbe 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 WANES S REOF, the undersigned have executed this Release as of the day and date first written aboI go, Hal Iw5H:5� i I=� e�S�xw Ci 8 C7 "� a c :' I s --- _ `� Q� u — — — — I� ti .a.*�.rr..arrawa uMl .Ir7d xnaBaru x t 107 1 0 7Oj CU 44 R � F ! 6 y � Ni! o PI I a Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney 561-650-0498 Fax: 561-650-5300 joconnor@jonesfoster.com May 6, 2019 By E-mail (ejames@elainejohnsonjames.com) Elaine Johnson James, Esquire Elaine Johnson James, P.A. P.O. Box 31512 Palm Beach Gardens, FL 33420-1512 Re: Proposed Dock at 23 N. Hidden Harbour Drive Dear Elaine: Please allow this correspondence to summarize what the Town understands Mr. O’Boyle proposes relative to construction of a dock at his residence at 23 North Hidden Harbour Drive and at least some of the reasons why the proposed dock is not permitted. This correspondence is without prejudice to the Town’s right to assert additional grounds to deny a proposed dock of the size and scope it understands Mr. O’Boyle is contemplating. BACKGROUND The 2013 Application, Settlement and Development Agreement. In early 2013, Mr. O’Boyle applied for development approval seeking permission to construct a new front entry feature to his home at 23 North Hidden Harbour Drive, which was built in 1983 (“the Residence”). The Town Manager determined that four (4) variances would be required. The Town Commission as Board of Adjustment conducted a quasi-judicial proceeding and sustained the Town Manager’s determination that 4 variances were required, only one of which was granted. O’Boyle appealed the Town Commission’s final order While the dispute over the dock was pending, from February 2013 to July 2013, Mr. O’Boyle served hundreds (approx. 400) of public records requests on the Town. From April to July 2013, he filed approximately 16 public records lawsuits arising out of these requests against the Town. In July 2013, the Town entered into a Settlement Agreement with Mr. O’Boyle, agreeing to pay him $180,000 and to enter into a Development Agreement. The Town “agree\[d\] that the Elaine Johnson James, Esquire May 6, 2019 Page 2 the home’s entry feature lot coverage, floor area ratio, height, and setback of, inter alia, shall be permitted in accordance with the plans submitted with the Application.” (Settlement Agmt. ¶ 2). In September 2013, the parties entered into the referenced Development Agreement. The Town agreed to the development O’Boyle sought, namely in accordance with the Application and pertinent to the height of the home’s entry feature and the measurement of the front setback to the property. (Dev. Agmt. ¶ 9). The Proposed Dock and the Town’s Code. As the Town understands it, Mr. O’Boyle proposes to construct a dock 12 feet wide and extending the entire length of his property (from the east property line to the west property line). The Town has regulated docks in its Code of Ordinances since 1991. The current Gulf Stream Town Code regulates Docks in Article VIII – Supplemental District Regulations, Division 2 – Accessory Structures and Recreational Facilities, Section 66-369 – Docks. The proposed dock at the Residence violates at least two parts of Section 66-369: No dock shall exceed five feet in width 1.Subsection (6) b, which reads “” and 2.Subsection (6) e, which creates a ‘docking zone’ and which, relevant to the proposed dock at the residence, reads, “For lots with designated water frontage greater than or a 15-foot minimum offset equal to 100 feet, the docking zone shall have from the minimum of setback centerlines on each side with the total setback distance being a 30 percent of the designated water frontage.” (emphasis added). THE DISPUTE Mr. O’Boyle’s Position In previous communications, Mr. Ring suggested that the dock is permitted (along with any other future improvements to his property) because the 2013 Settlement Agreement references the Town Code as it was in place in 1981 and section 66-369 was not in effect at that time. In support of this position, Mr. Ring references a reservation of rights clause in paragraph 35 of the Settlement Agreement, which reads: 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 Elaine Johnson James, Esquire May 6, 2019 Page 3 improvements which may be constructed on the Property, to the extent that the scope and/or size of the 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. The Town’s Position The 2013 Agreements Were Limited by the Building Envelope, Which Did Not Include the Water: The improvements provided for in the 2013 Agreements were plainly limited to the area of Mr. O’Boyle’s property that was intended for development, i.e., the “Building Envelope” as defined in the 2013 Agreements and reflected on the crosshatched area of Exhibit C to the Development Agreement. That Building Envelope did not include -- and expressly excluded – any structures appurtenant to the water such as a dock. Specifically, the reservation of rights provision in paragraph 35 of the Settlement Agreement relates to that portion of Mr. O’Boyle’s property which was in dispute, intended for development in 2013, defined as the Building Envelope, and designated as the crosshatched area on the Exhibit C Survey to the Development Agreement. Thus, paragraph 36 of the Settlement Agreement provides as follows: Building Envelope 36. . 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 between the construction of improvements within the area intercoastal waterway, the private roads, and the common property line to the west. (emphasis added) The Building Envelope as described in the 2103 Settlement Agreement was clearly marked as between contemplated as “the area the intercoastal waterway, the private roads, and the common property line to the west” in the Development Agreement. The Development Agreement then references the Building Envelope at paragraph 19 and states: Elaine Johnson James, Esquire May 6, 2019 Page 4 Building Envelope . Attached hereto and incorporated herein as which Survey provides a Exhibit C, is a copy of a Survey, Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O’Boyle (including his heirs, may construct Improvements in the successors, and assigns) Building Envelope ; provide, however, O’Boyle cannot construct any Improvements within 10’ of the west property line without the approval of the Town. (Emphasis added in bold italics) The Development Agreement incorporates as Exhibit C a Survey, which describes the Building Envelope as the “crosshatched” area. The crosshatched area does not include the water, which is separately referenced. Exhibit C further explains that: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water” provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated “Water” remains water… The Intent of the Parties is Reflected in Minutes of the Meeting Held to Approve the Development Agreement: The clear intent of the parties to restrict the scope of the 2013 Agreements to the Improvements at issue by the Application and Approvals and located on that area of the property defined as the Building Envelope, not to include the water, was confirmed during discussions at a special public meeting of the Town Commission held to approve the Development Agreement on September 17, 2013. At that meeting, the Town Commission was advised that the Exhibit C language, which had been added and agreed to by O’Boyle (…“provided that such Water Structures are approved by the Town of Gulf Stream”), meant that the Town would follow the Town Code Section 66-369 in terms of docks and that anything placed in the water would have to conform to the Town Code. Indeed, counsel for the Town explained that the aforementioned language in Exhibit C had been revised precisely in order to ensure that Section 66-369 governing Docks was followed. TCScovered this meeting, and noted that the Town Commission had HE OASTAL TAR “Approved unanimously a development agreement with resident Martin O’Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed except for dock and canal structures in 1981 .”http://thecoastalstar.com/profiles/blogs/gulf- stream-balking-at-price-town-drops-light-pole-purchase (emphasis added). Elaine Johnson James, Esquire May 6, 2019 Page 5 CONCLUSION It is the Town’s position that any improvements contemplated by Mr. O’Boyle in the form of docks or other Water Structures are plainly subject to the current Town Code, including its restrictions on Docks. The Town Code prohibits the dock as proposed. The size of the proposed dock also carries the real potential of restricting the abutting property owners’ use and enjoyment of their property and thereby expose the Town to additional litigation for infringing on those rights. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. By Joanne M. O'Connor JMO:mtm Enclosures 2013 Settlement Agreement 2013 Development Agreement \\\\jfjspl2\\apps\\Docs\\13147\\00060\\LTR\\1UY4163.DOCX Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney 561-650-0498 Fax: 561-650-5300 joconnor@jonesfoster.com May 6, 2019 By E-mail (ejames@elainejohnsonjames.com) Elaine Johnson James, Esquire Elaine Johnson James, P.A. P.O. Box 31512 Palm Beach Gardens, FL 33420-1512 Re: Proposed Dock at 23 N. Hidden Harbour Drive Dear Elaine: Please allow this correspondence to summarize what the Town understands Mr. O’Boyle proposes relative to construction of a dock at his residence at 23 North Hidden Harbour Drive and at least some of the reasons why the proposed dock is not permitted. This correspondence is without prejudice to the Town’s right to assert additional grounds to deny a proposed dock of the size and scope it understands Mr. O’Boyle is contemplating. BACKGROUND The 2013 Application, Settlement and Development Agreement. In early 2013, Mr. O’Boyle applied for development approval seeking permission to construct a new front entry feature to his home at 23 North Hidden Harbour Drive, which was built in 1983 (“the Residence”). The Town Manager determined that four (4) variances would be required. The Town Commission as Board of Adjustment conducted a quasi-judicial proceeding and sustained the Town Manager’s determination that 4 variances were required, only one of which was granted. O’Boyle appealed the Town Commission’s final order While the dispute over the dock was pending, from February 2013 to July 2013, Mr. O’Boyle served hundreds (approx. 400) of public records requests on the Town. From April to July 2013, he filed approximately 16 public records lawsuits arising out of these requests against the Town. In July 2013, the Town entered into a Settlement Agreement with Mr. O’Boyle, agreeing to pay him $180,000 and to enter into a Development Agreement. The Town “agree\[d\] that the Elaine Johnson James, Esquire May 6, 2019 Page 2 the home’s entry feature lot coverage, floor area ratio, height, and setback of, inter alia, shall be permitted in accordance with the plans submitted with the Application.” (Settlement Agmt. ¶ 2). In September 2013, the parties entered into the referenced Development Agreement. The Town agreed to the development O’Boyle sought, namely in accordance with the Application and pertinent to the height of the home’s entry feature and the measurement of the front setback to the property. (Dev. Agmt. ¶ 9). The Proposed Dock and the Town’s Code. As the Town understands it, Mr. O’Boyle proposes to construct a dock 12 feet wide and extending the entire length of his property (from the east property line to the west property line). The Town has regulated docks in its Code of Ordinances since 1991. The current Gulf Stream Town Code regulates Docks in Article VIII – Supplemental District Regulations, Division 2 – Accessory Structures and Recreational Facilities, Section 66-369 – Docks. The proposed dock at the Residence violates at least two parts of Section 66-369: No dock shall exceed five feet in width 1.Subsection (6) b, which reads “” and 2.Subsection (6) e, which creates a ‘docking zone’ and which, relevant to the proposed dock at the residence, reads, “For lots with designated water frontage greater than or a 15-foot minimum offset equal to 100 feet, the docking zone shall have from the minimum of setback centerlines on each side with the total setback distance being a 30 percent of the designated water frontage.” (emphasis added). THE DISPUTE Mr. O’Boyle’s Position In previous communications, Mr. Ring suggested that the dock is permitted (along with any other future improvements to his property) because the 2013 Settlement Agreement references the Town Code as it was in place in 1981 and section 66-369 was not in effect at that time. In support of this position, Mr. Ring references a reservation of rights clause in paragraph 35 of the Settlement Agreement, which reads: 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 Elaine Johnson James, Esquire May 6, 2019 Page 3 improvements which may be constructed on the Property, to the extent that the scope and/or size of the 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. The Town’s Position The 2013 Agreements Were Limited by the Building Envelope, Which Did Not Include the Water: The improvements provided for in the 2013 Agreements were plainly limited to the area of Mr. O’Boyle’s property that was intended for development, i.e., the “Building Envelope” as defined in the 2013 Agreements and reflected on the crosshatched area of Exhibit C to the Development Agreement. That Building Envelope did not include -- and expressly excluded – any structures appurtenant to the water such as a dock. Specifically, the reservation of rights provision in paragraph 35 of the Settlement Agreement relates to that portion of Mr. O’Boyle’s property which was in dispute, intended for development in 2013, defined as the Building Envelope, and designated as the crosshatched area on the Exhibit C Survey to the Development Agreement. Thus, paragraph 36 of the Settlement Agreement provides as follows: Building Envelope 36. . 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 between the construction of improvements within the area intercoastal waterway, the private roads, and the common property line to the west. (emphasis added) The Building Envelope as described in the 2103 Settlement Agreement was clearly marked as between contemplated as “the area the intercoastal waterway, the private roads, and the common property line to the west” in the Development Agreement. The Development Agreement then references the Building Envelope at paragraph 19 and states: Elaine Johnson James, Esquire May 6, 2019 Page 4 Building Envelope . Attached hereto and incorporated herein as which Survey provides a Exhibit C, is a copy of a Survey, Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O’Boyle (including his heirs, may construct Improvements in the successors, and assigns) Building Envelope ; provide, however, O’Boyle cannot construct any Improvements within 10’ of the west property line without the approval of the Town. (Emphasis added in bold italics) The Development Agreement incorporates as Exhibit C a Survey, which describes the Building Envelope as the “crosshatched” area. The crosshatched area does not include the water, which is separately referenced. Exhibit C further explains that: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water” provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated “Water” remains water… The Intent of the Parties is Reflected in Minutes of the Meeting Held to Approve the Development Agreement: The clear intent of the parties to restrict the scope of the 2013 Agreements to the Improvements at issue by the Application and Approvals and located on that area of the property defined as the Building Envelope, not to include the water, was confirmed during discussions at a special public meeting of the Town Commission held to approve the Development Agreement on September 17, 2013. At that meeting, the Town Commission was advised that the Exhibit C language, which had been added and agreed to by O’Boyle (…“provided that such Water Structures are approved by the Town of Gulf Stream”), meant that the Town would follow the Town Code Section 66-369 in terms of docks and that anything placed in the water would have to conform to the Town Code. Indeed, counsel for the Town explained that the aforementioned language in Exhibit C had been revised precisely in order to ensure that Section 66-369 governing Docks was followed. TCScovered this meeting, and noted that the Town Commission had HE OASTAL TAR “Approved unanimously a development agreement with resident Martin O’Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed except for dock and canal structures in 1981 .”http://thecoastalstar.com/profiles/blogs/gulf- stream-balking-at-price-town-drops-light-pole-purchase (emphasis added). Elaine Johnson James, Esquire May 6, 2019 Page 5 CONCLUSION It is the Town’s position that any improvements contemplated by Mr. O’Boyle in the form of docks or other Water Structures are plainly subject to the current Town Code, including its restrictions on Docks. The Town Code prohibits the dock as proposed. The size of the proposed dock also carries the real potential of restricting the abutting property owners’ use and enjoyment of their property and thereby expose the Town to additional litigation for infringing on those rights. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. By Joanne M. O'Connor JMO:mtm Enclosures 2013 Settlement Agreement 2013 Development Agreement \\\\jfjspl2\\apps\\Docs\\13147\\00060\\LTR\\1UY4163.DOCX JONESFOSTER JWINSTON &STUBBS, P.A. Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney 561-650-0498 Fax: 561-650-5300 joconnor@jonesfoster.com May 25, 2018 By E-mail(eiames(a,elaine.iohnsoniames.com) Elaine Johnson James, Esquire Elaine Johnson James, P.A. P.O. Box 31512 Palm Beach Gardens, FL 33420-1512 Re: Proposed Dock at 23 N. Hidden Harbour Drive Dear Elaine: Please allow this correspondence to summarize what the Town understands Ml. O'Boyle proposes relative to construction of a dock at his residence at 23 North Hidden Harbour Drive and at least some of the reasons why the proposed dock is not permitted. This correspondence is without prejudice to the Town's right to assert additional grounds to deny a proposed dock of the size and scope it understands Mr. O'Boyle is contemplating. BACKGROUND The 2013 Application, Settlement and Development Agreement. In early 2013, Mr. O'Boyle applied for development approval seeking permission to construct a new front entry feature to his home at 23 North Hidden Harbour Drive, which was built in 1983 ("the Residence"). The Town Manager determined that four (4) variances would be required. The Town Commission as Board of Adjustment conducted a quasi-judicial proceeding and sustained the Town Manager's determination that 4 variances were required, only one of which was granted. O'Boyle appealed the Town Commission's final order While the dispute over the dock was pending, from February 2013 to July 2013, Mr. O'Boyle served hundreds (approx. 400) of public records requests on the Town. From April to July 2013, he filed approximately 16 public records lawsuits arising out of these requests against the Town. In July 2013, the Town entered into a Settlement Agreement with Mr. O'Boyle, agreeing to pay him $180,000 and to enter into a Development Agreement. The Town "agree[d] that the Since 1924 I West Palm Beach I Jupiter I Palm Beach Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 www.jonesfoster.com Elaine Johnson James, Esquire May 25, 2018 Page 2 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." (Settlement Agmt. ¶ 2). In September 2013, the parties entered into the referenced Development Agreement. The Town agreed to the development O'Boyle sought, namely in accordance with the Application and pertinent to the height of the home's entry feature and the measurement of the front setback to the property. (Dev. Agmt. ¶ 9). The Proposed Dock and the Town's Code. As the Town understands it, Mr. O'Boyle proposes to construct a dock 12 feet wide and extending the entire length of his property (from the east property line to the west property line). The Town has regulated docks in its Code of Ordinances since 1991. The current Gulf Stream Town Code regulates Docks in Article VIII — Supplemental District Regulations, Division 2 — Accessory Structures and Recreational Facilities, Section 66-369 — Docks. The proposed dock at the Residence violates at least two parts of Section 66-369: 1. Subsection (6) b, which reads "No dock shall exceed five feet in width" and 2. Subsection (6) e, which creates a `docking zone' and which, relevant to the proposed dock at the residence, reads, "For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15 -foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage." (emphasis added). THE DISPUTE Mr. O'Boyle's Position In previous communications, Mr. Ring suggested that the dock is permitted (along with any other future improvements to his property) because the 2013 Settlement Agreement references the Town Code as it was in place in 1981 and section 66-369 was not in effect at that time. In support of this position, Mr. Ring references a reservation of rights clause in paragraph 35 of the Settlement Agreement, which reads: 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 Elaine Johnson James, Esquire May 25, 2018 Page 3 improvements which may be constructed on the Property, to the extent that the scope and/or size of the 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. The Town's Position The 2013 Agreements Were Limited by the Building Envelope, Which Did Not Include the Water: The improvements provided for in the 2013 Agreements were plainly limited to the area of Mr. O'Boyle's property that was intended for development, i.e., the "Building Envelope" as defined in the 2013 Agreements and reflected on the crosshatched area of Exhibit C to the Development Agreement. That Building Envelope did not include -- and expressly excluded — any structures appurtenant to the water such as a dock. Specifically, the reservation of rights provision in paragraph 35 of the Settlement Agreement relates to that portion of Mr. O'Boyle's property which was in dispute, intended for development in 2013, defined as the Building Envelope, and designated as the crosshatched area on the Exhibit C Survey to the Development Agreement. Thus, paragraph 36 of the Settlement Agreement provides as follows: 36. Building Envelope. The Development Agreement will (a) include a survey provided by O'Boyle, which survey shall provide a Building Envelope for the property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between the intercoastal waterway, the private roads, and the common property line to the west. (emphasis added) The Building Envelope as described in the 2103 Settlement Agreement was clearly marked as contemplated as "the area between the intercoastal waterway, the private roads, and the common property line to the west" in the Development Agreement. The Development Agreement then references the Building Envelope at paragraph 19 and states: Elaine Johnson James, Esquire May 25, 2018 Page 4 Building Envelope. Attached hereto and incorporated herein as Exhibit C, is a copy of a Survey, which Survey provides a Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O'Boyle (including his heirs, successors, and assigns) may construct Improvements in the Building Envelope; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town. (Emphasis added in bold italics) The Development Agreement incorporates as Exhibit C a Survey, which describes the Building Envelope as the "crosshatched" area. The crosshatched area does not include the water, which is separately referenced. Exhibit C further explains that: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) ("Water Structures") may be constructed and/or installed in the area designated hereon as "Water" provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated "Water" remains water... The Intent of the Parties is Reflected in Minutes of the Meeting Held to Approve the Development Agreement: The clear intent of the parties to restrict the scope of the 2013 Agreements to the Improvements at issue by the Application and Approvals and located on that area of the property defined as the Building Envelope, not to include the water, was confirmed during discussions at a special public meeting of the Town Commission held to approve the Development Agreement on September 17, 2013. At that meeting, the Town Commission was advised that the Exhibit C language, which had been added and agreed to by O'Boyle (..."provided that such Water Structures are approved by the Town of Gulf Stream"), meant that the Town would follow the Town Code Section 66-369 in terms of docks and that anything placed in the water would have to conform to the Town Code. Indeed, counsel for the Town explained that the aforementioned language in Exhibit C had been revised precisely in order to ensure that Section 66-369 governing Docks was followed. THE COASTAL STAR covered this meeting, and noted that the Town Commission had "Approved unanimously a development agreement with resident Martin O'Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed in 1981 except for dock and canal structures." http://thecoastalstar.com/profiles/blogs/gulf- stream-balking-at-price-town-drops-light-pole-purchase (emphasis added). Elaine Johnson James, Esquire May 25, 2018 Page 5 CONCLUSION It is the Town's position that any improvements contemplated by Mr. O'Boyle in the form of docks or other Water Structures are plainly subject to the current Town Code, including its restrictions on Docks. The Town Code prohibits the dock as proposed. The size of the proposed dock also carries the real potential of restricting the abutting property owners' use and enjoyment of their property and thereby expose the Town to additional litigation for infringing on those rights. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. JMU:mtm Enclosures 2013 Settlement Agreement 2013 Development Agreement \\jfjsp12\apps\Docs\13147\00060\LTR\1 UY4163.DOCX Renee Basel From:Domain postMaster address <postmaster@jonesfoster.com> Sent:Monday, May 6, 2019 11:41 AM To:Trey Nazzaro Subject:1UY5247-james re oboyle proposed dock without enclosures_PDF Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 1UY5247-james re oboyle proposed dock without enclosures.PDF File Size 487685 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe . You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. 1 Renee Basel From:Domain postMaster address <postmaster@jonesfoster.com> Sent:Monday, May 6, 2019 11:41 AM To:Trey Nazzaro Subject:1UY5247-james re oboyle proposed dock without enclosures_PDF Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 1UY5247-james re oboyle proposed dock without enclosures.PDF File Size 487685 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe . You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. 1 Leach, Janet C. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Monday, March 4, 2019 3:41 PM To: Randolph, John C. Cc: OConnor, Joanne M. Subject: RE: 23 Hidden Harbour - Promenade - This Message originated outside your organization. Skip, Rita advised Bill Ring last week that the dock/promenade would not be approved as submitted. I will let you know of any future developments. Thank you as always for -your expertise. Best regards, Trey Edward (Trey)-%. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road -Gulf Stream, F133483 (561) 276-5116 Notice: 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: Randolph, John C. <JRandolph @jonesfoster:com> Sent: Monday, March 4, 2019 3:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: 23 -Hidden Harbour- Promenade - Trey, Do you -need anything further in regard to this matter, or is this matter resolved, at least from -the Town's standpoint? Thank you. John C. Randolph Attorney Jones Foster- P.A. 561 650 0458 — D 561 650 530-0 — F I 561 659 3000 — O jrandolph@jonesfoster.com Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the_ intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Trey Nazzaro <TNazzaro gulf-stream.org> Sent: Thursday, February 21, 2019 12:40 PM To: Randolph, John C. <JRandolph@lonesfoster.com> Cc: OConnor, Joanne M. <JOConnor@ionesfoster.com> Subject: FW: 23 Hidden Harbour - Promenade - This Message originated outside your organization. FYI Edward -(Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, F133483 (561) 276-5116 Notice: 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: William Ring <wringcommerce-group.com> Sent: Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan -1 submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12' Wide Promenade and the 5' wide boat Dock shown on the Plan is permitted under, inter alfa, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a "Dock". This Plan will look great and is compatible with its neighbors, as the former commissioner's house across this wide turning basin has materially the same look. Further, I point out the "Dolphins" and "boat lifts" installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back -fill this private canal and relocate the seawall, and therefore could achieve the same result (the same "look") as shown on the Plan. 2 Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill -Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4-383 Fax: 954-360-0807 Leach, Janet C. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, February 21, 2019 12:40 PM To: Randolph, John C. Cr. OConnor, Joanne M. Subject: FW: 23 Hidden Harbour - Promenade - Attachments: 120902-OBOYLE-23 HH -Jim A101_2.19.2019.pdf This Message originated outside your organization. FYI Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, F133483 (561)276-5116 Notice: 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: William Ri-ng <wring@commerce-group.com> Sent: -Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you -in your review. As discussed, we believe the 12' Wide Promenade and the 5' wide -boat Dock shown on the Plan is permitted under, inter a -Iia, the Gulf Stream Code (both current and 1981) and the termsofour 2013 Settlement Agreement. The Promenade as shown is not a "Dock". This Plan will look great and is compatible with its neighbors, as the former commissioner's house across this wide turning basin has materially the same look. Further, I point out the "Dolphins" -and "boat lifts" installed i -n this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back -fill this private canal and relocate the seawall, and therefore could achieve the same result (the same "look") as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 C) �2 '§ §§ <_ta©tea / § . ,2 - R =_ ) )i _ _ �km »`r fix E�2(!` §!■ / » © AAU% : \\` !I; ,oma qoz wG 2s2wdk ;_ - g /{ \ } \) \ .� {\ \ a R 4: i 2 Is. - - °5§ ISME.. \ | £ | � \ \ | � } � � � Leach, Janet C. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Wednesday, February 20, 2019 12:49 PM To: OConnor, Joanne M.; Randolph, John C. Subject: Gulf -Stream -- New O'Boyle Dock and Promenade Attachments: OBoyle Promenade and Dock (new 2.20.19).pdf This Message originated outside your organization. Skip and Joanne, Bill Ring stopped by today to -talk to me about additional plans for the rear of the O'Boyle home, specifically a "promenade" that -is "not a dock" but is very similar to the previous proposed dock that has been discussed with the O'Boyle side for -the past year or more. Skip, please call myself and Rita to discuss. Joanne, I just wanted you to know this was coming and may be a topic of discussion at mediation. Bill mentioned the definition of dock in the Town Code, which is as follows: Dock shall mean -an accessory structure built on pilings over water, no part of which floats on water, and which is designed or used primarily to provide dockage for and access to one or more boats or water vessels for private use. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream,. F133483 (561) 276-5116 Notice: 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 mai-1 to this entity. Instead, contact this office by phone or in writing. a . �' � —cc =R €� r e A:s���F� Z ' o LG =:)=S �, Y U O�mz vmww na smscr e1Waa/s mlmnose o. `aK s:avees..,so. sm..os >,nn; n �.a�n xssnw nm .m�+w �+aewa vw io ssn nxs as +r uaevae'.amsw Mr •ays\rn 3u. s.�un �n v.W w>il-„s. sans sn..rs� �xro a uz:,w. s�� n .w.moc s.+.. 7-i Q sg fi Vu,'S4\M1{° y 3 n i l0 a3d STOZ,S/OT 1.3S-lIWVis _ t t ag X288 Beni o its t b ��• az3� _9a= � Intl FZ na smscr e1Waa/s mlmnose o. `aK s:avees..,so. sm..os >,nn; n �.a�n xssnw nm .m�+w �+aewa vw io ssn nxs as +r uaevae'.amsw Mr •ays\rn 3u. s.�un �n v.W w>il-„s. sans sn..rs� �xro a uz:,w. s�� n .w.moc s.+.. r� -Leach, Janet C. From: Rita Taylor <RTaylor@gulf-stream.org> Sent: Thursday, August 03, 2017 3:16 PM To: Randolph, John C. Subject: FW: O'Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101 Attachments: Rita Taylor 08.03.17.pdf This message originated from outside your organization I received the attached following a 30 min. phone conversation. Call me. Rita From: yBrenda Russell [mailto:brussell@commerce-group.com] . Sent: Thursday, August 3, 2017 11:43 AM To: Rita Taylor <RTaylor@gulf-stream.org> Cc: William Ring <wring@commerce-group.com>; Marty O'Boyle <moboyle@commerce-group.com> Subject: O'Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101 Brenda A- Russell Executive Assistant Office of -Martin -E. O'Boyle_ Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #354-360-0807 Main #954-360-7-713 brussell commerce-group.com 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 broaa 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 record. 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. 1 C OM VMRCE GROUP moboyle(@commerce-p,rroua . com Direct Dial Telephone #954-570-3505 [ME00828.DS2] August 3, 2017 VIA E-MAIL: rtaylor(cbgulf-stream.org TELEPHONE #561-276-5116 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Town Clerk and Custodian of Records Re: 23 North Hidden Harbour Drive, Gulf Stream, Florida 33483 Dear Ms. Taylor: This will acknowledge receipt of your letter of July 10, 2017 which is in response to my letter of July 5, 2017; and Mr. Randolph's E -Mail (with the attachments) to William Ring of June 30, 2017, which you refer to in your July 10, 2017 letter. A copy of your July 10, 2017 letter to me, my July 5, 2017 letter to you, Mr. Randolph's June 30, 2017 letter to William Ring and the July 26, 2013 Settlement Agreement, also referred to you your July 10, 2017, are all attached for convenience. Since you have "punted" as applies to my July 5,- 2017 letter, I will_ respond, to you, to Mr. Randolph's ill-conceived assertions in his letter to William Ring. In that connection, I ask that you kindly note the following: I point out that the Town of Gulf Stream has illegally, improperly, in derogation of the Settlement Agreement (referred to above) and "in bad faith", refused to approve the pool and the deck at the property known as 23 North Hidden Harbour Drive, Gulf Stream, Florida 33483 (the "Property"). 2. With regard to the dock, the relevant portion of Mr. Randolph's E - Mail to 'Mr. Ring states the following: P/l 10 VOCC/2017RENOVATION ■ www.commerce-group.com TEL 954.360.7713 • FAx 954.360.0807 1280 WEST NEWPORT CENTER DRNE, DEERFIELD BEACH, FLORIDA 33442 Rita L. Taylor, Town Clerk and Custodian of Records August 3, 2017 Page 2 A. In the penultimate paragraph Mr. Randolph states "The minutes clearly reflect the intention of the parties in regard to this matter". Please note that the minutes are attached to Mr. Randolph's E -Mail. Further in this regard, Mr. Randolph states that "Town Council Baird made it clear at the meeting that any water structures were required to be approved by the Town of Gulf Stream". I point out that -what Mr. Baird told the - Town of Gulf Stream does not apply to me nor does it apply to the Settlement Agreement. Mr. Randolph then goes on in the penultimate paragraph of his letter to say (referring to Mr. Baird's statement) that Mr. Baird's statement "means that the Town will follow its code section 66-369 in terms of docks". I do not understand how such a statement could be relevant. See, inter alia, Paragraph 5 below. 3. I again point both you and Mr. Randolph to Paragraph 35 of the Settlement Agreement. 4. I also point both you and Mr. Randolph to the Development Agreement; and, more particularly, Exhibit B, which is the Settlement Agreement. 5. I also point you and Mr. Randolph to Paragraph 18 in the Development Agreement which states: "If and to the extent there are any conflicts between this Agreement, Exhibit A-1 - Exhibit A-2 or Exhibit B, the _provisions of Exhibit B shall prevail Please remember that Exhibit B is the Settlement Agreement; please remember Paragraph 35 of Exhibit B which reads in relevant part: "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 and/or 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, P/1101/C/CC/2017RENOVAUON Rita L. Taylor, Town Clerk and Custodian of Records August 3, 2017 Page 3 without limitation, the home on the Property was originally issued, which date was approximately 198 1. 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". Note: The last sentence of Paragraph 35 is the only "carve out" from the language in Paragraph 35. 6. In addition, I point out Paragraph 29 of the Settlement Agreement titled: "Entire Agreement". I point out the language of that provision which reads as follows: "29. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters covered and the transactions contemplated hereby. No modification or waiver of any provision of this Agreement shall in any event be effective unless the same shall be in writing and signed by the party to be charged, and then such waiver or consent shall be effective only as stated in writing". Based upon the foregoing, it cannot be clearer that anything other than the Settlement Agreement "clearly reflects the intentions of the parties in regard to this matter", despite Mr. Randolph's statement as aforesaid. 7. Mr. Randolph states in the fourth Paragraph on Page 1 of his E - Mail to Bill Ring as follows: "It was clearly the intent of the Town and, we believe all parties to the Agreement, that the Property referenced in Paragraph 35 of the Agreement, when read in pari materia with Paragraph 36, relates to the portion of the Property which was in dispute and defined in Paragraph 36 which reads as follows: "36. Building Envelope. The Development Agreement will (a) include a survey provided by O'Boyle, which survey shall provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of P/1101/0CC/2017RENOVAnON Rita L. Taylor, Town Clerk and Custodian of Records August 3, 2017 Page 4 Improvements within the area between intercostal [sic] waterway, the private roads and the common property line to the west". 8. I refer you and Mr. Randolph again to Paragraph 35 (See Paragraph 5 above) In connection with Paragraph 35, please note that I have underlined and "bolded" the defined terms therein, i.e.: Improvements and Property. In that connection, please see the following: The definition of "Improvements" can be found in Paragraph # 1 of the Settlement Agreement. "Improvements" means the improvements on the Property and, which include future improvements to be constructed on the Property. The definition of "Property" (see Paragraph #1 of Settlement Agreement) is 23 North Hidden Harbour Drive, which is reflected on the survey which Mr. Randolph refers to was provided to the Town and is attached as Exhibit C of the Development Agreement. 9. Referring to Exhibit C to the Development Agreement, the language typed _in on Exhibit C states the following: "Appurtenant structures such as decks, pilings, docks, and- other structures (but not another_ living _unit or interior living space) ("Water Structures") may be constructed and/or installed in the area designated hereon as "Water", provided that such Water Structures are approved by the Town of Gulf Stream (if applicable) as long as the area designated "Water" remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such are shall be included in the crosshatched area". Referring to the above "quoted" language, the applicable language is "if applicable". In that regard, I once again point both you and M. Randolph to Paragraph 35 which clearly states that the 1981 code applies. I also remind you again that Paragraph 8 of the Settlement Agreement clearly states P/1101/C/CC/2017RENOVAnON Rita L. Taylor, Town Clerk and Custodian of Records August 3, 2017 Page 5 that the Settlement Agreement "trumps" the Development Agreement. Rita, all I am looking for is that which I am entitled. I have waited long enough. I intend to wait no longer. If the Town does not intend to abide by the terms of the Settlement Agreement, I will, to the extent applicable and permitted by law, cause suit to be instituted against the Town and to any of its Commissioners, Officers, Employees and Counsel that advised the Town to continue their malicious conduct against me, to the extent applicable and permitted by law. If further clarification is needed, I ask that you kindly contact me. Otherwise, I wish to proceed with the construction of my Property. I urge you to please work with me to avoid another litigation, which will expose the taxpayers to additional unnecessary and ego related expenditures-. I rook forward to a prompt and courteous response. Unfortunately, I can tolerate no more. Sincerely yours, nE.OBpye Enclosures cc: William F. Ring, Jr., Esquire - E -Mail w/ enclosures P.S. For the record, we disagree with the last paragraph of Mr. Randolph's June 30, 2017 E -Mail. P/1101/C/CC/2017REN0VAn0N COMMISSIONERS SCO T T W. MORGAN, Mayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN If. ORTHWEIN DONNA S. WHITE July 10, 2017 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Martin E. 0 -'Boyle 1280 West Newport Center Drive Deerfield -Beach, Florida 33442 Re: 23- North Hidden Harbour Drive Gulf Stream, Florida 33483 Dear Mr. O'Boyle: JUL 1.3 2017 Telephone (561)276-5116 Fax (56I)737-0188 Town Manager GREGORY L. DUNHAM- Town Clerk RITA L. TAYLOR This is in response to your email of July 5, 2017. In response thereto, please be advised that, to the best of my knowledge, the two indented paragraphs you cited in your letter were not in existence in 1981. Please -note, however, in regard to your allegiation as to the applicability of the "settlement agreement° dated July 26, 2013, Mr. Randolph's letter dated Jurie•30, 2017, to William Ring, addresses this--subject— Very truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 From: Marty O'Boyle Sent: Wednesday, July 05, 2017 12:05 PM To: -'rtaylor@gulf-stream.org' Cc: William Ring; -Brenda Russell; jrandolph@jones-foster.com; Marty O'Boyle Subject: 23 Forth Hidden Harbour Drive, Gulf Stream, FL 33483 - Our Project #1101 Dear Rita This will acknowledge receipt of your letter of 7/3/17, a copy of which is attached to this E -Mail. I refer you to the second paragraph wherin you recite the following provisions of the Code relative to the "dock": "Section 66-369(6) b. provides that no dock shall exceed 5 feet in width. The dock on the site plan is 12 feet wide. and Secton 66-369(6) e. states there shall be a minimum side setback of 15 feet from the property line. The site plan indicates the dock is only approximatley 4 feet from the easterly lot -line." Further to the above, I refer you to that certain Settlement Agreement by and between PAR'T'IES (as defined therein) and the Town of Gulf Stream dated July 26, 2013 and, more particulafiy, Paragarph 35 which reads in relevant part as follows: "Reservation of Rights. Notwithstanding lanaguage in this Agreement (including the attached Release) O'Boyle reserves all rights and remedies related to any claims he may have related to the scope and size of Improvements which may be constructed upon the Property, to the extent that the scope and/ or 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 Improvments (incluidng, without limitation, the home on the Property was originally issued, which date was approximately 1981..." Please confirm to me that the language in the two indented paragraphs above were in existenance in 1981 as recited in the quoted langage for the Settlement Agreement above. As always, your kind cooperation is appreciated. Given the passing of time, your prompt response would be even more appreciated. Martin E. O'Boyle, Commerce Group-, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561213 3486 E-mail: moboyle@commerce-�-roup.com Web Page: www.commerce-groM.com JUL 052017 July 3, 2017 Martin E. O'Boyle 1280 West Newport Center Drive Deerfield Beach, Florida 33442 Re; 23 North Hidden Harbour Drive Gulf Stream, FL. Dear Mr_. O'Boyle: We have reviewed the site plan showing the proposed deck and dock at 23 North Hidden Harbour Drive. On receipt of the construction drawings for the deck, we are prepared to process a building permit for the deck. -With regard to the dock that is also shown.on the site plan, please be advised that, as presented, it is in violation of the Gulf Stream Code as follows: Section 6-6-369(6)b. provides that no dock shall exceed 5 feet in width. The dock'on the -site plan is 12 feet wide. Section 66-369_(6)e. states -there -shall be -a minimum side setback 'of -15. feet from the property line. The site plan indicates the dock'is only approximately 4 feet from the easterly lot line. We will be in a position to start processing a building permit for the dock on receipt of.a revised site plan that conforms to the Code along -with construction drawings for the dock. Four copies of everything being submitted are -required. Additional -information is needed with regard to the proposed pool and pool deck.. The site plan does not show the distance from the west property line to the.pool. The -site plan indicates that the paver.pool deck will be over a concrete slab. Therefore,,:we need to- have it shown as to how run-off _will be addressed. Very truly ours, Rita L_ Taylor own Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA �4 Telephone COMMISSIONECOMMISSIONERS.. S.f' � (961)276-5116 1 SCOTT W. MORGAN, Mayor k1 -'!sem. , r,I 1 �r '�M.*1 Fac (561)737-0189 THOMAS M. STANLEY Vice -Mayor M.j PAUL A. LYONS, JR. Torn Manger JOANK ORTHWEIN % GREGORY -L. DUNHANt DONNA S. WHITE Town Clerk RITA L TAYLOR July 3, 2017 Martin E. O'Boyle 1280 West Newport Center Drive Deerfield Beach, Florida 33442 Re; 23 North Hidden Harbour Drive Gulf Stream, FL. Dear Mr_. O'Boyle: We have reviewed the site plan showing the proposed deck and dock at 23 North Hidden Harbour Drive. On receipt of the construction drawings for the deck, we are prepared to process a building permit for the deck. -With regard to the dock that is also shown.on the site plan, please be advised that, as presented, it is in violation of the Gulf Stream Code as follows: Section 6-6-369(6)b. provides that no dock shall exceed 5 feet in width. The dock'on the -site plan is 12 feet wide. Section 66-369_(6)e. states -there -shall be -a minimum side setback 'of -15. feet from the property line. The site plan indicates the dock'is only approximately 4 feet from the easterly lot line. We will be in a position to start processing a building permit for the dock on receipt of.a revised site plan that conforms to the Code along -with construction drawings for the dock. Four copies of everything being submitted are -required. Additional -information is needed with regard to the proposed pool and pool deck.. The site plan does not show the distance from the west property line to the.pool. The -site plan indicates that the paver.pool deck will be over a concrete slab. Therefore,,:we need to- have it shown as to how run-off _will be addressed. Very truly ours, Rita L_ Taylor own Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 From: Randolph, John C.tmailto:JRandolph(&jonesfoster.coml_ Sent: Friday, June 30, 2017 2:59 PM To: William Ring Cc: 'Rita Taylor'; 'GDunham@gulf-stream.org'; OConnor, Joanne M.; Leach, Janet C. Subject: Re: Development Agreement - O'Boyle - 2017 Plans - Dock Issue Dear Bill: In response to youre-mail of June 27, 1 have. conferred with Rita Taylor who has advised me that the plans filed by Mr. O'Boyle referenced in your e-mail have been reviewed by the Town. Mr. O'Boyle will be hearing from the Town shortly in regard to such review. It is my understanding that certain portions - of the plans relating to the deck are ready to be processed by the building permit upon receiving the necessary construction drawings relating thereto. I am further.advised, as to the dock, that the plans as presented cannot be approved as the plans are not in conformity with the applicable sections of the Town Code relating to docks. You have alleged and your client has stated in correspondence to the Town dated June 16 and June 19, 2017' that the dock is permitted based upon the terms of the Settlement Agreement between the parties dated July 26, 2013. Your assertion is, as I understand it, based upon paragraph 35 of the Agreement which provides, in part, "to the extent that the scope and/or 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." You allege that because the 1981 Code had -no limitation -or. -docks that your client is entitled to build a dock in conformity with the plans submitted to the Town. On behalf of the Town, I disagree with your assertion in this regard for the reasons stated below which reasons are not intended to be exhaustive in the event of a future challenge or subsequent litigation. It -was clearly the intent of the Town and, we believe all parties to the Agreement, that the Property referenced in paragraph 35 of the Agreement, when read- in. para materia with paragraph 36, relates to that .portion of the Property which was in dispute and defined in paragraph 36 which reads as follows: "36. Building Envelope. The Development Agreement will: (a) include a survey provided by O'Boyle, which survey shall- provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between intercostal (sic) waterway, the private roads and the common property line to the west." The Development Agreement referenced in that paragraph was signed and agreed to by the parties on September 17, 2013. That Agreement in paragraph 19 references the Building Envelope and states as follows: "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 (sic), however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town." Exhibit C describes the Building Envelope as the "Cross -Hatched" area. The Cross -Hatched area does not include the water. Exhibit C contains the following language: "Appurtenant structures such as decks, pilings, docks, and other structures -(but not another living unit or interior living space) ("Water Structures") may be constructed and/or installed in the area designated hereon as "Water", provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated "Water" remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area." The Minutes at which this Development Agreement was approved are attached. These Minutes clearly reflect the intention of the parties in regard to this matter. Town Council Baird made it clear at that hearing that any water structures were required to be approved by the Town of Gulf Stream, "which means that the Town will follow its -Code Section 66-369 in terms of docks." Further on in the meeting Resolution No. 013-04 approving the Development Agreement was approved unanimously. That meeting was held on September -17, 2013 and the Development Agreement was executed on that same date. Based upon the above, the understanding of the parties, their intent and their written agreement appears clear. On this basis, the Town will require, if Mr. O'Boyle wishes to proceed with the construction of a dock in the area designated as water in Exhibit C of the Development Agreement, that he file plans with the Town which are consistent with the requirements of Town Code. Very truly yours, - -. Fjt7ik7tr\:$SLC'nll., t',3. John C. Randolph Attorney Telephone: 561.650.0458 1 Fay:_ 561:650.5300 1 jrandc)lph@,ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm. Beach, Florida 33401 561-659-3000 1 ww;.w.jonesfostencom Incoraing emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. >kf[NtiT JTES OF THE SPECLAL MEETING AND PUBLIC HEAR-ING BEING HELD BY THE TOWN CONNINI-.SSION OF THE- TOWN -GF GLTLF STREAM, ON TUESDAY, -SEPTEMBER 17, 2013 AT -3:40 _A.M.,- IN THE COWINESSION CH.: NIBEK$ OF THEL TOax?N I-L•'UJ , 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Qrder: 'May -or Orditvein called the Rfeeting to order. at -9:00 AAL II. k1gdgg_pj&jggjggM Nlayor.Oxthtwein led the.Pledge of.Allegiance. III. ItoIh Cull: Present and, Participating Vin.Telephone A]so Present and Participating Joan K_ Orthwein Thomas -1`I. Stanley Robert W Ganger tonna S. White W. Garrett. Deting Wil i:nn H. Thrasher R.ita L Taylor Thomas Baird 'Mayor trice-lklayor Commissioner Commissioner 'Commissioner 'rotwn iiIanager Town Clerk Acting Town Counsel Int. PUBLIC HEARING:_ I. Proposed Development Agrcement.--23 Hidden Harbour Dr_ Acting Town Counsel Baird readth.e changes in Exhibit C of the Development :.agreement from die first Public Hearing. 1 -Le- reported that the :Agreement is now oriented in a -manner which. allows the reader to more readily. read the document. Town Counsel Baird continued that there .is now a reference to -the Water arca. rix stated that the document was not clear enough in tern3s. of what, if anything, could be put into the water extended Ecom the lot Town Counsel Baird continued that following the .word "water" on 'the third line, it now reads. "provided that such tetter structures are approved by- the. Town of Gulf Stream",. -which anears .that the Torun will foffmv its Code Section 66-369 in terms of Aocks. Town Counsel Baird further stated rbat anything -placed in the water will have to confotm to the code. He also addressed the change in Exhibit B which is laze Settlement _agreement that. is incorpotated into the Development Agreement on Page 2, Paragraph 1., regarding -the term "improvement". Town. Counsel Baird continued "as used in rhe Settlement Agreement shall also include -future improvements to-be-constLacted on Clic property=". Vice -Mayor Stanley inquired as to what was being added with regard to the Declaration of -Conditions- for Hidden Harbor Estates that is enclosed. Acting Town Counsel Baird explained that nothing is acnaall}- being added to the Declaration. I ie continued that \Ir. O'Bovle's .attorney-, NIr. William lbrig, supplied it as furiher explanation nith regard. to the sm.tctures that will be built on the lot Vice -Mayor Stanley -inquired if the Town assiumcs that the Town Code is "trumping" die 1I0A Declaxation. Acting Town Counsel-B;drd replied" )'.es". Spec6lMreting and Public Hearing Town_ -of GuI(Streatn Sepunnber 11, 2013 — Page 2 Mayor-Orthtireia asked -for ant- questions or Farther comn-tenrs. There -were no comments. ? Resolution No. 013-04.; A RESOLUTION Of• THE TOWN COINIMISSION OF THE TOWN -Op GULF SZ�Lh-j, .FLORIDA, APPROVING AND .INCORPORATING t .. THEREIN A DEVELOPMENT :1GRESMENT I3L-'TDUEEN. T1IE TOtiX. I AND MARTIN Z. O'BOYLE WIEIlCF[_ AINIONG OTHER T'.F.INGS GOVERNTS TI -IB DEVELOPMENT IN3:ENSI° Y, L.OT COVERAGE; .AND -HEIGHT OF ANY ST.NGLE Fl"ffLY RESIDE NTL1L STRUCTURE TO BE CONSTRUCTED AT 23 HIDDEN I -I 3RBOLTR. DRIFT✓ %VITT U\T THE TOWN OF GULF STREAM, FLORIDA; AND PROVIDING FOR AN' EFFEC.TPt'E DATE. Vice -Mayor Stardey-woved.and Commissioner Ganger seconded to .approve Resoluticzu -No. 013-04, and FCCCCIler t0 authorize the l4la}'Or to -initial cera an -changes provided las* the Town, Counsel in agreement at this meeting Ill voted rWF_ Mayor Orthwein asked for any comments Flom the ptiblic. There -were none. V. AdjQu>•nment: Mayor Orthwein adjourned the mea -ting at 9:10 AAM. Sandra Fein Recording Secretary I�PMC7�aCNu wc)tC>d.'�' �0RTA w rr [as@= 1 Z tlj o ` � �• � �' �• � �.� a ►f FF CD toy. y i O crq..tSa, .+ [C frf b �� {•t qac M Y ; fu 1 [n o �• �'" 1 _' ti I o FrT n N R. G v` • f Q+-- mCD 0 El y x xAxBova for r PLAT rN ,FJ rX rr3, PACES f7 4o f,4) —� 1 N n 32 Er k" m ° n T a � 4T CR r K air 5617370188 Fax f-jL kt�,+ 6 02:15:19 p.m. 07-26-2013 2/22 y SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (Agreement) is entered into, by and between tI. he 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, 2093 (the "Effective Date"). The Town and the Plaintiffs shall be collectively known as the "parries" WHEREAS, it is the desire of _the parties to -this Agreement to resolve all disputes, appeals and pending litigation -relating to the cases referenced in the column titled "CASES" on Exhibit "A" attached hereto (the "Cases"); and WHEREASy 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; 5617370788, Fax 02:15:31 p.m. 07-26-2013 1. The Town recognizes that the Plaintiff O'Boyle believes that the Town did not -apply a correct interpretation of its Code of Ordinances (the Code) as it pertains to 23 North Hidden Harbour Drive, Gulf Stream, Florida (hereinafter the "Property") and ft 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 alfa, a Level 3 Architecturall5ite Plan (the Application) and such other permissions, approvals, interpretations, clarifications 3122 and authorizations relating to the Property (the "Approvals°) to demolish and construct the Improvements upon the Property as contemplated.. The `� x rrn�rvueNte�+`� ; 2. The Town recognizes that -its interpretation of the Code, Including, without ;} limitation, the current setback regulations -established therein may not enable the v Plaintiff O'Boyle, or a subsequent purchaser to rebuild or renovate the Improvements, Including, °Mthout Iirnitation, the home; or enable -O'Boyle or a subsequent purchaser to demolish the improvements, including, without limitation, the home and construct Improvements, including, without lirnita€ion, a new home. Accordingly, in order to resolve- the Cases between the Plaintiffs and the Town, the Town agrees that the lot coverage; floor areaZatio, height, and setback of, inter- alfa, the -home's -entry -feature shall be permitted in accordance with the plans submitted with the Application (the "Plans") -(which Plans shall be substantially the same as the Pians), which Application and Plans shall be an exhibit to the .Development Agreement (the "Development Agreement"). The purpose of the Town's adaption of the Development Agreement is $5 VSep IN `%l1e `z2fILI, ►e&j 4,jtMcMt Shalt PCISD 1 M proveMeti-is 4-obe cot-yf-ruc-i-ed bN -IiA [ prbpls_�_t- - 4 11�1C�•v�2-�,-ivc?e. 5617-370188 Fax 02:15:43 p.m. 07-26-2013 4122 to permit, inter aiia, 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, wlthout -limitation, the existing .home, or the construction of Improvements, including, without limitation, a-new_home. The Development Agreement shall- be substantially in the form provided for in Section 163,3220, Fla. Stat The Development Agreement shall include terms customarily used in -the Town (but adapted to reflect the agreements of the parties as contained herein). The Development Agreement, among other things, shall allow the Plaintiff or a subsequent owner to demolish, rebuild or renovate the Improvements, including, without limitation,_the home or to construct -Improvements, including, without limitation, a new home such that the front setback -is not measured as currently established in the Code. 3. Both the Town --and -O'Boyle agree to act in good faith to promptly enter into the Development Agreement, which -Development Agreement shall contain terms consistent with -the terms set forth herein as they relate to the Property, including these necessary or appropriate so as to facilitate the construction of the Improvements upon 3 S617370188 Fax 02:15:55 p.m. 07-26-2013 5122 the- Property as set forth in the Application; and such other terms which are customary for Development Agreements in the Town for similar type Properties and improvements contemplated under the Application. The Town agrees to execute the Development Agreement as soon as practicable within Florida Statutes, but in no event later that 60 days from the date of this Agreement. 4. The Town agrees to waive any fees the Plaintiff might normally incur which are associated with the Development Agreement, the Application, the Approvals and any fines or assessments resulting from any violations existing at the Property, including, without limitation, the alleged violations set forth on the attached Exhibit B. 5. Intentionally Deleted. 6. Upon the execution of this Agreement -by the Plaintiffs, the Town agrees to pay O'Boyle $180,000.00, in- readily available funds by Federal Wire Transfer pursuant to Wire Transfer Instructions as designated by O'Boyle, which wire instructions are attached as Exhibit C. 7. Upon execution of this Agreement, the Town agrees that O'Boyle can proceed to improve the Property In accordance with the Applicatlon and to promptly provide O'Boyle with such Approvals as -necessary. 8. Upon the execution of this Agreement, the -Plaintiffs shall dismiss with prejudice the -Cases. 9 Upon execution of the Agreement, O'Boyle shall promptly (a) remove all signs from the Property other than approved address signs, and (b) within twenty days 4 5617370188 Fax 02:16:07 p.m. 07-26-2013 6/22 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. Pfaintiffs 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 -frees through the appellate level. 12. RELEASES (A) ThePlaintiffsRelease 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 "Di" attached hereto (the "Town Release"). (B) The Town's Release of Plaintiff. On the Effective Date, the Town shall execute and deliver a general release in favor of the Plaintiffs, which release is attached as Exhibit "132" attached hereto (the "Plaintiffs Release"). 13 Representations and -Warranties of the Plaintiffs. Each of the Plaintiffs represents .and warrants to the Town as follows: 5 5617370188 Fax 02:16:16 p.m. 07-26-2013 7122 (a) that the representing Plainfrr€P has not said, assigned, transferred or otherwise disposed of any claims that any of the Plaintiffs had against the Town before the Effective Bate; (b) that the Plaintiffs each represent that they have the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement as they apply to such Plaintiff; and (c) this Agreement has been duly and validly executed and delivered by the Plaintiffs and constitutes a legal, valid and binding obligation, enforceable against the Plaintiffs in accordance with its terms. 14.. Representations and Warranties of Town. The Towry represents and warrants to each of the Plaintiffs as follows: (a) that the Towntas 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; 3617370188 Fax 02:16:25 p.m, 07-26-2013 8/22 (b) that the Town- has the full right, -power,- legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement; and (c) this Agreement has been duly and validly Executed and delivered by the Town and constitutes a legal, valid and binding obligation, enforceable against the Town in accordance with its terms: 15. Covenant Not to Sire. (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 DI. (b) The Town covenants and agrees not to institute any litigation or arbitration against any or all of the Plaintiffs for a iy matter or thing which is within the scope of -the Plaintiffs Release, as attached as D2: IS. Continuation and Survivability of Representations Vkiarranties and - Covenants. The representations, warranties and covenants contained in this 7 5617370188 Fax 02:16:34 p.m. 07-26-2013 9122 Agreement shall survive the consummation- of the transactions provided for in this Agreement 17. Indemnification. The Plaintiffs, jointly and severally, agree to defend, indemnify and hold the Town harmless from and against and in respect of any and all claims, suits, losses, liabilities, taxes, damages, deficiencies and expenses (including reasonable attorneys' fees) of any kind or nature (collectively, 'Town Maims") which the i own- 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. D 5617370166 Fax- 02:16:45p.m. 07-26-2013 10/22 19. Notice of Default. No default shall have occurred under this Agreement until the defaulting party shall have been given 10 -days written notice to cure. If the cure is such that is will reasonably take longer than 10 -days and the defaulting party is pursuing the cure with diligence, then time within which to cure any such -default shall be extended for such period as may be necessary to complete the curing of the default, providing that diligence and continuity are being used 20. No Third Partv 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 andlor the Town Release. 21. Further Cooperation. The Plaints 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, oragreement 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 theotherparties hereto and the remedy at law for any breach of such obligations would be inadequate. The E~� 5617370188 Fax -02:16:57 p.m, 07-26-2013 11122 parties therefore, agree and consent that the remedy of specific performance should be granted in any proceeding which may be brought to enforce any party's obligations tinder 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 I shall be in addition to a{1 other remedies available in law or equity. 23. Voluntary Execution of Acireerrment. 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_provlslons of this Agreement. 25. Governinn Law. This Agreement shall be deemed to have been made, executed, and delivered in the State of Florida and- shalt be construed in accordance with the laws of the State of Florida. 10 S617370188- -Fax 02:17:07 p.m. 07-26-2013 12122 26. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. No party hereto may assign its rights or delegate its obligations underthis Agreement wboutthe express prior written consent of the other parties hereto. Nothing in this Agreement, express or impiled, 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- hereo; All the terms, covenants,- conditions, promises and agreements contained in this Agreement shall be for the sole and exclusive benefrt of the parties and their respective heirs, successors and assigns. 27. Notices. All notices, requests bnd demands to or upontheparties 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 snail, 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 ,nay designate by notice in accordance with this Section): 1-1 5617370188 Fax 02:17:19 p.m. 07-26-2013 13/22 f to Atte Toyttr Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Facsimile: -561 737-0188 1Niifi a.copy io Jones Foster Johnston_ & Stubbs, P.A. _ 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 John C. Randolph, Esquire Facsimile: 561-650-0465 If to --any of the Plaintiffs: Martin E. O'Boyle Commerce Group,- Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-350-0807 With a copy to: William F. Ring, Jr., Esquire Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 28. -Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement with the -same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs -or photocopies of this Agreement with all signatures reproduced shall be considered, for all purposes, as -if it were an executed original counterpart of this Agreement. 12 5617370188 Fax 02: 17:29 p.m. 07-26-2013 14/22 29. Enfire 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 pennitted 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 allofthe obligations -hereunder shall be deemed of the essence of this Agreement. 33. Legal Action. In -the event of any actiorrtaken by -any party, including, without limitation, an -appeal -of this Agreement or any related applications or 13 5617370188 Fax 02:17:39 p.m. 07-26-2013 agreements, or -any part thereof, O'Boyle and the Town agree that they shall each use their best efforts to vigorously defend any such actions. 34. Anolo-a The Town recognizes the stress and strife that the O'Boyle family has endured as a result of tate Town's- conduct. The Town recognizes that the O'Boyle home has a value well in excess of $1,000,000, but is uninsurable against wind because of the non-existence of proper protedtion, 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 tarlive. 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 andkor 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 1901. Notwithstanding the provisions of this Paragraph -35, O'Boyle shall not construct a home (or retrofit the existing home) on the Property so that it is more than -two stories. 14 15122 5617370188 Fax 02;17:52 p.m. 07-26-2013 16122 36. Building Envelope. The Development Agreement will: (a) include a survey provided by O'Boyle, which survey shall provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of Improvements within the area between intercostal waterway, the private roads and the common property line to the west IN WITNESS WHEREOF, the undersigned have executed this Agreement as of July 26, 2613. TOWN F TREAM By. t �� #yor By. a 'n E. O'Boyle By: Commerce -Group, Inc. Mart .O'Boyle, President By, N984AC Caravan, LLC Ma, n E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member p:Wocsi1314MD013XdodlgrS737.do= - 15 5617370188 Fax 02:18:01 p.m, 07-26-2013 17/22 EXHIBIT `°A" CASE NO, 15th Judicial'Circult Palm Beach County= Florida -PARTIES SUBJECT 502013CA005750X)=MBAO Martin E. O'Boyle vs Town of Gulf Stream PR##332 502013CA008125X0CDfiCMBAH Commerce Group, -Inc. vs Town of Guff Stream PR #000 502013CA008BOgXXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #1343 502013CA008701XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR#340 502013CA008594XXXXMBAG Aldine Highway LLC vs Town of Gulf Stream PR #341 502013CA008452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream- PR ##336 502013CA008919XXXXMBAD N984AC Caravan LLC vs Town of Gulf Stream PROW 502013CA011120X0XXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013CA011122XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR Signage 502013CA011411 XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414)0=MBAI Martin E. O'Boyle vs Town of Gulf Stream PR #407 502013CA01 141 6XXXXMSA0 Martin E. O'Boyle vs Town o; Gulf Stream PR #408 502013CA011417XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR # 409- 602013CA011421XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #44D 502013CA011423XXXXMBAO Martin E O'Boyle vs Town of Gulf Stream PR # 411 502013CA011424XXXXMBAE Martin E. O'Boyle vs Town of Gulf Stream PR #412 502013CADOB38BXXXXMBAY Martin E. O'Boyle vs Town of Gulf Stream Certiorari US District Court Southern District -of Florida 13 -CIV -80530 Middlebrooks/Brannon Martin E O'Boyle vs Town of Gulf Stream Injunction Declaratory Judgment p.Wo=113147100D131doc11ggi7M.dD= 5617370188 Fax 02:18:14 p.m. 07-26-2013 A�0 .173 Town �fGulfStream s 1Road t 'rSa 3M4 � 1 Zarttag Dcp6rtmeat 1'L. (561) 7 ._MI6 CODE MOORCEMSNf•&:sECIALMACiISTRA3�; F°Y ��tj i-oiss TOWN OF GULj; SIRE M, RLOR &A � CA&E NO: C13 2,I3 STATEi4 NT o P VIDX ATION AND NOTICE pR ID�AR>SIt; - i ParsMM to section 2 75 of the Town of Gulf Stream Code of Ordinance; the underxigatd h by gives notice of uncon'ected violation(,) of the Town of Gulf Stream Cade(s) more partiatdar a herein, and regaesta a PUBLIC HRAI IG before the COE;g ENFO}tCl �t ' mA{>ZSTRATEafthe-Tow J P MAJJ L Localion/Addrrsswhereviolatiap(s).dst(a): 23 Hidden 2. Legal'Dcsc4tion: Lot: 5 ffiddM Harbour Fatatea 3. Name and address ofowser/peraon in ohmge where violation(s) exisl(s):H=tjn g, 4. vii Sec. Sec. 70- ±n exrft awn Code Scotion(s) and description( 'obibits arty sign mot 31ated as 73st6 approved cols far spa no OCL colors =Mpjr+ a Ievet 3. Arrbf I :d on S aide•. : � •� rred sri3nes• r — 'ed• 1`a�s B] t ndt listed. arena StZL. t15ra coLo'B 1r1an Revisal I hict is a. s these f 5. DatcofFnstIwPwtian: A 'I Fared notice oil 5 -1-?3. Refined t o accept hand delivered'pa i 5-1-33 6. Datcowner{rrstnotified ofviolatioa(s): d moth mat Tan1 Ban ona 5� 7- Data onlb Was given 48 hours which wze 3,- 2013 N whichMolations are to_be eotreoted: In the mourn to refused but sem aFr�svx�**are+*f tiia fax. ; J OORTANTI '011-s the violator coarcts the vioh:t 044 desenbed heroin by the data set forth ab CONTACTS THE UNDJi<LSIt3NED CODE JNSPECTOR AT 56] 276-5]'16 d AND COMPI,IANCS wilh the Town Code(r) cited-h=cIh, NOTICE IS fDMBy GIVEN ' f T3SARING VIJLL Jiff CONDUCTED for the above rafcreaced rod before the A PUB C Stream Coda Ear 6-4 I3 P P of auk as the case at 2 P.H. orae loan bereatler can be heard in the Tawe, -$all Stt'eam;Fiorida, Commission- Chamher located at E00 Sea Ib ell,_ Gulf 'I.`OU ARE R13QUMED TO APPEAR BEFORE � SPECrAL MAG>MTRATE at t answer sItegetiaoa tbtrs you have violated tho agave cited sections.of. fhe Code of' tdirtaa `of ti'2= "* Towu of Gulf S4niat, TR YOUYAIL TO-AXIF.ND, the Sptoial Magisttxtamay hese aoIety upca presentation by -the Town We Inspector t =��� William}; fT�uasher� owttManeger' Town of GulfSheam i • _ t 18/22 5617370186 fax 02:18:32 p.m. 07-26-2013 19/22 YOUMUSTNOTiFYT EMTOWNOF-GUL$STRBAMAT(56I)_27&51I6t7NOktEEFC�RE THAT -TSB PARCEL OF REAL PROPERTY OWIM BY U AND DES Iib IDI TIiLS NCMCE 1S NO LONGER IN YIOLATCON OF TOWN CODES THAT YOU ARE REQUES'1IN 1 A REINSPECTION. IF TBE V10L.ATJON(S) IW/ARE NOT CORRHCTED JN TEE TIM$ SP MXMC170M OR 3F TM VIQLATION(S) MARE-CORRLCTBD AND _ FOR CASE MAY BB PRESENTED TO THE SPECIAL MAGLSTR ATB HYEN T13E iIIO 17S)ON(S) BE�TCQ1iRECi'SGpRIgRTo THE SPECMMAeSTRATEIMARING. IF YOFI IiAITs TO NOTIFY THE TOWN OF GCr7 F STRBAK IT RE $E HBWILL P - L -- CODE ENFORCsKDjT SPECIAL MAGISTRATIi THAT THE WILL E RRFRL ' P&RTY DESCRIBED RERgAND OWNED BYYOUCONMWES TO BE IN VIOLATION. -If the Special Magistreto Ends that you bow committed a vlalstion, helshe may -order • IA'r'E COMPLIANCE with the' Code and if you fail to comply with such ardor within the dim. eriod set 'Earth therein, he/she can MOOSE A FINE OF VP•TO $250.00 pFADAy for each vioI ff a in nae -compliance g If the Town Is success.;ul in prosecuting your case before the Special Magistrate, N- gE IMPOSED BY THE SPECIAL MAGLSTRAM SUCH MMS SHALL CONSTTTU A. LUN ON ANY MAL OR PERSONAL PROPERTY OWNED BYYOU FA3LURE.T0 PAX S(J H NWZ CAN RESULT INFORECLOSUREAND COLLECTION ACTION BYTHBTOWN. Ifyau dbogree' With a decisimr oftho SpccialMagistmte, you may appeal to tht CIRCUIT C URT OF PALMEEACH COUNTY Within 30.DAY5 atler the special Ivfa&h-ee''s Orderk entemd, Ifyou wish to have the Special IViagis" RECONSIDER your case far say reason arifyaLw arse was In. Bute a-nd is now lit compliance and you wish to ngnmt a MMUCTIQN IN FRE, an APPLICA=_CI0N AND THE APPB ?X&TE ME MUST IM SUBMITTED TO THE T IWW OF 'GULF STREAM FOR ANY SUCII REQUESTS. AF.L REQisttrr?n19ZWS FOP, SUCH F EQUES-f MUST ES MET FOR THE SPECfAL MA(31STRATE TO RECONSIDER YOUR CASE, We person dccides to appeal any decision made by the Special Aftgistrnte:with rrspct to any aaaallers considered at subject meeting, they w, W need &record of the proceedings, and -los =h-13Ur 105c,=h-13 lh�r _ may aced to etasnra that a verbatim record of the proceod9gs is made, upon which zroe iaclud'es testhnavy aad'avidence upon Which appeal is to 6ebased. (FS 286.t}1U5� Vj::H n0vERN YO-URRBIW�ACCORDINGLY, 8y: Rfta l- Taylor, Town tic TowaofOulf5tream 100 SeaRond G1u1f S trcam,,FL 33483 • (S61) 276-5116 5617370188 -Fax 02:18:48 p.m. 07-26-2013 20/22 Wiring Instructions: Branch Barlang and Trust Company 300 -Summers Street: Charleston WV 25301 Routing # 051503394 Commerce Realty Croup Inc Account # 5177704344 At ru Robert Boder Phone: 304-341-1043 5617970188 Fax 02:18:54 p.m. 07-26-2013 21/22 Exhibit "Dl" RELEASE This Release, made as of July26, 2013, is executeclthis 26th day of July, 2013, is -given by the Plaintiffs (collectively the "Releasors') to the Town of Gulf Stream and its employees and elected and appointed officials (collectively referred to herein as the -`Releasees"). In consideration of Ten Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency ofwhichis hereby aclaiowledged, 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 anytluug 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 -ere bound by this Release. flus 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 shallbe, construed in accordance with the laws of the State of Florida. INSS WHEREOF, the undersigned have executed this Release as ofthe day and date first tte.�ilabove. By: O'Boyle By: Commerce Group, Inc. tklin E. O'Boyle, President By: NAUOaravan, LLC actin 'Boyle, Member By: UQ�, Airline MI ghway, LLC Martin E. O'Boyle Managing Member 5617370188 Fax 02:15:03 p.m. 07-26-2013 22122 Exhibit "D2" RELEASE This Release, made as of July26, 2013., is executed this 26th day of July, 2015, is given by the Town of Gulf Stream on behalf of itself f its employees and its elected and appointed officials (collectively the "Releasors' to the Plaintdf s (collectively referred to herein as the "ReleaseeeD. In consideration of Ten Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency of which is_hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had, has or may have, arising from, related to orin 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 My 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 REJF, the undersigned have executed this Release as of the day and date first written aba e. By: yor OR U� h.7 CD 43 CD i� p C/3 I�+-S r�•t- c� a it 9 w C)t:fx N r 'D -O 1D v 7� CIQn OG rA , � ��--- �Qc� _ ,+ Lor s �"1 N N NAR80UR PLAY 115 PAGES 17 CD N Al A. o 5 CMDrr. y R. 5. 00 0 5- o 0'0, N O 5. Nj- 5- '� m �' tD rn C q. 0 � K Mi R q M g1Zo �a c a Randolph, John C. From: Marty O'Boyle <moboyle@commerce-group.com> Sent: Wednesday, July 05, 2017 12:05 PM To: 'rtaylor@gulf-stream.org' Cc: William Ring; Brenda Russell; Randolph, John C.; Marty O'Boyle Subject: 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 - Our Project #1101 Attachments: Rita Taylor letter of 07.03.17 regarding site plan showing proposed deck and dock.pdf This message originated from outside your organization Dear Rita This will aknowledge receipt of your letter of 7/3/17, a copy of which is attached to this E -Mail. I refer you to the second paragraph wherin you recite the following provisions of the Code relative to the "dock": "Section 66-369(6) b. provides that no dock shall exceed 5 feet in width. The dock on the site plan is 12 feet wide. - and Secton 66-369(6) e. states there shall be a minimum side setback of 15 feet from the property line. The site plan indicates the dock is only approximath-T 4 feet from the easterly lot line." Further to the above, I refer you to that certain Settlement Agreement by and between PARTIES (as defined therein) and the Town of Guh Stream dated July 26, 2013 and, more particulafly, Paragarph 35 which reads in relevant part as follows: "Reservation of Rights. Notwithstanding lanaguage in this Agreement (including the attached Release) O'Boyle reserves all rights and remedies related to any claims he may have related to the scope and size of Improvements which may be constructed upon the Property, to the extent that the scope and/or 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 Improvments Jncluidng, without limitation, the home on she Property was originally issued, which date was approximately 1981..." Please confirm to me that the language in the two indented paragraphs above were in existenance in 1981 as recited in the quoted langage for the Settlement Agreement above. As always, your kind cooperation is appreciated. Given the passing of time, your prompt response would be even more appreciated. Martin E. O'Boyle, Commerce Group, Inca 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 COMMISSIONERS SCOTT W. MORGAN, Mayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN K. ORTHWEIN DONNA S. WHITE July 3, 2017 1UL 0 5 2011 TowN OF GULF STREAM PALM BEACH COUN'T'Y, FLORIDA Telephone �'`•'` (561)276-5116 v' Fax (561)737-0188 Town Manager GREGORY L.DUNHAM Town Clerk RITA L. TAYLOR Martin E. O'Boyle 1280 West Newport Center Drive Deerfield Beach, Florida 33442 Re; 23 North Hidden Harbour Drive Gulf Stream, FL. Dear Mr. O'Boyle: We have reviewed the site plan showing the proposed deck and dock at 23 North Hidden Harbour Drive. On receipt of the construction drawings for the deck, we are prepared to process a building permit for the deck. With regard to the dock that is also shown on the site plan, please be advised that, as presented, it is in violation of the Gulf Stream Code as follows: Section 66-369(6)b. provides that no dock shall exceed 5 feet in width. The dock 'on the site plan is 12 feet wide. Section 66-369(6)e. states there shall be a minimum side setback of:15.feet from thepropertyline. The site plan* indicates the dock 'is only approximately 4 feet from the easterly lot line. We will be in a position to start processing a building -permit f -or the dock on receipt of a revised site plan that conforms to the Code along with construction drawings for the dock. Four copies of everything being submitted are required. Additional information is needed with regard to the proposed pool and pool deck.. The site plan does not show the distance from the west property line to the.pool. The site plan indicates that the paver.pool deck will be over a concrete slab. Therefore, :we need to have it shown as to how run-off.will be addressed. Very truly yours, Rita L. Taylor Town Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 N i C f n C E ccn W ro y v_ (n o RLL C9 m d �o 0 S4 (d a) rd .{J • 4 �3 �4 N O W N 4.3 r+ }..( >4 O¢�.� 3 rd N O • d•} rd W m r -I Cil N ri 4d .{3 O 74 ! I ao N 10 rtf N N Y N i C f n C E ccn W ro y v_ (n o RLL C9 m d �o 0 S4 (d a) rd .{J • 4 �3 �4 N O W N 4.3 r+ }..( >4 O¢�.� 3 rd N O • d•} rd W m r -I Cil N ri 4d .{3 O 74 ! I ao N 10 rtf N N Leach, Janet C. t From: Randolph, John C. Sent: Friday, June 30, 2017 2:59 PM To: 'wring@oboylelawfirm.com' mac: 'Rita Taylor'; 'GDunham@g-ulf-stream.org'; OConnor, Joanne M.; Leach, Janet C. Subject: Re: Development Agreement - O'Boyle - 2017 Plans - Dock Issue Attachments: 20170630145428783. pdf Dear Bill: In response to your e-mail of June 27, 1 have conferred with Rita Taylor who has advised mP that the plans filed by Mr. O'Boyle referenced in your e-mail have been reviewed by the Town. Mr. O'Boyle will be hearing from the Town shortly in regard to such review. It is my understanding that certain portions of the plans relating to the deck are ready to be processed by the building permit upon receiving the necessary construction drawings relating thereto. I am further advised, as to the dock, that the plans as presented cannot be approved as the plans are not in conformity with the applicable sections of the Town Code relating to docks. You have alleged and your -client has stated in correspondence to the Town dated June 16and June 19, 2017 that the dock is permitted based upon the terms or the Settlement Agreement between the parties dated July 26, 2013. Your assertion is, as I understand it, based upon paragraph 35 of the Agreement which provides, in part, "to the extent that the scope and/or 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." You allege that because the 1981 -Code had no limitation on docks that your client is entitled to build a dock in conformity with the plans submitted to the Town. On behalf of the Town, I disagree with your assertion in this regard for the reasons stated below which reasons are not intended to be exhaustive in the event of a future challenge or subsequent litigation. It was clearly the intent of the Town and, we _believe all parties to the Agreement, that the Property referenced in -paragraph 35 of the Agreement, when read in para materia with paragraph 3,6, relates to that portion of the Property which was in dispute and defined in paragraph 36 which reads as follows: "36. Building Envelope. The Development Agreement will: (a) include a survey provided by O'Boyle, which survey shall provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between intercostal (sic) waterway, the private roads and the common property line to the west." The Development Agreement referenced in that paragraph was signed and agreed to by the parties on September 17, 2013. That Agreement in paragraph 19 references the Building Envelope and states as follows: "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 (sic), however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town." Exhibit C describes the Building Envelope as the "Cross -Hatched" area. The Cross -Hatched area does not include the water. Exhibit C contains the following language: "Appurtenant structures such as decks, -pilings, docks, and other structures (but not another living unit or interior living space) ("Water Structures") may be constructed and/or installed in the area designated hereon as "Water", provided that such Water Structures are approved - by the Town of Gulf Stream (if applicable), as -long as the area designated "Water" remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in -the crosshatched area." The Minutes at which this Development Agreement was approved are attached. These Minutes clearly reflect the intention of the parties in regard to this matter. Town Council Baird made it clear at that hearing that any water structures were required to be approved by the Town of Gulf Stream, "which means that the Town will -follow its Code Section 66- 369 in terms of docks." Further on in the meeting Resolution No. 013-04 approving the Development Agreement was approved unanimously. That meeting was held on September 17, 2013 and the Development Agreement was executed on that same date. Based upon the above, the understanding of the parties, their intent and their written agreement appears clear. On this basis, the Town will require, if Mr. O'Boyle wishes to proceed with the construction of a dock in the area designated as water in Exhibit C of the Development Agreement, that he file plans with the Town which a -re consistent with the requirements of Town Code. Very truly yours, JOIN TO TER John C. Randolph Attorney Telephone: 561.650.0458 1 Fax: 561.650.5300 1 jrandolph@j ones foster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach., Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming eniails are filtered %vbich may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not die intended recipient, you received this- in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 2 NI1NU".rES OF I'FM' SPECIAI. i\3EE'ITNG t -WD PUBLICHEARING ARING BEING FIELD BY TIME TOWN CO1\I1IISSION OF 1:1-I:E TOWN' OF GULF' STR.f A- [, ON TUESDAY, SEPTEMBER 37, 2013 AT 9:00 A.M., IN " `HE COMM USSION CH.Ai4IB.ER$ OF THE' TO%N. N. I AI.L., 100 SEA ROAD, GUI..F STREANI,_ FLORIDA. I. Call to Order: Ninyor Orthw-ein called the ]Meeting to order..at 9:00 AM. IT. Pledge gf Allegiance: ltlayor Orthw ein led theTledge of Allegiance. III. :Stoll Call: Present and Joan K. Orthweia iNiayor Participating Thomas M. Stanley `5ce-iNiayor Robert W. Ganger CDnl]]11SSll? lel Donna S. White Conuhaissionet Via Telephone W. Garrett.l)ering. Commissioner Also Pre_seiit and William H'Thrasher Town Manger - Parricipnting Rita L. Taylor Town Clerk Thomas Baird .acting ":Ibwn Counsel IV. PUBLIC II.EARING: 1. Proposed Development agreement:— 23 Hidden harbour .Dr..I Actin; A ov,- ] Counsel Baird read 'the changes in Exhibit C of the Development Agreement from die first Public Hearing. Fl.c reported that the .Agrearneat is now oriented in -a manner which. allows the reader to mune readly xend the documetm Town Counsel Baird' continued that there .is nowa reference to the water arca. I. -IC stated that Elie document was .not clrar enough in terms of what, if anything, could be put into the water extended from the lot. town Counsel Baird Continued that following the .word "water." on the third luje, it now reads. "pro%rided that such water structures are approved by the Town of Gulf Stream",.'. h.ich means that. the Town will follow its Code Section. 66-369 in terms of •dbciiS. Torn Coun;:cl Baird further stared that myth ng placed in the water will. have to conforin to t1hL_ code. Fie also addressed the cl=nge in I 1hi.bit B which is die Settlement Agreement that. is incorporated into the Development Agreement on P,ige 2, Paragraph 1., reg-ar&ng the term "improvement". Tawn. Counsel Baird continued "res used in the Settlement Agreement shaU also include future improvements to be constructed on tlhc property*". Vice-Mayox Stanley inquired as to tvlrat was being added 'with regard. to the Declaration of Conditions for Hidden IIarbor Estates that is enclosed. Acting Town Counsel Baird c\plained that nothing is n.ctuallyr being added to the Declaration. Fle continued that 1\1x. O'Boyle's Attornet; lt°lr. Willi, Ring, supplied it as further e.planarion tit�ith regard: to the -tractu.res that will be built oa the lot. Vice -Mayor Stanley inquired if the Town assumes tl ar. the Town Code is "trumping" the I -LOA Declaration. Acting Town Coti sel Baird replied" Yt!s". Special Meeting and Public Hearing Town of Gulf Stream September 17, 1-013 — Page 2 IVlayor Orthwe:in asked for any questions or further ctJnamenu, `I`here were no comments. 2. R4sohltion No. 013-04; A .RESOLLI T ION OF THE TOWN COMMISSION OF THE f,. 'CO\SnRI-,RDA, PRO�ING AND INCC1ZU��T�?C;�TNJILF �C :.:... THEIt,L N A DEVELOPIMENT A-GIZ.EEIIENT T E'nVEEN. TIME 'rowN AI\TD MARTIN E. O'BOYLE Wf,11CH A!%IONG al'.HE;.R T.FILNGS GOVER.-NIS THI., :D:EST:L;.I.;C3I'\iII,NT INTENSITY, LOT C.O\rI-'Jt��GE; AN:D HEIGHT OF Ai , �INC7I E FAMILYRESIDENTLAI:. STRUCTURE TO BE, CONSTR:UCTF0 AT 23 HIDDI N HARBOUR DRIVE WITHIN THE T OwN OF GULF S'T'iW.A.N.1, F1:.;0RT.D_%; AND PrtO\'TDING .FOR AN EFFECrrVE Dr1TE. Vice -Mayor Stanley moved.and Commissioner Ganger seconded to,approve Resolurioxi .No. 01.3-04, and farther to authorize the 1fayor to initial certain changes prot-ided by the Town Counsel 1n agreenient at this meeting. A U voted AYE. Mayor Orthwein asked for any comme-nts from the- aubEc. There: wets none. V. Ad ouxnmcnt: Mayor Orthwein adjourned the meeting at 9:10 A.M. Sandra Fein Recording Secret.aq, NF 3 wm mr I w r G� W.'xYMC ERZ— fD m v A o El i Cs rJ J� - fir 3 %sm 5 E OL dor 2 —� O+ x Nis! PACS X1) �ro�a0 m CD p' ro o � ti �o m �°+ m a P: H a g E Jill'++�A���� M 114 1 91 11;hj i Randolph, John C. From: William Ring <wring@oboylelawfirm.com> Sent: Tuesday, June 27, 2017 5:07 PM To: Randolph, John C. Cc: William -Ring; OConnor, Joanne M. Subject: RE: developement agreement - oboyle - 2017 Flans - Dock Issue --WWI Attachments: img20170621133202.pdf This message originated from outside your organization Skip: Attached is a letter dated June 19, 2017 from Rita Taylor to Marty O'Boyle regarding the approval of the plans for the outdoor areas (deck, dock pool, and other outdoor areas at 23 Hidden Harbour. I wanted to make sure you had -a copy. Per Ms. Taylor's request, this afternoon, I submitted to the Town (Trey Nazzaro and Rebecca Tews) an Application for the outdoor areas (under protest with reservation of rights) along with 4 Copies of Sheet A102 Enlarged Site Plan showing the outdoor areas. I mentioned to both of them that I thought they -should speak to you about this Application. When can I expect to hear back from you/Town re: the approvals? Have you made any progress on your research? Thanks Bill Ring William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Brenda Russell Sent: Wednesday, June 21, 2017 1:44 PM To: -Marty O'Boyle; William Ring Subject: Rita Taylor letter of 06.19.17 responding to MEO's of 06.16.17 regarding Plans/Application - Project #1101 Brenda A. Russell Executive Assistant Office of Martin E. O'Boyle Leach, Janet C. From: William Ring <wring@oboylelawfirm.com> Sent: Tuesday, June 27, 2017 5:07 PM To: Randolph, John C. Cc: William Ring; OConnor, Joanne M. Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 Attachments: img20170621133202.pdf This message originated from outside your organization Skip: Attached is_a letter dated June 19, 2017 from Rita Taylor to Marty O'Boyle regarding the approval of the plans for the outdoor areas (deck, dock pool, and other outdoor areas at 23 Hidden Harbour. I wanted to make sure you had a copy. Per Ms. Taylor's request, this afternoon, I submitted to the Town (Trey Nazzaro and Rebecca Tews) an Application for the outdoor areas (under protest with reservation of rights) along with 4 Copies of Sheet A102 Enlarged Site Plan showingthe outdoor areas. I mentioned to -both of them that I thought they should speak to you about this Application. When can I expect to hear back from you/Town re: the approvals? Have you made any progress on your research? Thanks Bill Ring William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) _From: Brenda Russell Sent: Wednesday, June 21, 2017 1:44 PM To: Marty O'Boyle; William Ring Subject: Rita Taylor letter of 06.19.17 responding to MEO's of 06.16.17 regarding Plans/Application - Project #1101 L J Brenda A. Russell Executive Assistant Office of Martin E. O'Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brusseli(@commerce-group.com COMMISSIONERS SCOTT W. MORGAN, Mayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN K. ORTIIWEIN DONNA S. WHITE June 19, 2017 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Martin E. O'Boyle 1280 west Newport Center Drive Deerfield Beach, Florida 33442 Dear Mr. O'Boyle: Telephone (561)276-5116 Fax (561)737-0188 Torn Manager GREGORY L.DUNHAM Town Clerk RITA L. TAYLOR This is- in response to your letter dated June 16, 2017, which you reference as "Re: Settlement Agreement between the "PARTIES" (as defined therein) and The Town of Gulf Stream, a municipal corporation of the State of Florida dated July 26, 2013 (the "Settlement Agreement")." Please be advised that although there were informal discussions with William Ring, Esquire in'regard to certain portions of the "Plans-," _there was no formal application filed with the Town with respect to those portions of the "Plans." According to the Building Permit Application referenced in your June 16, 2017 letter, the description of the Proposed Improvements are for "Interior Remodel-Kitchen/Family Room Only." These plans were approved by the Town. The Town, therefore, has not had an opportunity to either approve or disapprove the portion of the -"Plan" to which your =Tune 16, 2017 letter refers. Upon appropriate filing of.an application for permit, the Town will respond as required. Sincerely, t/ -,(,4 - / Rita L. Taylor Town Clerk .SUN 2 9 2017 100 SEA ROAD, GULF STREAM, FLORIDA 33483 NN > -ZP 44 m rd rd 4-) (1) 0 U a) -P >1 -0 Q 04 U ; : id a) a) 0 z PQ- . 4J td P LO r -I d) a) 0 t3: --i- ID —i tH lLi `4 oo a) (d cq (1) Leach, Janet C. From: Randolph, John C. Sent: Thursday, June 29, 2017 11:11 AM To: 'William Ring' Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 21 Thank you for providing me a copy of this letter of June 19. 1 had not seen it. I understand that this application is under review by the Town at this time. I will confer with Town Staff in regard to this matter and get back to you once they have completed their review and advised me on same. Thank you. JOHN C. RANDOLPH JONES FOSTER John C. Randolph Attorney Telephone: 561.650.0458- 1 Fax: 561.650.5300 1 jrandolph(@.j onesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drip -e, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may delay- receipt. This email is personal to the named recipient(s) and may be privileged - and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring[mailto:wring@oboylelawfirm.com] Sent: Tuesday, June 27, 2017 5:07 PM To: Randolph, -John C. <JRandolph@jonesfoster.com> Cc: William -Ring <wring@oboyleiawfirm.com>; OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: developement agreement- oboyle - 2017 Plans - Dock Issue - 1981 This message originated from outside your organization Skip: Attached is a letter dated June 19, 2017 from Rita Taylor to Marty O'Boyle regarding the approval of the plans for the outdoor areas (deck, dock pool, and other outdoor areas at 23 Hidden Harbour. I wanted to make sure you had a copy. Per Ms. Taylor's request, this afternoon, I -submitted to the Town (Trey Nazzaro and Rebecca Tews) an Application for the outdoor areas (under protest with reservation of rights) along with 4 Copies of Sheet A102 Enlarged Site Plan showing the outdoor areas. I mentioned to -both of them that I thought they should speak to you about this Application. When can I expect to hear back from you/Town re: the approvals? Have you made any progress on your research? Leach, Janet C. From: Marty O'Boyle <moboyle@commerce-group-.com> Sent: Wednesday, June 28, 2017 4:04 PM To: 'rtaylor@gulf-stream.org' Cc: Randolph, John C.; -William Ring; Brenda Russell Subject: FW: development agreement - oboyle - 2017 Plans - Dock Issue - 1981 Attachments: 06.1;9.2017 Rita Taylor.pdf This message originated from outside your organization Rita — please see below and attached. The attached was apparently (and — if so — inadvertently) not sent to you on June 19, 2017. Nonetheless, I wanted you to have the letter. Needless to say, if not received by you, I would like to apologize for this "slip up". Thank you for understanding. PS: I am sending a courtesy copy of this email to Mr. Randolph. Marti -n _E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive Deerfield Beach, FI. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 -Cell: 561 213 3486 E-mail: moboyle(cr)commerce-)commerce Web Page; www.commerce-group.com From: -William- Ring - Sent: Tuesday, June 27, 2017. 5:07 PM To: 'Randolph, John C.' Cc: William Ring; 'OConnor, Joanne M.' Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 Skip: Attached is a letter dated June 19, 2017 from Rita Taylor to Marty O'Boyle regarding the approval of the plans for the outdoor areas (deck, dock pool, and other outdoor areas at 23 Hidden Harbour. I wanted to make sure you had a copy. Per Ms. Taylor's -request, this afternoon, I submitted to the Town (Trey Nazzaro and Rebecca Tews) an Application for the outdoor areas (under protest with reservation of rights) along with 4 Copies of Sheet A102 Enlarged Site Plan showing the outdoor areas. I mentioned to both of them that I thought they should speak to you about this Application. When can I expect to hear back from you/Town re: the approvals? Have you made any progress on your research? Thanks Bill Ring William F. Fling O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL_33442 954-570-3510 (ph) 954-328-4383 (cell) From: Brenda Russell Sent: Wednesday, June 21, 2017 1:44 PM To: Marty O'Boyle; William Ring Subject: Rita Taylor letter of 06.19.17 responding to MEO's of 06.16.17 regarding Plans/Application - Project #1101 Brenda A. Russell Executive Assistant Office of Martin E. O'Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 -Direct Dial #95.4-570-3513 Fax #9547-360-0807' Main #954-360-7713 hrussell commerce-group.com 2 COMMERCE GROUP mobovle@commerce-group.com Direct Dial Telephone #954-570-3505 [DS500874.DS2] June 19, 2017 VIA E-MAIL: rta lY orPgulf-stream.or>; TELEPHONE #561-276-Si16 Town of Gulf Stream 10o Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Re: Plans — O'Boyle Home — 23 North Hidden Harbour Drive, Gulf Steam, FL (the "Premises") Dear Ms. Taylor: Earlier today we hand delivered to you a letter relative to the captioned Premises. I understand that Bill Ring spoke to Skip Randolph last week; and Mr. Randolph mentioned that there was never any application made to the Town for a dock or a pool. As_I understand it, the application was not made for two reasons: I- You said that you were flatly denying the plans applicable to the exterior; 2. Since the Agreement that governs the development for our utilization of the property provides that we are only subject to codes in place as of 1981, to our knowledge, there were no requirements applicable to pools or decks onthatdate. Consequently, there would be no need for an application. Of course, if what we say in the 1St sentence of this numbered paragraph two (2) is not correct, please advise with the authority upon which you rely. The above aside, if you feel that you do need an application, we are willing to oblige such a request, with the understanding that we will be doing it under protest and reserving all our rights. Please let us know in that regard. P/ 1101/ C/ CC/20 i7RENOVATION IN www.commerce-group.com TEt_ 954.360.7713 • FAX. 954.360.0807 1280 WEST NEWPORT CENTER DRIVE, DEERFIELD BEACH, FLORIDA 33442 Rita L. Taylor, Clerk June 19, 2017 Page 2 Rita, as always, your kind cooperation is appreciated. Sincerely yours, Martin E._O'Bo(le Enclosure cc: John C. Randolph, Esquire — E -Mail William F. Ring, Jr., Esquire — E -Mail RECEIPT OF LETTER ACKNOWLEDGED Rita L. Taylor Date: P/1101/C/CC/20 17RENOVAT'ION Leach, Janet C. From: Randolph, John C. Sent: Monday, June 19, 2017 2:39 PM To: Baird, Thomas J. Subject: O'Boyle Dock Attachments: O'Boyle 06 17 17 letter.pdf; Development Agreement.pdf Tom, Upon receipt of the attached, please give me a call so that we can discuss it. Thank you. JOHN C. RANDOLPH ION S FOSTER John C. Randolph Attorney Telephone: 561.650.0458 1 Fax: 561.650.5300 jrandolph@.jonesfoster.com Jones, roster, Johnston & Stubbs, P. A. Flagler Center ToNver, 505 South Flagler Drive, Sulw 1100, West Palm Beach, Florida 33401 561-659-3000 1 wwwj ones foster. com Incoming emails are filtered «Thich may delay -receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemuiation, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 Leach, Janet C. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, lune 15, 2017 11:46 AM To: Randolph, John C. Subject: RE: 23 Hidden -Harbour - Dock - Gulf Stream Attachments: last page settlement agreement.pdf, development agreement survey.pdf, PBC OR Book 26343 Page 1285.pdf This message originated from outside your organization Mr. Randolph, With respect to the Dock issue, T found the following note from the Coastal Star in October of 2013 from an article covering Gulf Stream: Approved unanimously a development agreement with resident Martin O'Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed in 1981 except for dock and canal structures. The -deal is part of the court settlement of 21 of O'Boyle's 22 lawsuits against the town following the March denial of his request for a 25 -foot -tall entryway and others changes. O'Boyle also received $180, 000 and an apology from the town. O'Boyle removed paintings and signs from his home criticizing town officials. O'Boyle and the town are negotiating the final -lawsuit over she cost ofpublic records requests. That article is available here: ht ?://thecoastalstar com/profiles/blogs/gulf-stream-balkiniz-at-price-town-drops- light-pole-purchase Given that the Coastal Star was under the impression that "dock and canal structures" were not included as part of the development agreement that -referenced the 1981 code, I looked further and found the following two items of interest: 1-.-T-he last paragraph on -page 15 -of the settlement agreement, paragraph 36, (attached as "last page settlement agreement") states: 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 the intercostal waterway, the private roads, and the common property line to the west 2. The survey provided by O'Boyle from O'Brien, Suiter & O'Brien, Inc. of the property, with the land portion, called the Building Envelope "cross -hatched"; and the water area outlined to the center of the canal and called "WATER." The language on the survey reads as follows (attached as "development agreement survey"): Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) ("Water Structures") may be constructed and/or installed in the area designated hereon as "Water", provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated "Water" remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area. The pages referenced above have been recorded as part of a complete document in the public records of Palm Beach County, Official Record Book 26343, Page 1285. The 42 pages included as part of that recording have been attached, obtained from Palm Beach County's records for your review and reference. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town -of Gulf Stream - Notice: 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: -.Randolph, John C. [mailto:JRandolph@jonesfoster.com] Sent: Wednesday, June 14, 2017 1:20 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: Fwd: 23 Hidden Harbour - Dock - Gulf Stream Thoughts? Sent from _my iPhone Begin forwarded- message: From: William-Ring-<wring@oboylelawfirm.com> Date: June 14,2017 at -12:48:20 PM EDT To: ".Randolph; John C." <JRandolph@lonesfoster.com> Cc: William ming <wring@oboylelawfirm.com> Subject: 23 Hidden Harbour - Dock - Gulf Stream This message originated from outside your organization Skip: Following up on my previous emails, we need togetan answer on the proposed Dock. The other permits are winding their way through Delray Beach, and I would like to resolve the Dock issue soon. As I mentioned before, I believe the proposed Dock fits within the terms and conditions of the Development and Settlement Agreement and the Town should approve it (and the current code does not apply since it did not exist in 1981). So that its handy, attached is that portion of the Settlement Agreement referencing the 1981 date. Thank you far previously sending to me the September Minutes regarding the Development Agreement meeting. Although! do not think the meeting minutes are necessarily meaningful, I point out the July Settlement Agreement meeting minutes discussed 1981 date as the date of reference. We believe the Dock will be beautiful I am hopeful that you can speak with someone at the Town and get their "ok" on the proposed Dock plan. Thanks Bill Ring William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 4:26 -PM To: Randolph, -John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement --oboyle - 2017 Plans - Dock Issue - 1981 FY, - Skip and Tom — attached is that portion of the Developers Agreement referencing "1981". William F. Ring O'Boyle Law,Firm 128-6 West Newport -Center Drive Deerfield Beach, -FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: -William -Ring Sent: Wednesday, April 12, 2017 3:12 PM To: Randolph, John C.;_ Baird, Thomas J: Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue Hello Skip and Tom: Happy Easter and Spring. Since you both worked on the O'Boyie Development Agreement with me, I wanted to let you both know that I was in Town Hall yesterday with new/revised plans for the O'Boyle House at 23 Hidden Harbour. 3 For the most part, everything went well with my meeting with Ms. Taylor and Mr. Thrasher and I obtained most of the sign offs/approvals I needed for the submittal to Delray Beach. We are hopeful to begin renovations soon and I am sure everyone will be happy to see the house look better. However, we did have a disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to provide me- with their blessing for the Dock. In that connection, attached pleased find -sheets A1.01 (Site Plan) and-A1.02_(Enlarged Site Plan). Generally, I believe its Ms. Taylor's position that the Dock width is limited to 5 feet by the current code. I believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve it (and the current code does not apply). I am requesting that you review the attached plans and the Development Agreement and advise the Town to provide me their approval for this Dock. The sooner the better. Thanks Bill Ring PS — I point out that Mr. O'Boyle may have to obtain a dock -building permit from Delray Beach and/or other approvals from the Army Corps or the DEP; so, the Town may not have any authority over the matter, but I would like to obtain their approval nonetheless. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Randolph, John -C. [mailto JRandolph a�j'onesfoster.com] Sent: -Monday, September -23,-2013 10:40 AM To: William Ring Subject: RE: developement agreement - oboyle Great! Thank you-. The original document will be delivered to me today for recording. John C. RaiiAotph Attorney Direct Dial: 561.-650.0458 1 Fax: 561.650.5300 1 jrandolph@j ones foster. com Flagler Center'I ower, 505 South Flagler Drive, Suite 1100, Fest Pain Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treastv-y Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be unposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any 4 5617it0188 Fix 0z:17:�zp,m, 07-A-20ij 16'22 35. Beilafig Envelope. i ne Da„alep, j gent Agiaement will: ja) Inalaae a barvey proviaed oy O'Boyle: which survey shall pruviae a buiring envelope for the Property (as designama by u'Bayle pursuant to tfle precool, g paragraph); and (bi allow me constru6d-on er lrrmproveme„ts within the area batwee, intsfccstal waterway, the private roads and the commen property lira to the west lry VVI i NESS WHEREOF, the undersigned have executed this Agreement as at July 26, 2013, TOWN -G F i �L-AM ey: ( � pvf By.- By: y: By: Commerce Group, Inc. Mart . O Boyle, PrU50811t N984AC Caravan, LCC RIB I E. O'Boyle, Member Airline HIgM., ,y, CCC Martin E. O'Boyle Managing Memoer p:1d� �„«nuuvi�oChgrbT3T.aeQe 15 Return to: (enclose self-addressed stamped envelope) Name: Address GFN 20130420056 OR BK 26343 PG 1285 RECORDED 09/9/2013 12:19:13 Palm Beach County, Florida Sharon R. Bock,CLERK a COMPTROLLER Pqs 11.85 - 1326; (42p9s) 1AND RECORTO: John C. Randol quire Jones, Foster, J on & Stubbs, P.A. Post Office Box 3475 PB, FL 33402-3475 WILL CALL #85 ��)� DEVELOPMENT AGREEMENT L THIS DEVpPMENT AGREEMENT is made and entered into this 17 `qday of S� 2Q13, by and between the TOWN OF GULF STREAM, a Florida municipal corporation (herein the "Town"), whose address is 100 Sea Road, Gulf Stream, Florida 33483, and MARTINOYLE ("Owner"), whose address is 23 North Hidden Harbour Drive, Gulf Stream, Florida 33 !Are RECITALS WHEREAS, the Tpowered and authorized to enter into Development Agreements in accordance Florida Local Government Development Agreement Act, Florida Statutes Section 163.3220-243 (2012) ("Act"); and Q WHEREAS, Owner filed an cation for Development Approval for a Level 3 Architectural/Site Plan Review ("Appl'ci") seeking permission to construct a new front entry feature to his existing residence located at 23 North Hidden Harbour Drive ( "Property"); and WHEREAS, the Town Manager, acting as the Zoning Administrator ("Administrator") determined that the proposed design of the new front entry feature would require four variances from the requirements of the Town's Code of Ordinances ("Code"); and WHEREAS, the Town Commission, sitting as the Board of Adjustment conducted a quasi- judicial proceeding, following which it sustained the determination of the Administrator that four variances from the Code were required, of which only one was granted ; and WHEREAS, Owner appealed the Town Commission's Final Order and subsequently filed a number of public records requests associated with the denial of the Application. NOW, THEREFORE, the Town and Owner, for $10.00 and other good and valuable consideration, including the terms and conditions of the Agreement, the receipt and sufficiency of which is acknowledged by each party, hereby agree as follows: Recitals. The recitals are incorporated herein and made a part hereof. 2. Current Zoning. The Property is located within the North/South Zoning District, Section 70-27 of the Code. 3. Future Land Use Plan Designation. The future land use designation of the Property is Single Family. 4. Land uses. The Property is an improved single family home with garages that was constructed in or about 1983. Book26343/Page1285 Page 1 of 42 5. Concurrency. The Property meets all applicable levels of service. t6. Comprehensive Plan Consistency. The Property's zoning is consistent with the future se designation of the Town's Comprehensive Plan. 7. rand Development Regulations. The land development regulations which shall be app to the Property are contained within Chapters 66, entitled "Zoning" and 70, entitled "Gulf St_re 6 Design Manual" of the Code. (a) Th5a, architectural feature shown on the entry feature as shown in the Plans (as defined in tttlement Agreement attached as Exhibit B) is not an "eave" and therefore shall not be subje e eave height requirements for structures pursuant to the Code. The result is that when thikode is properly applied to the Application no variance is required; (b) The he of the proposed entry feature for this two story structure is not subject to the eave height req ents contained in Section 70-100 (c) of the Code. Rather, the height of the entry feature fo structure is governed by Section 70-100 (a) (4) of the Code. Under a proper application o Code, the Architectural/Site Plan Application submitted does not require a variance; and a (c) With respect _ minimum front yard setback, a proper interpretation of the Code would be that this s c should be measured from the atrium (the wall and trellis system just north and east of front entry of the home) as shown on the Architectural/Site Plan because the atrium is pa home. More particularly, the beginning point of the measurement of the front yard setk should be the northernmost point of the atrium. When the atrium is used as the beginni int for measurement no variance is required because there is no encroachment. 8. Term. This Agreement shall 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 Book26343/Page1286 Page 2 of 42 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 ence shall not exceed two stories. resjl Un°e mendments. This Agreement may be amended by the mutual consent of the Town r. 11.ts. The Architectural/Site plan for the Property is attached hereto and incorporherein as Exhibit A-1. The Plans are attached hereto and are incorporated herein as Exhibit - The Settlement Agreement bearing even date herewith (and which is attached hereto as Ex ) shall be incorporated herein and be a part hereof. 12. Terminlon This Agreement may be terminated upon the agreement of the parties. 13. Successors i terest. This Agreement shall inure to the benefit of the parties successors and assid shall run with the land. 14. Recording. In acc rote with § 163.3239, Fla. Stat., this Agreement shall be recorded in the Official Public Rec and for Palm Beach County, Florida, within 14 days of its execution by the parties. D 1S. Governing Law. The lathe State of Florida shall apply. Venue shall be in Palm Beach County, Florida. 0— 16. Attorney Fees. In the even er of the parties must enforce the terms of this Agreement, the prevailing party shat itled 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. Buildine Envelope. Attached hereto and incorporated herein as Exhibit C is a copy of a Survey which Survey provides a Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O'Boyle (including his heirs, successors and assigns) may construct Improvements in the Building Envelope; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town. P/1101/C/C/R2012 08.27.13 Page 3 Book26343/Page1287 Page 3 of 42 NESS WHEREOF, the parties have hereto set their hands and seals this In day . 0 2013. I FORM AND CY -John C. Rar;A-TV WIT ES "4" m a Signature guttkl PE a.IIS __�ignature TOWN OFGU S E FLORIDA By: Mayor Attorney MARTIN E. O'BOYLE Print Name:..m0_.V'reJ+ W Vick - S P/1101/C/C/R2012 08.27.13 Page 4 Book26343/Page1288 Page 4 of 42 Town oGuA StreamCOP- l'Address: PART 1, APPLICATION REQUIREMENTS robe completed by Town Staff during pre.application conference. A. Review and Approval Processes O 0 1. N, Ocean Overlay Permit 0 9. Sign Review 0 2. Land Clearing Permit 0 10, Sile Plan Review, Level III (�1 D 3. Annexalion Review 0 11, Sile Plan Revision v 0 4. Comprehensive Plan Text Amendment Review 0 12, Special Exception Review 0 5. Dernottion Permit D 43. Subdivision Review 0 6. Fulure Land use Map Change Review 0 14. Valance Review 0 7. Administrative Appeal 0 15. Rezoning Review 0 8, Zoning code Tex(Amendment Review 0 16. (011W) ® B. Application Materials UOF E11NUq.MBER ES ,RED APPLICATION MATERIAL 1•, completed Development Application LZ Fee of + .+ - 17 O eral Location Map (on it, Plan) 17 an (2 full slie, 5 reduced to 11 x 17') 17 5. f� Elevellons 2 full size, 15 reduced') 17 6. FI (2 full size; 15 reduced') 17 7. Roof Pla size, 15 reduced') 8. PerspecCglor rendering (Recomm a ,meeting) 1 9, Drainage P e9er8 17 fD. Landscape Plan(, 5 reduced') it. Septic Tank Permit 12. OOT Driveway Permit (t on AIA, for any alterations to drive) 13. DOT Landscape Permit (A1A) 17 14. Survey (I 1" x 17") 15. Subdivision Plat i6. Concurrency Documents 1 17. ProDf of Ownership (warranty deed) 1 i6. AgenlAffidavl 1 19. List of Adjacenl Pro arty Owners Envelopes 20. Properly owners within 25'1300' (slemped addressed envelopes, no return address 1 21. Propprty Owners Alfidevil I Set 22. Photos of Exislfng Home (tf ap kaWe) 1 23. Consbuction Traffic Management Plan 24. 'rw I t: wnore mutuple copies or a orawmg are regwreu, two copies snap oe an utrgnrar run size (2411 x 36") drawing which Is signed and sealed. All other copies shall be reduced to 11" x 17", Please refer to the Instruction for more detailed information. Appeaaft for DewbpnrenlApprovat FormA0A3MO Page 1 Noveoarer mol Book26343/Page1289 Page 5 of 42 Town of wf Stream TOWN OF GULF STREAM Q APPLICATION FOR DEVELOPMENT APPROVAL This form is to be used for all development review app Architectural Review and Planning Board, Board of Ad (menjns to be heard by the Town of Gulf Stream plsbrlenl, arhtVa ToNm Commission. To complete the form property, please Farrow the accompanying Tom of Guff Stream krshucdOn Manual forAppficalfon for Development Review Form Failure to cbmPlete this form property will delay Its consideration. ® ARPB He To bgfedbyaQappAcanls. PART It. -GENERAL INFORMATION -spmple A. 'Oct Information I,A1. wner Name: MARM N O rDYIE 0 IA2 P as.. I.A3. Project_ a 96ct Description: 110, I.A.4. Proie ",wl• Vr FtIVW -V ft.t.V. Vilni NEW I�atSIbe ttf3NT5 . I.A.5. Square Footage of New Sl Addition: 4 T - DIT DROAl Architectural Style A {QVIVAL W. Check all that appty.yArchil lan Review D Land Clearing O 'North and Overlay (complete se n 9) of Structures 0 Non-residenlial u s Vali ca (Complete 8eCW Gj )Spec I E e ' plate section F) I.A.7. (a) Proposed F.F.E.: NO (}}A i � QB Type of Foundation: JaM W -Tl Nc B. Owner Information I.B.1. OwnerAdidress: MrrfilR 610V I.B.2. Owner Phone Number: C15 -5W-1� Fax.q54-?odJ-0801 I.B.3. Owner Signature: C. Agent Information �, I /� ���"� I.C.I. Agent Name and Firm Name:: V � ,r La` AN6 eDA(Im Axop , I.C.2 Agent Address: �Z�n 1y.IVGvfU1V ,LK-lJF• I ��r If ��2�� I.C.3. Agent Phone Number: (o �?��2 '1 •u' . T�J7 Fax��lpV• ��%� I.C.4. Agent Signature: Pre-App Dale: Omciewsmi 1CM 7— ARPB Date: APP Date: Recommendation; Com Dale: TC Dale: Decision: Application for Development Approval form ADA2000 revised 6/13100 Page 2 Book26343/Page1290 Page 6 of 42 Town of Guy Stream PART IA, PROJECT DESCRIPTION AND JUSTIFICATION brief be completed by a8 eppNcanfs aBerAre aAPllcatiorr conlbrence'oh Town Staff, Plesss be concise but brief. Atfeclr oddrlional sheets only when necessary and be sure to include Me appropriate and complete gcWon.number for each response. A• Project Description and JusWicatlon O IIIA 1. In what zoning district is the project site Ioaaled? (� IIIA.2. Is the project compatible with the intent of the zoning district? Yes q No ° Explain. ON (N 5 WITH Orurr15 IMI ocosnn�IIIA3. Is the prDJeaenl ve0ithe Future LaL�fL Use Map an � Objectives and policies of the ® Comprehensrve pian? ❑ Yes OND Explain. f'kQ(�' S -gyp P� t�pl�fSTHtsT. III.A.4,ow Ingress and egress to the property to be provided? �i CK jq N /n01 IIIA.S. How are tin ' as to be a. Stormwater Nb f.F b. Sanitary Sewer c. Potable Water d. Irrigation Weler a. Electricity f. Telephona 0 g. Gas h. Cable Televicrnn �5n III.A.6. If the project involves the erei consistenl with the criteria in sheet if necessary.) to the properly? structures, please describe how the shurbraes are the Town of Gulf Stream Code. (Attach additional I ADDf RO{J� rtt 7105 f�f'fFif�Vl!-Dlt� t MAV?5 JI_�brl'>,Pl4fillbl� I�ifikE'fH�PR�Fr!RRRED �•(?;cG'IkQAI., £�'Y[K 0?✓-f�i� 2D�IIt Df`nWCI �} t�yNPli1 WITH01)"415W ROFeNT" PART IV. ADDITIONAL INFORMATION Seaton A is to he completed by aff appkants after1n.application conference With Town staff. Answering "Yes" to any question in Section A requhs the completion of additional Sections as indicated. A. Additional ApprovalslRequirements IV.A1. Does the projecj IOvolve land area within Ogy feet (50') of the AIA (North Ocean Boulevard) right-of- way? 0 Yes rANo (if "Yes", section 8 of•Ihis pad must be completed.) IV.A2. Does the project involve the demolition of one or more structures?Yes ❑ No (If "Yes", section C of this part must be completed.) IVA.3. Does the project Involve the clearing or fdOng of any portion of an 9xis& vacant lot or more than filly percent (50%) of the landscaped area of a developed lot? Oyes No (If "Yes", section D of this pad must be completed.) IVA.S. D s the project require approval of a Special Exception? Yes ❑ No (If "Yee.'section, E of this part must be completed.) IV.A.6.,IsIhe project at variance with any regulations contained In the Zoning Code? Ayes ❑ No (If"Yes", section G of this part must be camplated.) Applicatlon for Development Approval FormADA32000 Page 3 Book26343/Page1291 Page 7 of 42 IV.8,4. Hoye-ioe design consistent with the'A1A Landscape Enhancement Project? W.B.S. What is proposed so that the dtslurbanceladdition has the least impact possible to the visual and aosthWgu of the North Ocean Boulevard Overlay Diskicf:, -C. Projects Requiring &Dem ti it' 8M IT When are the existing strucl be demorished? W1� lYUT I5 D15TAIWED IV.C2. When are the proposed,struc constructed? W" PEWIT 15 bSTA INED IV.C.3. What is the landmark status of the s to be demolished? K(1r D. Projects Requiring a Land Clearing Permit W.D.I. Describe tiidse vegetal'ive materials of 8 inches In diameter and greater to be North Ocean Boulevard Overlay District N.D.2. Describe the need and justiflcallon for the removallratocallon; IV.D.3. Now is the removal from the project silo of vegetation to be mitigated: IV,0.4. How are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and consirklien activities and thereafter? IV.D.5. What replacemenl materiels are proposed? Application for Development Approval, Form ADA.32000 Page 4 February 2002 Book26343/Page1292 Page 8 of 42 Town bf Gulf Stream B, Projects Requiring North Ocean Boulevard Overlay Permit W.B.I. What significant landscape features or architectural features are to be disturbed or added and to what extent? Q IV.B.2, Describe the need and jusliticallon for [lie disturbanceladdition: . I11.13.3. WIN the dislurbanceladdition destroy or seriously impair visual relationships among buildings, landscape features and opan spans, or introduce incompatible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay District? /O Yes No Explain; IV.8,4. Hoye-ioe design consistent with the'A1A Landscape Enhancement Project? W.B.S. What is proposed so that the dtslurbanceladdition has the least impact possible to the visual and aosthWgu of the North Ocean Boulevard Overlay Diskicf:, -C. Projects Requiring &Dem ti it' 8M IT When are the existing strucl be demorished? W1� lYUT I5 D15TAIWED IV.C2. When are the proposed,struc constructed? W" PEWIT 15 bSTA INED IV.C.3. What is the landmark status of the s to be demolished? K(1r D. Projects Requiring a Land Clearing Permit W.D.I. Describe tiidse vegetal'ive materials of 8 inches In diameter and greater to be North Ocean Boulevard Overlay District N.D.2. Describe the need and justiflcallon for the removallratocallon; IV.D.3. Now is the removal from the project silo of vegetation to be mitigated: IV,0.4. How are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and consirklien activities and thereafter? IV.D.5. What replacemenl materiels are proposed? Application for Development Approval, Form ADA.32000 Page 4 February 2002 Book26343/Page1292 Page 8 of 42 t �ccant tPECI Rt , zNA RM9. >~ Projects Requiring a Special Exception. W.E.I. Is the proposed use a permitted spatial exception use? �/ IV.E,2. flow Is the use JAY% D No Code Section: designed, located and welfare, and morals w5 beprotected?proposed to be operated so Ilial the public heath, safety, o ELTENHAN16N (� IV.E.3. VAp the use cause substantial jn u v be located? D Yes ! ry to the vnry� oilier properly in the ne b No Igh orhood where tl is to plant. �RE�� ��uE Ham' F IN E -0"—, IV.E.4. HowwII the use be c is to be located? compatible with 64011ing development and the character of the District where it IC fY U A' Nw IST' IV,E, andscaping and screenfn 1 � ltkiN ZQJ' -1bZS1- jsjr (fgg eo ). IV.E.6. Does the "t'i located? d ai applicable regblations governing the District wherein It Is to be F. Non•Residential Projects and Res IV.F.I • if common area feccllittes are to NyN6 -f- AVara them and how they are to be maintained. IV.F.2. If recreation fadlities are to be provided, describe them and their potential impacts on surrounding . properties. IV.F.3. For each of the follaWrIg. Isl the number provided and their dknensions, Loading Spaces; Standard Park 'mg Spaces; Small Car Parking Spaces: Handicapped Parking Spaces; DrlvewayslAisies; Appitcalion for Development Approval Form ADA.32000 Page 5 Book26343/Page1293 Page 9 of 42 6W Ai.—5ETWK. : t '-•• vueglt �• Projects Requiring a Special Exception• . N.Ei. is the proposed use a� . Permitted special a 6eplion use? IV.E,2, Hovy is Yes 13 No Code section: j use designed, located and welfare, and morels>ViH be protected? ProAosed to be operated so that the Public health, safely, "NA �FF - $tJ7 f7JHAts�ESa �N (�1 'V -E-3. Wel Ice use cause subsianyaf iryury to the vdve otolherproperty be foaled? p Yss � in the ne ° k hborhood where it is to Explain. (�' ����� AMAM40E H CED BUtc.DIN -0WITH NI�rf� D. ®N.E,4. How wiry the use be is to be located? cempabble wM ad,,lning developmerg the character of _ the District where it IRIS WILL X412 TO VQ 5 9 A NM TRANCE N.E. 0 sca W 'n9 and CEJ. screening are provided? N —Dj o TD i�1HD — 15 N.E.6. Does the, totaled? [3lh alt apprcable regulations governing the District wherein It is to be Explain. $ � . i t�Y OLD Dc uNDEQ T. V� �UN� .TttGGC.rrlmne. A -14 F. Non -Residential Projects and Re- N.F.I. if common area fadHges are to Of Greater than 2 Units Them and how they are to be maintained. 10.2. If recreation facilities are to be provided, descnbe them and their potential Impacts on surrounding Properties. IV,F.3. for each of the following, list the number provided and their dimensions, Loading spaces: Standard Paddng spaces: Small Car Parking spaces; Handicapped ParkingSpaces: Ddveways/Alslee: Applicalbn for Development Approval Form ADA.34DO Book26343/Page1294 Page 5 Page 10 of 42 " Tbwn'ofGulf Stream JWIANCE -Z1'-PftWK G. Projects Requiring a Variance (code SKIM 66-150 through 157) , IV.G.1. From what specific Zoning Code regulation is a variance requested? —1b - 10D lF SAVE 15 V -i " A LowflC, i1'wouLD PNYSIGALI V NFLICT WITH zlNfa ftFTRL6 O IV.G.2. What does the Zoning Code require (or this specrlic site? 7H,r Piyoffl) NTj2/ we fwyeE is W11t•IIN.-ra 50` HE16HT ,t�U,DIIIIAi�i(}Et Ui"Ttl� VE WOu a -o r bM `- f 3/#"Tb coM PLy. IV.G.3. What Is proposed? F,VE �� ICU. N I HT IS oK. 3 iV.G,A. What is the total variance requested? FitM2�✓'0" t ( 0176.5. The following 6 mandatory variance findings from Section 66-154, musr oe addrested:-i[Atlach additional sheet if necessary.) at specific conditions and circumstances exist which are peculiar to the land, sUudure,.or building olved and which are not appili;able to other lands, structures, or quildings In the same zoning t ftF UNF BUILT (2) Did the �rglftions and circumstances result from the actions of the applicant? Yes (3) Will grantingconfer upon the appligant any special privilege that is decd by the Zoning Code to•other ildln2s, of structures In the same zoning dlsidd? Yes No Explain:r I ( I til O ft t (4) How wauld a Oleral interpretatt L ms of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by olh (he same zoning district under the same terms of Ole ordinance and work unnecess drdship on the applicant? THIS HD17� bf—'SIAN is RN QF N AESTKTICAU4 ENHANCED WINDNT MATINPOTEMAL LOW06 r AND RURTtHO THE APPL)�i MdE H05E (5) lathe Variance requt=tl fg pste minimum variance that makes possible the reasonable use of the land, building or structure Ye J No Explain: MINIIUIOM YAR1A969 n t-SRAW1 a AM400` (6) Will granting the variance permit any-prohlbited use to be established or re-established: Yes No (7) Is the requested variance consistent wi oafs, policies, and objectives of the future Land Use Map of the adopted Comprehensive Plan? Ya No (8) Will the variance be in harmony with the general intent and purpose of the Zoning�nce and not be In)urious to the area involved or otherwise dotrimenlal lo.tfre�pnu�Ui`lonwelfare? Yes No Explain:_ it EMAN04144E APf'EVi'Frr1VI ANQ I�SC.IZL�t� TN l5 • qN D NIr �l2 $V �(�PF'�4.h1 VALyt�S. -Application for Development Approval, Form ADA.32000 Page Feb6ary 2002 Book26343/Page1295 Page 11 of 42 Tbwrt'ofGulf Stream Vh1�iNCC"rj,�C, G. Projects Requiring a Variance (code Section 66-150 through 157) IV.G.1. From what specific Zoning Code regulation is a variance requested? _ 1 -14 2nffiok p iV.G.2. What does the Zoning Code require fa this specific site? 2YBAC'K. � Rpm. "VFEPTIW11 tDT UNE Tl "EFF C7"iVE" j;p1 Wr`t ° #A5 6-H"�r E�DKNI T}�oy& 4 HOI� AND ROAD AgE TIE mE IV.G.3. What Is proposed? ..SGL t�[ 1/f !SLf OF TN IS PME._ �W.G.4. What Is the total variance requested? &LAIE V ENCKOPCHMEW VaITH 1: ENCRDOT. I ..5. The following 6 mandatory variance findings from Seclion 66-154, must a addressed., Atttach additional sheet ifnecessary.) speft conditions and circumstances exist which are peculiar to the land, siructure,.or building ed and which are not appllbabie to other lands, structures, or qulldings In the same zoning u - (2) Did the s (Rons and clrtxrmstances result from the actions of the applicant? Yes No (3) WM granting nfer upon the appiteantany special privilege that is de9bd�by the Zoning Code to other I tidings, orstrUCures In the same zoning district? Yes No Explain: V4RF" i�GG LAN60W WAb 644 6% AU, (4) Haw would a literal Interprelalio ovistons of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by other s in the same zoning district under the same terms of the ordinance and work unnecessa ardship on the applicant? L NDEP, THE ULD PUC NEW ftftDK MVIEFISUM NT WK. A5 II'8't_,_EVE RMH NOTNI% Iia P{�Y51C ULA NNE1Eb. (5) Is, the Variance reque"e minimum variance that makes possible the reasonable use of the land, building or structure? kXW No 1. rrr� C LOT t �r11 fry Explain: UNM E OU) QM Eff3 'rIVG LO WNE kljl6 tfft-10 ` WOULD @Dt`MRAM I %D6 MINIMAL- WRON Hes (5 APf9Dx. AD I/ FW Pfl*K-Nf. (6) Will granting the variance permit any -prohibited use to be established or re-established: Yes (7) Is the requested variance consistent wi goals, policies, and objectives of the future Land Use Map of the adopted Comprehensive Plan? Y No (6) WIII the variance be in harmony with the general intent and purpose of the Zoning gfdiNnce and not be Injurious to the area Involved or otherwise detrimental lo.the public welfare?e j No Explain: 1T WU ENHAWE APORAN& A4 FE t!Dn ATIBLE WITH THE NEIRB09HPOD. Application for Development Approval, ram ADA.32000 Page 6 February 2002 Book26343/Page1296 Page 12 of 42 -OHERE 15 AN CxISTIN6 ATRIUM THAt EXTENM i l FROM THE ftNT Ra Or -THE HWX,IHAt WILL BE WOO a CJD REPLACED M AN "NCE MMW VATEXT W6 Ot4LI 2` FkM IW FONt fAC�`DF �a 0 Book26343/Page1297 Page 13 of 42 ruwn or dolt slream H. Projects Requidng Rezoning IV -HJ. What Is the Future Land Use designation of the project site? Q WH.2. If lha project involves a rezc Comprehapsive plan teal chart � a an Code text change, Fpfure Land Use Map change, Jusfl(capan for Ute request Y combination thereof, please desah the need and 0 PART V. OPTIONAL INFORMATION This enfrra actor all appbWS add analreleva Mp!lcants are encouragedgan, but not mq+rired, to Provide any fire other materials the P*ct fhet was nbt coverod elewhera on this form ora, any of the appkatw. APPPication for Development Approval Form ADA.2000 revised tY0l00 Page 7 Book26343/Page1298 Page 14 of 42 ��/��a/xo��i ire+new " s, ar rw.c sa..ms .,o��c.....nrcn ... ,s, nu.ss wr mw" cu..,, rosx_sK,r,. n...wn��m x as.c. Esc � s ��s uoc��.r+i. +��,. Ns ��.c nn*c+ ra,x.i w rwxK w..vn u."....c. snrs ��... n ..u.��e��rcc. t*thlf A " Z I ............ \ . .... \ I ... . ... .. .. _ ..... .: . ... I ..... \ I DEVELOPMENT APPROVAL SET 1-15-2013 D a��ga$i��� 9; ill Imm n a o n s g $���� S��p�� Book26343/Page1299 Page 15 of 42 N ° F. c o £ 6 3 L 3 �,1 Y .g o° C W xY B F o a4 2�iV-4i� 3q T Uw iLL 9e�$A£ O — 0 V V Q "O�� zF �ag$ •y�gy3a13 Y 6Z - Q Q "4. a=? - : e O s W .^. �' :� 'ialh€88 �i 21111 n g - '` _ a a •¢ £TOZ-ST-T 13S IVAO'dddV 1N3WdO13A3O I ;I I I L ..............I................._ ..... _.I ! _ a --i I ... I.. aI ,• x e, •vie.oea si �x� suLix,+e...m0• s0a+.xOs Man.] n ix]ixu.] :.].sax. ]rs ircxs+. �x]mv] .ms w ttn ruin w mi..nOroa]x x!....ss0a .x. 0]+a]s.a ]u..ix>e +- axi ss.»xx.e+vrex .Oa•ms >een.] ao •�a]a0M 00: s0�]x [IOL/01/i Book26343/Page1300 Page 16 of 42 �� Y. Y . b Ca yk y i GR K $ ,2 ��, Fj��.gip p` Z V Q F psp x838��3C7E 213rd' g a: U Q ga $" SR^`g A & wtipsGpsgqppCei y oG LUQ g O8$Si� 3c a_ '� " ' ETOZ-ST-T 13S 1VAO'dddV LNaWdO-UA30 Zi N Book26343/Page1301 Page 17 of 42 W z z W ��REn q !�� . . am ��W��N _ || ���| mm& _b O U�a3; , ,S\�� � % o !����� n \ < !|| ` J |\|� � /2Zgx 13s anoa � i ao a k � LU k LU k�� � ,| A BOOk26343/P8g8]302 Page 18 of 42 Y W LU z3 Z LL @� Cp: U N Qa $'txR- i OCH c� i y ep33`¢�5 u Q "s :$:: E _ O w £TOZ-ST-T 13S IVAO'1ddtl 1N3Wd013n30 MR �9 s. "— sw.ms e—, n ..— .v... s....s.—..s.+.. s..1 r. es...n n..na..ow... w....nso..., H•Hss. �a..i— "I "' .uv-., ,..o. sarws I—. m ,.Haan. 1.211s.,..=: Book26343/Page1303 Page 19 of 42 of MR �9 s. "— sw.ms e—, n ..— .v... s....s.—..s.+.. s..1 r. es...n n..na..ow... w....nso..., H•Hss. �a..i— "I "' .uv-., ,..o. sarws I—. m ,.Haan. 1.211s.,..=: Book26343/Page1303 Page 19 of 42 (n kill yy gg I�Q b i '7b ¢ g�ggggyiy O kA gag Q o �I ► __ J I I ► i4L! LI 530Vd 'Sll YOOG 1V7 J i�---- Q OM1 1V7d &noHNVH / 107 N300 /H ti Z 107 _ 110 7 1-9 y ► I IJIM,l=$ I � �• II I I � a 1 ` 1 I I §i / �. I ► 4 p O I / e � I I I 9 1 0 7 I QZ e Book26343/Page1304 Page 20 of 42 5617370188 Fax fl, kbef 02:15:19 p.m. 07-26-2013 2/22 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (Agreement) is entered into, by and between 0 the l �s listed on Exhibit A in the column titled "PARTIES" (hereinafter collectively referres "Plaintiffs") and the Town of Gulf Stream, a municipal corporation of the State of whose address is 100 Sea Road, Gulf Stream, Florida 33483 (the "Town") and icuted by the Town and the Plaintiffs this 26 day of July, 2013 (the "Effective Datelohe Town and the Plaintiffs shall be collectively known as the "parties" a WHEREAS, it eslre of the parties to this Agreement to resolve all disputes, appeals and pe ' litigation relating to the cases referenced in the column titled "CASES" on Exhibit "A" ached hereto (the "Cases"); and WHEREAS, on behalf o laintiffs, Martin E. O'Boyle (O'Boyle) presented to the Town Commission a proposala 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: Book26343/Page1305 Page 21 of 42 5617370188 Fax 02:15:31 p.m. 07-26-2013 3/22 i. The Town recognizes that the Plaintiff O'Boyle believes that the Town did tcapply a correct interpretation of its Code of Ordinances (the Code) as it pertains to orm Hidden Harbour Drive, Gulf Stream, Florida (hereinafter the "Propert)") and the��ovements on the Property (hereinafter the "Improvements"). In particular, PlaintiBoyle argues that the Town did not correctly apply its Code with respect to his requ 4Development Approval for, inter alla, a Level 3 Architectural/Site Plan (the Applicatand such other permissions, approvals, interpretations, clarifications and authorizatio&elating to the Property (the "Approvals") to demolish and construct the Improvementstt�e Property as contemplated.. The ieern "rmprvverviw4 a 2. The Toonizes that its interpretation of the Code, including, without \\ J limitation, the current s4_k regulations established therein may not enable the Plaintiff O'Boyle, or a subsnt purchaser to rebuild or renovate the Improvements, Including, without limitation, the i"; or enable O'Boyle or a subsequent purchaser to demolish the Improvements,i ,without limitation, the home and construct Improvements, including, with=, anon, a new home. Accordingly, in order to resolve the Cases between the Plaintiffs and the Town, the Town agrees that the lot coverage, floor area ratio, height, and setback of, inter alfa, the home's entry feature shall be permitted in accordance with the plans submitted with the Application (the "Plans") (which Pians shall be substantially the same as the Plans), which Application and Plans shall be an exhibit to the Development Agreement (time "Development Agreement"). The purpose of the Town's adoption of the Development Agreement is + As usep 11V Vne Sp-itierKen.4 A Mmemt Sir -All 41so imcWee -fir e - i ry pro�Pinetits -� be co�.�t-ruc.�o aN � Pra�/if � . 2 Book26343/Pagel 306 Page 22 of 42 5617370188 Fax 02:15:43 p.m. 07-26-2013 4122 permit, inter alis, the floor area ratio, height of the home's entry feature, and front tback in accordance with the interpretation advanced by O'Boyle counsel in the 0 ent portion of O'Boyle's Petition for Writ of Certiorari. The Development 0 Agrnt will also recognize that the Property's (including its Improvement's) setbacks will not7 easured from the point of measurement currently established in the Code; but will b ured in accordance with the actual Property lines for building purposes among other Poses. It is also the purpose of the Development Agreement to facilitate the Plai or subsequent owner's demolition, rebuilding or renovation of the 0 Improvements, inc without limitation, the existing home, or the construction of a Improvements, includi4jw,ftut limitation, a new home. The Development Agreement shall be substantially in form provided for in Section 163.3220, Fla. Stat. The Development Agreement shclude terms customarily used in the Town (but adapted to reflect the agreements of 4�arties as contained herein). The Development Agreement, among other thing allow the Plaintiff or a subsequent owner to demolish, rebuild or renovate the Improvements, including, without limitation the home P g, , 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 Book26343/Page1307 Page 23 of 42 5617370188 Fax 02:15:55 p.m. 07-26-2013 5/22 e Property as set forth in the Application; and such other terms which are customary Development Agreements in the Town for similar type Properties and improvements 0 plated under the Application. The Town agrees to execute the Development 0 Agr tt as soon as practicable within Florida Statutes, but in no event later that 60 days fre date of this Agreement. 4. ✓✓� Town agrees to waive any fees the Plaintiff might normally incur which are ass#ed with the Development Agreement, the Application, the Approvals and any fines ori;-essments resulting from any violations existing at the Property, 0 including, without li n, the alleged violations set forth on the attached Exhibit B. a 5. Intention ted. 6. Upon the e*ion of this Agreement by the Plaintiffs, the Town agrees to pay O'Boyle $180,000.0" readily available funds by Federal Wire Transfer pursuant to Wire Transfer Instru as designated by O'Boyle, which wire instructions are attached as Exhibit C. 7. Upon execution of th areement, the Town agrees that O'Boyle can proceed to improve the Property in accordance with the Application and to promptly provide O'Boyle with such Approvals as necessary. 8. Upon the execution of this Agreement, the Plaintiffs shall dismiss with prejudice the Cases. 9. Upon execution of the Agreement, O'Boyle shall promptly (a) remove all signs from the Property other than approved address signs, and (b) within twenty days 4 Book26343/Page1308 Page 24 of 42 5617370188 Fax 02:16:07 p.m. 07-26-2013 6/22 emove all murals on the exterior of his home and return the color of the paint on the V�+e to the color that existed previously. 0 10. Plaintiffs agree that upon execution of this Agreement, all pending public 0 rece0quests made to the Town shall be deemed withdrawn. '*' In the event any of the Plaintiffs or the Town are required to enforce the terms oft reement, the prevailing party shall be entitled to recover its costs and reasonable aty fees through the appellate level. 12. RELEA (A) The Plaintiffs Release of the Town. On the Effective 7a Date ,the Plaintiffs sh to and deliver a general release in favor of the Town, which release is attache"hibit "D1" attached hereto (the `Town Release"). (B)Town's Release of Plaintiffs. On the Effective Date, the Town shall execute andr a general release in favor of the Plaintiffs, which release is attached as Exhibit`2"-attached hereto (the "Plaintiffs Release"). 13 Representations and Warranties of the Plaintiffs. Each of the Plaintiffs represents and warrants to the Town as follows: 5 Book26343/Page1309 Page 25 of 42 5617370188 Fax 02:16:16 p.m. 07-26-2013 (a) that the representing Plaintiff has not sold, assigned, transferred or erwise disposed of any claims that any of the Plaintiffs had against the Town before a ective Date; �a ( that the Plaintiffs each represent that they have the full right, power, legal capacity aority to enter into this Agreement and to consummate the transactions described in tf greement as they apply to such Plaintiff; and (c) this A,"�ent has been duly and validly executed and delivered by the a Plaintiffs and constitute" 1, valid and binding obligation, enforceable against the Plaintiffs in accordance w`, terms. 14.. Representations Qwarranties of Town. The Town represents and warrants to each of the Plaintiffs ws: ZL (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; Book26343/Page1310 Page 26 of 42 7/22 5617370188 Fax 02:16:25 p.m. 07-26-2013 8122 (b) that the Town has the full right, power, legal capacity and authority to er into this Agreement and to consummate the transactions described in this O meet; and ( this Agreement has been duly and validly executed and delivered by the Town and utes a legal, valid and binding obligation, enforceable against the Town in accordance Its terms. 15. (a) Each of the "ills covenant and agree not to institute any litigation or arbitration against the Town *� rhy matter or thing which is within the scope of the Town Release, as attached as10 (b) The Town covenants a�agrees not to institute any litigation ation 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 Book26343/Page1311 Page 27 of 42 5617370188 Fax 02:16:34 p.m. 07-26-2013 9122 greement shall survive the consummation of the transactions provided for in this reement a 17. Indemnification. The Plaintiffs, jointly and severally, agree to defend, a indepffi and hold the Town harmless from and against and in respect of any and all claims,, losses, liabilities, taxes, damages, deficiencies and expenses (including reasonabl eys' fees) of any kind or nature (collectively, "Town Claims") which the Town may s sustain or become subject to by reason of, arising out of, or in connection with the inaccuracy or breach of any of the representations and warranties of the11 set forth in this Agreement; and (b) the breach by any of the n -s0 Plaintiffs of any provi*&,�venant or agreement contained in this Agreement or any document, instrument or *ment contemplated hereby. 18. Indemnification. 1 7, Town, jointly and severally, agree to defend, indemnify and hold the PlaintiffsZamages, from and against and in respect of any and all claims, suits, losses, liabilities, tax deficiencies and expenses (including reasonable attomeys' 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. Book26343/Page1312 Page 28 of 42 5617370188 Fax 02:16:45 p.m. 07-26-2013 10/22 19. Notice of Default. No default shall have occurred under this Agreement until defaulting party shall have been given 10 -days written notice to cure. If the cure is 0 that is will reasonably take longer than 10 -days and the defaulting party is 0 purTr�jg the cure with diligence, then time within which to cure any such default shall be such period as may be necessary to complete the curing of the default, providing _"genc f 20. No Third third -party benefici anyone other than the Town Release. and continuity are being used. This Agreement shall not create rights in any confer any benefit upon or enforceable rights hereunder upon a the "Releasees" in the Plaintiffs Release and/or the 21. Further Coo erat he Plaintiffs and the Town agree, at any time and from time to time after the date heon reasonable request, to perform, execute, acknowledge and deliver all such fu er 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 M Book26343/Page1313 Page 29 of 42 5617370188 Fax 02:16:57 p.m. 07-26-2013 11 122 il s therefore, agree and consent that the remedy of specific performance should be ed in any proceeding which may be brought to enforce any party's obligations this Agreement without the necessity of proof that such party's remedy at law is ina te. Such equitable relief shall not be the aggrieved party's sole remedy but I shall belddition to all other remedies available in law or equity. 23. Volunt=rExecutlon of AcireemenIlez t Each of the parties affirms that they are represented by cel in this matter, that they have read and fully understand all of the terms of this Agree ri and that they are entering into this Agreement voluntarily a without having been th d, coerced or intimidated into the signing of this n Agreement. It is further a that no provision of this Agreement shall be construed presumptively against any Q 24. Headings. The heand sub -headings contained in the titles of this Agreement are for convenience only: scall 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. Book26343/Page1314 Page 30 of 42 5617370188 Fax 02:17:07 p.m. 07-26-2013 12/22 Successors and Assigns. This Agreement shall be binding upon and inure to the efit of the parties and their respective heirs, successors and assigns. No party hereto assign its rights or delegate its obligations under this Agreement without the express p o ritten consent of the other parties hereto. Nothing in this Agreement, express or im T. is intended or shall be construed to confer upon any person, other than the parties heir respective heirs, successors and assigns, any remedy or claim under or by r V of this Agreement or any terms, covenants or conditions hereof. All the terms,a ts, conditions, promises and agreements contained in this Agreement shall be f" sole and exclusive benefit of the parties and their i�SpcvtiVe heirs, successors* ssigns. 27. Notices. All notice sts and demands to or upon the parties hereto shall be in writing and shall be dee"ave 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 Book26343/Page1315 Page 31 of 42 5617370188 Fax If to any Martin E. oB Commerce Gro 1280 West Newt; Deerfield Beach, Facsimile: 954 02:17:19 p.m. 07-26-2013 13/22 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Facsimile: 561-737-0188 Jones Foster Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 John C. Randolph, Esquire Facsimile: 561-650-0465 Drive With a copy to: `s William F. Ring, Jr., Esquir� Commerce Group, Inc. 1280 West Newport Center;�te��. Deerfield Beach, FL 33442 Facsimile: 954-360-0807 28. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs or photocopies of this Agreement with all signatures reproduced shall be considered, for all purposes, as if it were an executed original counterpart of this Agreement. 12 Book26343/Page1316 Page 32 of 42 5617370188 Fax 02:17:29 p.m. 07-26-2013 14122 29. Entire Agreement. This Agreement contains the entire agreement of the Q s with respect to the matters covered and the transactions contemplated hereby. Nofication or waiver of any provision of this Agreement shall in any event be n the same shall be in writing and signed by the party to be charged, and then such"_er or consent shall be effective only as stated in writing. MI 30. SeVMblIi application thereo� this Agreement, or th4 which are held invalid or If any term, covenant or condition of this Agreement or the to any extent, be invalid or unenforceable, the remainder of of such term, covenant or condition other than those rceable, shall not be affected thereby and each term, covenant or condition of thisment shall be valid and enforced to the fullest extent permitted by law. 31. Upon execution of tlement Agreement, the Town agrees to dismiss with prejudice the asserted violation"tforth 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 Book26343/Page1317 Page 33 of 42 5617370188 Fax 02:17:39 p.m. 07-26-2013 15/22 greements, or any part thereof, O'Boyle and the Town agree that they shall each use r best efforts to vigorously defend any such actions. Q 34. Apology The Town recognizes the stress and strife that the O'Boyle fam s endured as a result of the Town's conduct. The Town recognizes that the O'Boy a ane has a value well in excess of $1,000,000, but is uninsurable against wind because o non-existence of proper protection, which would have been part of the Improvementsi_.ralled by O'Boyle had the Town not initially denied the Application. The Town is indt to O'Boyle for the many deficiencies in connection with the Town code that he has id d since his submission of the Application. The Town Commission believes o oyle's actions will ultimately result in Gulf Stream being a better and friendlier place_ 35. Reservation of Ws- Notwithstanding language in this Agreement (including the attached Release ., yle reserves all rights and remedies related to any claims which he may have relate=thent ope and size of Improvements which may be constructed upon the Property, to 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 Book26343/Page1318 Page 34 of 42 5617370188 Fax 02:17:52 p.m. 07-26-2013 16122 Building Envelope. The Development Agreement will: (a) include a survey Q ided by O'Boyle, which survey shall provide a building envelope for the Property (as de is°ted by O'Boyle pursuant to the preceding paragraph); and (b) allow the constrTa'common n of Improvements within the area between intercostal waterway, the private roads property line to the west F IN WIS WHEREOF, the undersigned have executed this Agreement as of July 26, 2013. BY:_i q , "o- ,r Y By: ja E. O'Boyle By: Commerce Group, Inc. Mart' O'Boyle, President By: N984AC Caravan, LLC Ma n E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member p;Wocsh 31471000131doc:11 gr6737.docs 15 Book26343/Page1319 Page 35 of 42 5617370188 Fax 02:18:01 p.m. 07-26-2013 17122 EXHIBIT "A" CASE NO. 4 �' Judicial"Circuit I ach County, Florida PARTIES SUBJECT 5020 06750XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #332 502013CA"O V25XXXXMBAH Commerce Group, Inc. vs Town of Gulf Stream PR #000 502013CA0 84XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #343 502013CA008MBAA N984AC Caravan LLC vs Town of Gulf Stream PR #340 502013CA008594 MBAG Airline Highway LLC vs Town of Gulf Stream PR #341 502013CA008452XXXW BAG Martin E. O'Boyle vs Town of Gulf Stream PR #336 502013CA008919XXXXMTtk N984AC Caravan LLC vs Town of Gulf Stream PR #351 502013CA011120XXXXM6 ertin E. O'Boyle vs Town of Gulf Stream PR 4363 502013CA011122XXXXMBAI E. O'Boyle vs Town of Gulf Stream PR Signage 502013CAO11411XXXXMBAJ E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Ma E. O'Boyle vs Town of Gulf Stream PR #407 502013CA011416XXXXMBAO Martin oyle vs Town of Gulf Stream PR #408 502013CA011417XXXXMBAD Martin E 1e,vs Town of Gulf Stream PR # 409 602013CA011421XXXXMBAG Martin E. a vs Town of Guff Stream PR #410 502013CA011423XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR # 411 502013CA011424XXXXMBAE Martin E. O'Boyle vs Town of Gulf Stream PR #412 502013CA006388XXXXMBAY Martin E. O'Boyle vs Town of Gulf Stream Certiorari US District Court Southern District of Florida 13 -CIV -80530 Middlebrooks/Brannon Martin E. O'Boyle vs Town of Gulf Stream Injunction Declaratory Jud ment p:Wocs1131471000131docll gq 1763.do cx Book26343/Page1320 Page 36 of 42 5617370188 Fax L.X�1ibi�' B 02:18:14 p.m. 07-26-2013 18/22 Artic .173 Town Of Gulf Stream 100 Sea Road ' Building planning and Gulf Stream, FL 33483 ' Zoning Department per. wi6 O CODE ENFORCEMENT SPECIAL MAGISTRATE Fax TOWN OF GULFSTRmw, FLORIDA CASE NO: CE ,i13 STATEMNT OF VIOLATION AND NOTICE OF IHARING Pursuant to section 2-75 of the Town of GulfStreum Code of Ordinance, the undersigned he notice of uncorrected violation(s) of the Town of Gulf Stream Cadc(s) more particular taein, and requests a PUELIC HEARING before the CODIrOg�� ISTRATS of the Town. J Location/Address where violation s Q ()exist(s): 23 hidden HarbOur Drive 2. al'Description• IAt: 5 Hidden Hart, . our Estates 3. d address oro— 'y gives .,scribed $CIAL i -Person rn charge where violation(s) wi t(s): NorE. 0' Hid 0 4. Vial awe Code Sectiid (s) end description(s): li mrilt3-Sign p d st=ainted an S ns• �g K Sec. 60"+ its MW gn not listed i an N sir Sec. 70-106(b is approved colnrs far be RB Pitted. iiria sign not listed. e ttis Spanish Me-literrm�ealr struct�Yr ' &colors in exter i= wa rE _s -+ s x� Quire a Ievel 1 Architectural/Site Plan Review; i�h cr�ps these { (MATTACHED " OF VIOLATION') 5• Date of Firsttion.Faxedtade on 5- - Refused to accept nand delivered no ce 5-1-13 ' 6. Date owner first notified a hou(s): opted notice =accept: Tarn gall on 5-8- 3! Was ven 48 'Wbich was 7. Date on/by, which'violations are to be corrected: is thhaa rnng—�. o 3, 2013 rag via fax. sent •*******M**wssw*«****rtM***IMPORTANTNOTICE*******r.**►++rt**y**r**+*. i f Unless the violator corrects the violations) described heroin by the date set forth ab d CONTACTS TBE UMMSIGNED CODE INSPECTOR AT 56 ate 5 I sAND eri COMPLIANCE with Urs Town Codes) cited herein, NOTICE IS HERBY GTi/EN TL_ PUBLIC HMILING WILL BE CONDUCTED for the above rei'ereaced Stream Coda Enforcement Speaia] Magistrate on 6-4-I3 propdriy before the To Of aulf as the case can be heard in the Town Hall Co at 2 P.M. oraesoon hereaftei Stream; Florida, mmrssroa Chamber located at 100 Sen a�, Gulf YOU ARE RE ' QUIRED TO APPEAR BHFORE THE SPECIAL answer allegationa that MAGLSTRATE et a to I4mo ,to .v .. Towu•af Gulf S you have violated the above cited sect Ow Af the Code of brilinaa of the solely upon Presentation y owa�Code JATTEND, the Special Magistrate may base his/h ,fsndip i Tis f - WiAiam Ii: Tiutrsher, own Manager Town of Gaff Stream Book26343/Page1321 Page 37 of 42 5617370188 Fax 02:18:32 p.m. 07-26-2013 19/22 YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (56 1) 276-5116 ON OR BEF DES flD THAT THE PARCEL OF REAL PROPERTY OWNED SY THIS 1N THIS N07TCB IS NO LONGER RE O YOU ARE IN VIOLATION OF TOWN CODES A REINSPECTTON. THAT (� IF THE VIOLATION(S) LS/ARE NOT CORRECTED IN THE TIME v CORRECTION, OR IF 1? VIOLATION(S) IS/ARE CORRECTEDS CASE MAY BE PRESENTED TO AND 11M EC FOR (TI). THE THE SPECIAL MAGISTRATE EVEN IF THE IiAVI BEEN CORRECTED PRIOR TO THE SPECIAL, MAGISTRATE HEARING. IFYOU FAIT, TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRE' ENFORCEMENT SPECIAL, MAGISTRATE BY MECODE THAT THE PARCEL OF REAL P SCRIBED HERE N AND OWNED BY YOU CONTINUES TO BE IN VIOLATION. 0 ESUMED RTYY ho Special Magistrate fmtls that you have comm fitted a violation, he/she may order CO LIANCL� with the Code and if you fail to comply with such order ¢;OIA se : ; erein, hewithin the time. eriod can IMPOSE A FINE OF Up •TO 3?i4.00 PER DAY for n n -compliance. each violation ' IF th is successful in prosecuting your case before the Special Ma ROD P Magistrate, FINES BE THE 5PI?CIAI, MAGISTRATE SUCH FINES SHALL CON 'A ON ANY PERSONAL PROPERTY OWNED BY YOU. FAILURE.TO PAY SUCH FDM CAN RES FRRECLOSURB AND COLLECTION ACTION BY THE'TOWN, If you disage 'sion of the Special Magistrate, you may appeal to thb CIitCU PALM BEACH within 30.DAYS atter the S ectal Ma ' 1T COURT OF P gustratds Order is entered, IfYou wish to have 1 Magistrate RECONSIDER your case for any reason or i yo APPLICATION AND tiB°� and you wish to request a REDUCTION IN APPROPRIATE FEE MUST BE SUBMITTED TO THE ' GULF STREAM FOR CH RLQUF,ST S..ALL )tEQillltEMNTS FOR SUCH MUST BE MET FOR MAGISTRATE TO RECONSIDER YOUR CASE. If a person decides to aPP� ion made by the Special Magistrate with respect to a considered at subject mcetin need a record of the Prot eedings, and•for strcit.ptr may need to ensure that a v a rd of the proceedings is made., upon which non testimony and evidence upon w is to be based (FS 286.0105). PLEASE GOVERN YOURSELF ACCORDINGLY, By: R3tn L Taylor, Tawn rk Town of Gulf Stream 100 Sea R.ond Gulf Stream,.FL 33483 .(561)276-5116 Me Was an WN OF matters se, they Book26343/Page1322 Page 38 of 42 5617370188 Fax 02:18:48 p.m. 07-26-2013 20/22 WAW Itillig Wiring Instructions: Branch Banking and Trust Company 300 Summers Street o Charleston WV 25301 F, outing # 051503394 IC merce Realty Group Inc unt # Robert Boder Phone: 304-341-1043 Book26343/Page1323 Page 39 of 42 5617370188 Fax Exhibit "D1" 02:18:54 p.m. 07-26-2013 21/22 RELEASE p This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given Plaintiffs (collectively the "Releasors') to the Town of Gulf Stream and its employees and e d a8d appointed officials (collectively referred to herein as the "Releasees"). UXconsideration of Ten Dollars ($10.00) and for and other good and valuable consider , the receipt and sufficiency of which is hereby acknowledged, and intending to be legally hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties,.c ants, contracts, controversies, agreements, promises, variances, trespasses, damages,' d , extents, executions, claims, and demands whatsoever, in law, or equity, which Releasor d , has or may have, arising from, related to or in connection with the Cases and the matters co ed in this Agreement. Notwithstanding anything herein to the contrary, this Release does n ude and specifically excludes all obligations Releasees have to the Releasor under that ent Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agre end arising under all instruments and documents delivered or executed in connection in furtherance of the Settlement Agreement. Releasors and theirfive agents, attorneys, shareholders, officers, directors, employees, heirs, executors, tors, personal representatives, successors and assigns are I by ties Release. 1 his R shall inure to the benefit of each of the Releasees and their respective heirs, executors, adminiors, successors and assigns. This Release is governed byall be construed in accordance with the laws of the State of Florida. �Islgned �IN SS WHEREOF, the have executed this Release as ofthe day and date first bove_ E. O'Boyle Commerce Group, Inc. =ent By: N984AC Caravan, LLC artin E. O'Boyle, Member By: —LY --Ll Airline Highway, LLC Martin E. O'Boyle Managing Member Book26343/Page1324 Page 40 of 42 5617370188 Fax 02:19:09 p.m. 07-26-2013 22122 Exhibit "D2" RELEASE This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given WWII of Gulf Stream on behalf of itself, its employees and its elected and appointed collectively the "Releasors') to the Plaintiffs (collectively referred to herein as the itis deration of Ten Dollars ($10.00) and for and other good and valuable considerate receipt and sufficiency of which is hereby acknowledged, and intending to be legally boun he by, Releasors hereby releases and discharges of the Releasees from all actions, causes of acti its, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, cove contracts, controversies, agreements, promises, variances, trespasses, damages, judgme ents, executions, claims, and demands whatsoever, in law, or equity, which Releasors ha or may have, arising from, related to or in connection with the Cases and the matters con this Agreement. Notwithstanding anything herein to the contrary, this Release does not ' IRn.d specifically excludes all obligations Releasees have to the Releasor under that Se ement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreeme d arising under all instruments and documents delivered or executed in connection with n furtherance of the Settlement Agreement. Releasors and their resive agents, attorneys, shareholders, officers, directors, employees, heirs, executors, adin tors, personal representatives, successors and assigns are bound by this Release. This Releasinure to the benefit of each of the Releasees and their respective heirs, executors, adminis successors and assigns. This Release is governed by an s�be construed in accordance with the laws of the State of Florida_ IN WITNESS REOF, the undersigned have executed this Release as of the day and date first written ab, e. By: ` - ayor Book26343/Page1325 Page 41 of 42 U 3 nn C..• `�'aa c��n eea9 g• e'� q 5 A A C A 9 7iRg a �a`s�e 6 � a ee�b;h Qi 02� lit �tls I Ya��bi�.4i�� z Q 0 cj v � b � m � ° •. o °wow° V I I 00 as I f \ > f----- --- b V• I I i�l1 T L1 53Vd V [.' •m f ON.1 1" 'J 7d 2f /l08F1 N N y 1 0 7 vi 0 s4i•�, bD 4 .0 Q m cu h cv CJ O w. y • �a ¢ V ludto iv 14 c � I �Q a3 '" � •O � ry � � cl U, I is � o > o I zQ�?ado I r M Q � � ►7 O M. N'.Tr�AC7LLM; Book26343/Page1326 Page 42 of 42 D Leach, Janet C. From: William Ring <wring@oboylelawfirm.com> Sent: Wednesday, June 14, 2017 12:48 PM To:. Randolph, John C. Cc: William -Ring Subject: 23 Hidden Harbour - Dock —Gulf Stream Attachments: img20170412162847.pdf This message originated from outside your organization Skip: Following up on my previous emails, we need to get an answer on the proposed Dock. The other permits are winding their way through -Delray Beach, and I would like to resolve the Dock issue soon. As I mentioned before, I believe the proposed Dock fits within the terms and conditions of the Development and Settlement Agreement and the Town should approve- it (and -the current code does not apply since it did not exist in 1981). So that its handy, attached is that portion of the Settlement Agreement referencing the 1981 date. Thank you for previously sending to me the September Minutes regarding the Development Agreement meeting. Although I do not think the meeting minutes are necessarily meaningful, I point out the July Settlement Agreement meeting minutes discussed 1981 date as the date of refere-nce. We believe the Dock will be beautiful. I am hopeful that you can speak with someone at the Town and get their "ok" on the proposed Dock plan. Thanks Bili Ring William F. Ring O'Boyle Law Firm 1286 `,Nest Newport Center -Drive Deerfield Beach, FL 33.442 954-570-3510 (ph) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 4:26 PM To: Randolph, John C.; Baird, Thomas J_ Cc: William Ring Subject. RF deve-lopement agreement - choyle - 2017 Plans - Dock Issue - 1981 FYI - Skip and Tom — attached is that portion of the Developers Agreement referencing "1981". William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 -954-570--3510 (ph) 954-3Z8-43-83 (cell) From: William Ring Sent: Wednesday, April 12, 2017 3:12 PM To: Randolph, John C.; -Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue Hello Skip and Tom: Happy Easter and Spring. Since you both worked on the O'Boyle Development -Agreement with me, I wanted to let you both know that I was in Town Hall yesterday with new/revised plans for the O'Boyle House at 23 Hidden Harbour.. For the most part, everything went well with my meeting with Ms. Taylor and Mr. Thrasher and I obtained most of the sign offs/approvals I needed for the submittal to Delray Beach. We are hopeful to begin renovations soon and I am sure everyone will be happy to see the house look better. However, we did have a disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to provide me with their blessing for the Dock. In that connection, attached pleased find sheets A1.01 (Site Plan) and A1.02 (Enlarged Site Plan). Generally, I believe its Ms. Taylor's position that the Dock width is limited to 5 feet by the current code. I believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve it (and the current code does not apply). !-am requesting that you review the attached plans and the Development Agreement and advise the Town to provide me their approval for this Dock. The -sooner the better. Thanks Bill Ring PS — I point outthatMr. O'Boyle -may -have to obtain a dock -building permit from Delray Beach and/or other approvals from the Army Corps or the DEP; so, the -Town may not have any authority over the matter; but I would like to obtain their approval nonetheless. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL33442 954-570-3510 (ph) 954-328-4383 (cell) From: Randolph, John C. [mailto•3RandolphCcbjonesfoster.com] Sent: Monday, September 23, 2013 10:40 AM To: 'William Ring Subject: RE: developement agreement - oboyle Great! Thank you. The original document will be -delivered -to me today for recording. Johrr C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolph@jonesfoster.com Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. Treasury- Regulation Circular 230 .requires us to advise you that written conuntuiications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please inamediately notify us by email and delete the original message. 5617370188 Fax 02:17:39 p.m. 07-26-2013 agreements, or any part thereof, O'Boyle -and the Town agree that they shall each use their best efforts to vigorously defend any such actions. 34. A]MG-10-gy. 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 $1,900,000, but is uninsurable against wind because- of the non-existence of proper protection, which would have been part of the Improvements installed -by O'Boyle had the Town not initially denied the Application. The T own is indebted to O'Boyle for the many deficiencies in connection with the Town code that he has identified since, his submission of the Appiication. 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 limitab n, the home on the Property was originally issued, which date I approximately 1981. Notwithstanding the provisions of this Paragraph 35, O'Boyle shall not construct a home (or retrofit -the existing home) on the Property so that it is more than two stories. 14 15/22 Randolph, John C. From: Marty O'Boyle <-mob.oyle@commerce-group.com> Sent: Wednesday, June 28, 2017 4:04 PM To: IrL-aylor@gulf-stream.or-g' Cc: Randolph, John -C.; William Ring; Brenda -Russell Subject: FW: development agreement - oboyle - 2017 Plans - Dock Issue - 1981 Attachment,: 06.19.2017 Rita Taylor.pdf This message originated from outside your organization - Rita — please see below and attached. The attached was apparently (and — if so — inadvertently) not sent to you on June 19, 2017. - Nonetheless, I wanted you to have the letter. Needless to say, if not received by you, I would like to apologize for this "slip up". Thank you for understanding. PS I am s cording a co artesy -ropy of tc'.- is email is Mr. Randolph. Martins E. O'Boyle, Commerce- Group, Inc 1280 W. Newport Center Drive Deerfield Beach, FI. 33442 Direct Dial: 954-570-3505 Fax: 954-360-08-07 Cell: 561 213 3486 E-mail: mobovle(cDcommerce-groupcom Web rage: www.commerce-group.com From;- William Ring Sent: Tuesday, June 27, 2017 5:07 PM To: 'Randolph, John C.' Cc: William Ring;-'.00onncr, Joanre M.' Subject- ;%E, develcpem 4_agrE.,pc--nt - ob..;%le - 2013 lel<':ns - Occk issue- 1981 Skip Attached is a leliter dated June 19, 2017 from Rita Taylor to Marty O'Boyle regarding the approval of the pians for the outdoor areas (beck, dock pool, and other outdoor areas at 23 Hidden Harbour. I wantedto make sure you had a copy. Per Ms. Taylor's -request, this afternoon, I submitted to the Town (Trey Nazzaro and Rebecca Tews) an Application for the outdoor areas (under protest with reservation of rights) along with 4 Copies of Sheet A102 Enlarged Site Plan showing the outdoor areas. I mentioned to both of them that I thought they should speak to you a -bout this Application. When can I expect to hear back from you/Town re: the approvals? Have you made any progress on your research? V. , U1 Thanks Bill Ring William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield -Beach, FL 33442 954-570-3510 (ph) 954-323-4383 (cell) From: Brenda Russell Sent: Wednesday, June 21, 2017 1:44 PM To: Marty O'Boyle; William Ring SulsjecL Rita Taylor letter of 06.19.17 responding to MEO's of 06.16.17 regarding Plans/Application - Project #1101 Brenda A. Russell Executive Assistant Office of Martin E. O'Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell(@,commerce-group.com 2 COMMERCE GROUP ■ c A 1 ■ mobovl eocommerce-group.com Direct Dial Telephone #954-570-3505 [D95oo874.DS2] June 19, 2017 VIA E-MAIL: rtUlorCa? f-stream.org TELEPHONE #561-276-5116 Town of Gulf Stream soo Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Re: Pians — O'Boyle Home — 23 North Hidden Harbour Drive, -Gulf Stearn, FL (the "Premises") Dear Ms. Taylor: Earlier today we hand delivered -to you aletter relative to the captioned Premises. I understand that Bill Ring spoke to Skip Randolph=last week; -and Mr. Randolph mentioned that there was never any application made to the Town for a dock or a - pool. As I understand it, the application was not made for two reasons: L You said -that you were flatly denying the plans_ applicable to the exterior; 2. Since the Agreement that governs the development far our utilization of the property provides that we are only subject -to codes'in place as of 1981, to our knowledge; there were no requirements applicable to pools or decks on that date. Consequently, therewould be no need for an application. Of course, if what we say in the_ ist sentence of this numbered paragraph two (2) is not correct, please -advise with the authority upon -which you rely. The above aside, if you feel that you do need an application, we are willing to oblige such a request, with the understanding that we will be doing it under protest and reserving all our rights. Please let us know in that regard. P/1101/C/CC/2017REN0VATI0N www.commerce-group.com TEL 954.360.7713 • FAx. 954.360.0807 1280 WESTNE%vporT CENTER DRIVE, DEERFIELD BEACH, FLORIDA 33442 Rita L. Taylor, -Cleric Jun&ig, 2017 Page 2 Rita, as always, your kind cooperation is -appreciated. Sincerely yours, Martin E. O'Bte Enclosure cc: John C. Randolph, Esquire — E -Mail William F. Ring, Jr., Esquire — E -Mail RECEIPT OF LETTER ACKNOWLEDGED Rita L. Taylor Date: P/13.01/C/CC/20i7RENOVATION COXEMERCE GROUP moboylena commerce-group.com Direct Dial Telephone #954-570-3505 [DS5oo858.DS2] June 16, 2017 VIA TELECOPY #561-7�7-0188 VIAE -MAIL: rta lY or(@gWf-stream.org And Hand Delivery TELEPHONE #.61-276-116 Town of Gulf Stream loo Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Re: Settiement Agreement Between the "PARTIES" -(as defined therein)- and collectively referred to as "Plaintiffs" (as defined therein) and The Town of Gulf Stream, a municipal corporation of the State of Florida dated July 26, 2013 (the "Settlement Agreement") Dear Ladies and Gentlemen: Reference is made to the caption. As you -know, William Ring, Esquire (on behalf of Martin O'Boyle) -submitted certain plans to the Town of Gulf Stream (the "Town")- on or about April 11, 2017 for certain renovations and improvements to his home (the "Plans") at 23 Forth Hidden Harbour Drive, Gulf Stream, Florida _(the "O'Boyle Home"). It is my understanding that the Town approved _the Plans; except, the Town withheld approval to certain portions of the Plans related to the pool and/or the deck and/or. the dock (the "Outside Area"). My understanding is that, since that time, inquiries have been made to the Town relative to my request to approve the Plans for the Outside Area. So that it is convenient, a Schedule of the Plans which were submitted is attached to this letter. P/ iio 1/ C/CC/ 2 o 17RENO VATION www.commerce-group.com TEL 954.360.7713 • FAx. 954.360.0807 1280 WEST NEWPORT CENTER DRIVE, DEERFIELD BEACH, FLORIDA 33442 Rita L. Taylor, Clerk June 16, 2017 Page 2 Given the passing of time; given that the Town has not approved the Plans for the Outside Area; given that the Town has provided us no reason therefore; and -given the specific language of Paragraph of 35 of the Settlement Agreement, we request that the Town now provide the approval of the Plans for the Outside Area. In connection with the above, we advise the Town that this letter is being sent in accordance with, inter alia, Paragraph ig -of the Settlement Agreement; and we furtheT- advise- the Town that should they disregard their obligations _under the Settlement Agreement, that the undersigned intends to take such appropriate action(s) as necessary to enforce the terms of the Settlement Agreement and allow the undersigned to complete the renovations and improvements to the O'Boyle Home. We regret having to send this letter; and we hope that the Town does not find it as being inflammatory; however-, given the -passing of time, we feel that we have been left with no choice. The above aside, we look for a prompt and amicable resolution, with the result being a "happy ending" for all. Thank you. Sincerely yours, LL), -LP o Martin E. O'Bo le Enclosure cc: Jones Foster Johnston & Stubbs, P.A. w/ enclosure 505 South Flagler Drive, Suite noo West Palm Beach. -FL 33401 Attn: John C. Randolph, Esquire. Via Facsimile #56-1-650-0465 Via E -Mail: jrandolph(@jonesfoster.coln Via UPS Delivery William F.- Ring, Jr., Esquire — E -Mail w/ enclosure P/1101/C/CC/2017RENOVATION z O r¢ U z w f` O N U U Zr �� 'i ~ o v N � a o z C7 N~ N H ui Q� 0 vl I a<NNNNNNNNNNNrINn n r,n W W W I--� m . 4 .-i ri .-i .-i ,-i,4 ti ri r i . i . i ,-i .4 ,-i ,-i LL GR9a' Id44 4 4 l 4 l -m J 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 -O 00 LU Z N r, nn N i\nnn n -M IlN n i\i\ W M�I¢�����NNNN,.N e -i rl ri- +i N ri '-1 ri .-i 'i- -i ri ri ri ri ri 'I LU - QalZ000�0000000 i I I I, C 00d'ti'dvd'ttcl"�d�*g v0 C 000000000 .-ioo 0 0 00 C i B i _ Ui vl iA I�! vl t�/ 11 vl to f�/ Ul mN p '� N y N N N N N U N U G1 V N U N U N U N U N U N U w c-6 t L L L L - d u ii+a+ u 2 ¢ 2 ¢ 2 ¢ u. ¢¢ 2 L UL V U U U U U U U U V L_ ¢¢ ¢Q¢ i¢¢¢¢¢¢¢¢¢¢¢ ¢¢¢¢¢¢¢¢¢¢a Lr)U) " cn u V) u Ln - a'nL7-U)0U1 NU"cnU,fncn CUU -U UU UUUUUUUUUUUdwww ww 0 I n Ul �-I U) J p W:3Z .i -j o y v-1 z D W C7 F- >- w U J eo �z g z�zz Lr)z >Ungo zz � g 000 � � n zz ¢ g N�� a iP (D �"J"ceaz-ja gm� 1 �t ~ap g ��wp>JOZZQiuO� �w�i�-Omu-c7° U y pl = I� uJ-a�n¢Wi; z w o w U r- z - u O �g� W pF-w-W �Ed0m0—b �m�owGovi¢ LU 0 Lu LU --w�w- (D E io i(n m►-' co OcnO p0CYWG LU LL-0c�e p ++ LU W�� Z Z. � - J Lu z Z J OUO CL UJ UCL �I <Uwu ., z r9 a {ce - ., z m yOi I I - = O OI- I w U LU a Er .O m -m mm - -� InI NNN NNNNN N N N'ON(\ m O Q 0 n o col Nn z!0 Z`mmmmmmrnrno)m0)C) O O O -O O. O- O O O- O O r -i y -i ,-i e -i .-i mQ - 0 0 0 0 0 0 0 0 0 0 0- -1 _- N N- N N N- J 'fl N N N N N N N N N N N i 0 Oz 0 m O O) O m O 0) O O rq O o 00 Zi i Fi r -f .N -i ,N -i- .N -i rN-1 OFI O Z Q f�l = ¢ .-t 0�- i 0 N C +-i 0 .-i � i 0 .-i C r q .-i 00 N ¢ ¢ W Z. -i. D¢¢¢¢¢¢¢l¢¢ -t,4 N M'� m 10 N N Z O.11 Lb LL r -I pR �� m W� 0 - iNM 1-1-l" z O r¢ U z w f` O N U U Zr �� 'i ~ o v N � a o Leach, Janet C. From: Sent: To: Subject: Attac hm eats : fyi JN,SOTER. _—a�---�_ • Ft9HAti 1 ]ti nc n"Pi�n3t1; Ls_ -OConnor, Joanne M. Wednesday, May. -09,2018 12:23 PM Randolph,- John C. FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Settlement Agreement.pdf; Exhibit D - Draft Plan for Proposed Dock.pdf Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 1 Fat: 561.650.5300 1 j oconnorQj ones foster. corn Jones, Foster, Johnston & Stubbs, P.A. Flagler Center 'Power, 505 South Flagler Drive, Suite 1100, Fest Palm Beach, Florida- 33401 561-659-3000 1 www.lonesfoster.com Incoming emails are filtered -,which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by. email and delete the original message. From: Scott Morgan <scottmorgan75@gmail.com> Sent: Sunday, May 06, 2018 8:13 AM To: Trey Nazzaro <TNAZZARO@GULF-STREAM.ORG>; Bob Sw.eetap-ple<rsweetapple@sweetapplelaw.com>; OConnor, Joanne M. <JOConnar@jonesfoster.com> Subject: Fw: re Proposed. Settlement Agreement - Gulf Stream/O'Boyle et --al This message originated from outside your -organization From: Martin -E. -O'Boyle Sent: Friday, May 04, 2018 4:54 -PM To: scottmorgan75 gmailxom Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT DEAD BY MARTINO'BOYLE — ATTACHMENTS NOT REVIEWED BY MARTIN O'BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1. A copy of the Settlement Agreement, which I am currently prepared to sign. 2. A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from :vhat was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and -the dock. Additionally, -we have added individual signature lines which were previously offered by -Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a "new Settlement", the Town could certainly approve it. fn connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A "records request" confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room.behind-my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this: Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss Scott, I know you want your lawyers to review the documentras they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration.- Note: onsideration_ 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 --all or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center -Drive Deerfield Beach, FI. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo(a)-commerce-group.com Web Page: www.commerce-group.com From: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April. 30, 2018 -11:52 -AM - To: -Martin E. O'Foyle<meo@-commerce-group.com> Subject: Re-: O'Boyle - Settlement - G-ulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind.you and Sheila but were directed down the o-pposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they'll follow up. Scott From: Martin E. O'Boyle Sent:. Sunday, April 29, 2018 2:59 PM - To: scottmor4an75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott — below is the email that I just sent you. When dictating, sometimes (and for reasons I --don't understand, portions get "r -un over". No matter, I have added the missing words in highlighting. There is nothing material. I await your response. Scott — I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn't work out, so I now send you this note. I am preparedtofinalize the Settlement -Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the `settlement agreement, i will include a pa-ragraph which will, it essence, tell the Town to "cut it out" and let me finish my house as I plan, all of which -I'm permitted to do under the existing deal. If necessary, I will -send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that "what is necessary" is to get -done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until -near -or -after the end of May. My current thinking is to tender the document in a way to give you time to -get the proper signatories, consistent with the listthat Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settiementand may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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, Leach, Janet C. From: OConnor, Joanne M. Sent-- Wednesday, May -09,2018 12:21 PM To: scott=morgan75@gmail.com; Robert Sweetapple; Trey Nazzaro Cc: Randolph, John C. Subject. RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al 1- am out tomorrow and Friday but available .for a call this afternoon if that would be helpful before Friday's meeting. Copying Skip as he is far more in the loop than me on the house/dock issues. I do note that Rivas just filed -another motion to withdraw yesterday-, referencing Jonathan O'Boyle's ability to handle the case and the fact that O'Boyle is no longer returning his calls. And DeSouza- is moving to enforce his acceptance of a $90,000 proposal for settlement made by Marty after Marty -came up with a number- of after -the -fact conditions etc. Joanne JE FOSTER Joanne M. O'Connor Florida Bar Board Certified Business Litigation !Attorney Telephone: 561.650.0498 1 Fax: 561.650.5300 1 joconnor jonesfoster.com Jones, Foster, Johnston & Stubbs, P. A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.corn Incoming emails ate filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged you received this in error. If so, any review, dissemination, or copying and confidential. If you are not the intended recipient, of this email is prohibited. Please immediately notify us by email and delete the original message. From: scottmorgan75@gmail.com <scottmorgan75@gmafhcom> Sent: Wednesday,_ May 09, 2018 12:15 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com>;-Robert Sweetap-ple<.rsweetapple@sweetapplelaw.com>; Trey Nazzaro- <TNAZZARO.@GULF-ST_R EAM.O RG> Subject: Fw: re Proposed Settlement Agreement- Gulf Stream/O'Boyle et al This message originated from outside your organization Please see Mr. O'Boyle's email below. From: Martin E. O'Boyle Sent: Wednesday, May 09, 2018 12:05 PM To: scottmorgan75(cbgmail.com Cc, William Ring ; rtayloNZ)gulf-stream.orq ; Martin E. O'Boyle Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will -be the same Settlement Agreement which I sent to -you by email on May 4, 2018 at 4:54 PM, this time with t -he Exhibit D attached. As applies to the Exh[bit D, Exhibit D deals with "getting my house done"; and nothing on the Exhibit D should cause the Town any consternation,- in that, -to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the "2013 Agreement"); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. -1 am sending you this email -in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature livres and the new -Paragraph 17 dealing with getting my house done. In my transmittal (when I send the -signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with -disfavor, I would suggest that the Town "ink up" any changes thatthey wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests -of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I'm sure would like to see this journey end. Thank you for your consideration. Note: This email was prepared- using dictation software. As a result, there may 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, FI. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo(a)commerce-group.com Web Page: www.commerce-group.com From: Martin E. O'Boyle Sent: Friday, May 04, 2018 4:54 PM To:'scottmorgan75@gmail.com' <scottmorgan75@gmail-com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al SETTLEMENT AGREEMENT For and in consideration of good and valuable consideration, the adequacy and receipt of which are acknowledged, MARTIN O'BOYLE and the TOWN OF GULF STREAM and each Releasor (as defined below), agree to the content of this Settlement Agreement. 2 Each individual or entity in each of the Cases (-listed on Exhibit "A" hereto) is shown in the column on Exhibit A titled "Releasing- Plaintiff' (each such individual or entity in the column on Exhibit A titled Releasing Plaintiff shall be referred to in this Settlement Agreement as a "Releasor"). The term "Cases" shall mean individually and collectively those Cases listed on Exhibit "A" hereto. MARTIN O'BOYLE, individually and on behalf of each Releasor, and the O'Boyle Parties (as defined below), fully and forever- hereby irrevocably discharge and release The TOWN OF GULF STREAM, its present and past Commissioners, employees, Manager, attorneys, agents, consultants, vendors, contractors, consultants, insurers 'and successors and assigns (individually and collectively the "Gulf Stream Parties") from the Cases but limited to the claims actually asserted by the applicable Releasor in the Cases (listed on Exhibit "A" hereto). As used in this paragraph, the O'Boyle Parties (as defined below) does not include Citizen's Awareness Foundation, Inc. 3. To the extent that The TOWN OF -GULF STREAM has, had, may have or may have had explicit or implicit authority, on behalf of itself, and its present and past Commissioners, employees, Manager, attorneys, agents, consultants, vendors, contractors, insurers and successors and assigns-, together with any party listed on exhibit B who has executed exhibit B (individually and collectively the "Gulf Stream Parties"), The TOWN OF GULF STREAM fully and forever hereby irrevocably discharges and releases the O'Boyle Parties (as defined -below) from each and every action, cause of action, lawsuit, appeal, post judgment proceeding, claim for attorney's fees, claim for costs, claim for Sanctions (as hereafter defined)_ (whether requested or imposed), public records request, claim for any award, loss, damage, judgment, remedy, or relief whatsoever in law and in equity, including each and every ciaim- arising under local law, state law, federal law, the Florida Constitution, and/or the United -States Constitution (collectively "CLAIMS") which the Gulf Stream Parties ever had, now has, can or may have against any of the for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement. The term "O'Boyle Parties" when used in this Settlement Agreement (unless otherwise stated) means, individually and collectively: (a) Martin E. O'Boyle (sometimes referred to as "O'BOYLE" -or "O'Boyle"); (b) Airline Highway, LLC; Asset Enhancement, Inc.; EG Acquisition Company, Inc.; Commerce GP, Inc.; Commerce Group, Inc.; Commerce Realty Group, Inc.; CRO Aviation, Inc.; Our Public Records, LLC; Stopdirtygovernment, LLC; Public Awareness Institute, Inc.; and Citizens for Open Government, LLC (c) and Citizens Awareness Foundation, Inc.; (d) SLO lb Hidden Harbour, LLC; (e) the "O'Boyle Requestors" (as defined below); and (f) all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, heirs and assigns of all of the above individuals and all parties listed in subparagraphs (a) though (e) above, including, without limitation, all present and past directors, shareholders, members, officers, employees, consultants, vendors, agents, attorneys, partners, -2 - insurers, successors, heirs and assigns of all of the above individuals and -all parties -listed in subparagraphs -(a) though (f) above. Notwithstanding anything to the contrary in this Settlement Agreement, the term "O'Boyle- Parties" shall not include Denise DeMartini, Daniel DeSouza, and DeSouza Law, P.A. 4. The Gulf Stream Parties fully and forever hereby irrevocably discharges and releases: (a) Jonathan O'Boyle; Esq.; (b) Giovani Mesa, Esq.; (c) Nicklaus Taylor, Esq.; (d) Ryan Witmer, Esq.; (e) William F. Ring, Esq.; (f) The O'Boyle Law Firm, P.C. (the "OLF ") and (g) all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of the OLF (individually and collectively "O'Boyle Attorneys") from all CLAIMS which the Gulf Stream Parties ever had, now has, can or may have against the O'Boyle Attorneys, including, without limitation, any claims and other matters arising from their representation of O'Boyle Parties, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and the Gulf Stream Parties also hereby knowingly waives all such CLAIMS; except that, in the event that any of the O'Boyle Attorneys seek in the capacity as a litigant, any form of judicial or other relief against any of the Gulf Stream Parties (each individually and collectively referred to as a "New Attorney Lawsuit"), then this paragraph will not prevent, limit, reduce, or -otherwise hinder any of the Gulf Stream Parties in its rights or ability to defend itself and to: assert all defenses in any such action brought by any of the O'Boyle Attorneys. - 5. The TOWN OF GULF STREAM and O'BOYLE will file promptly stipulations for the dismissal with prejudice of the Cases (the "Dismissals") in the appropriate court to secure a final order of dismissal of each case with each party to the Cases to bear its own attorney's fees and costs, even if a party is otherwise entitled to seek attorney's fees and costs ("Costs") from another under a fee or cost shiffing provision. All sanctions claims made, ordered, or granted, 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 Ag=reement issued, the TOWN OF GULF STREAM hereby waives payment of all Costs and Sanctions ("Sanction Payments"). The form for the Dismissals is -attached -hereto as Exhibit "B". 6. This Settlement Agreement amounts to an immediate written withdrawal of each and every public records request unfulfilled as of the date of the execution of this -Settlement Agreement to the TOWN OF GULF STREAM by O'BOYLE, a relative, employee, associate, agent, an entity which is controlled by -O'Boyle or attorney of O'Boyle, but only to the extent that any such party was acting on behalf of O'Boyle- (collectively "O'Boyle Requestors"). The withdrawal of the public records requests referred to in the preceding sentence shall not apply to the public records requested in existing lawsuits that are not referred to in Exhibit A. -.3- 7. In the event that any O'Boyle Requestors submit a public records request to the TOWN OF- GULF STREAM (pursuant to F. S. Chapter 119 ("1-19"), 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 OF GULF STREAM ("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 Requesters and the TOWN OF GULF STREAM will be governed by Chapter 119 of the Florida Statutes ("Chapter 119"). . The TOWN OF GULF STREAM and O'BOYLE have read this Settlement Agreement with the assistance of counsel and understand its terms, obligations, operation, and effect. The TOWN OF GULF STREAM and O'BOYLE acknowledge that their entry into this Settlement Agreement shall not be deemed or considered to be any admission or acceptance of blame, liability, or responsibility. The TOWN OF GULF STREAM and O'BOYLE 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. 9. The TOWN OF GULF STREAM and O'BOYLE 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. 10. 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 OF GULF STREAM shall be made to the Town Clerk at the official address for of the Towr► of Gulf Stream, 100 Sea Road, Gulf Stream, FL 33483. Notice to O'BOYLE shall be made to Martin O'Boyle (with a copy to William F. Ring, Esq. -4 - at 1280 W. Newport Center Drive, Deerfield Beach, FL, 33442. 11. 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 TOWN OF GULF STREAM and O'BOYLE consent to the exclusive jurisdiction of the Circuit Court for the 15th Judicial Circuit for the State of Florida for enforcement of this- Settlement Agreement. 12. This Settlement Agreement maybe 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 13. The content of this Settlement Agreement contains the entire agreement of the TOWN OF GULF STREAM and O'BOYLE with respect to all matters covered and the transactions as contained herein. 14. 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 OF GULF STREAM and O'Boyle. 15. 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. 16. Beyond the scope of this settlement -agreement and this release are the following: A. Any claim -for (i) O'BOYLE's accrued financial obligations to the Town, arising fiom normal municipal functions, such as taxes, -assessments, use fees and utility services and (ii) any matter that does not exist. on April 3, 2018 and arises thereafter from the Town's normal municipal and code -enforcement functions; B. Anything that would limit the Town in its rights or ability to assert all defenses available to a defending party in any lawsuit or proceeding of any kind that (i) is pending between the TOWN OF GULF STREAM and MARTIN O'BOYLE or any of the O'Boyle parties after the execution ofthisSettlement Agreement or (ii) is based upon conduct that occurred prior- to the execution of this Settlement Agreement; and C. Anything that would limit the Town in its rights or ability to- assert all defenses, defensive matters or sanctions available to a defending party in any lawsuit or proceeding of any kind based on conduct arising after the execution of this -5 - Settlement Agreement by MARTIN O'BOYLE or the O'Boyle Parties. 17. Notwithstanding anything to the contrary in this Settlement Agreement: A. The parties to this Settlement Agreement agree that the Development Agreement and the Settlement Agreement (the "1" Settlement Agreement") attached hereto as composite Exhibit _C_ (collectively the "Original Agreements") are in full force and effect and that the Plaintiffs (as defined in the I` Settlement Agreement) and Owner (as defined in the Development Agreement) each have and reserves all rights that each has (individually and collectively) under the Original Agreements. B. The parties to this Settlement Agreement agree that O'Boyle -has the right to construct, place and install upon the Property (as defined in the Original Agreements) any and all improvements and installations, including, without limitation, items of personalty, equipment, materials and other -similar type items which were not prohibited to be constructed, placed or installed on the Property before January 1, 1981. C. By entering into this Settlement Agreement, the Town of Gulfstream -approves the installation, placement and construction of all improvements, including_ equipment, material, and other items of personalty (including, without limitation, the improvements extending over the water as -shown on the plan attached hereto as -composite Exhibit D IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement as of April _, 2018. Witness: Witness: - Witness: Witness: Martin E. O'Boyle individually and on behalf of each Releasor and the -O'Boyle Parties Town of Gulf Stream -on behalf of the Gulf Stream Parties Exhibit "A" - Case List 1:\Projects\Non Project Rela teftegal\Active Disputes\Settlement - Gulf Stream-O'Boyle\Exhibit A to Settlement Agreement 05.01.18.xlsx A B C A TO SETTLrw Ng A-GREEMENT54-18 2 3 -1 2 Case -Number i502014CA00 I 572X'XX"XMB 502014CA002728XXXXMB- -Martin ........ ..... . ..... Martin E. O'Boyle E. O'Boyle 4 5 6 3 1502014CA005629XXXXAr, Martin E. O'Boyle Martin E. O'Boyle 7 4 502014CAOD8076XXXXMB I502014CA0102-16XXXXMBA..set 5 Enhancement, Inc. 8 ........._.._......,.._....---•--_•-_•---...—.._.__..-------- 6 502014CAO 1 1940XXXXMB Martin E. O'Boyle, Airline Highway LLC, Commerce Group, Inc., Commerce Realty Group, Inc., CRO Aviation, Inc. Our Public Records, LLC, and CG Acquistion Company; Tne.- 9 7 1502016CA004546XXXXMB ............ . ............... ..... ......... Martin E. O'Boyle 10 In 1:\Projects\Non Project Rela teftegal\Active Disputes\Settlement - Gulf Stream-O'Boyle\Exhibit A to Settlement Agreement 05.01.18.xlsx Exhibit B - The Town of -Gulf Stream -Robert Sweetapple, Esq. on behalf of himself and Sweetappie, Broeker & Varkas, PL and all present and past directors, shareholders, members; officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above. Joanne O'Connor, Esq. on behalf of herself and Jones, Foster Johsnton & Stubbs, PA and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above. Jeffery L. Hochman, Esq on behalf of himself and Johnson Anselmo, Murdoch, Burke, Piper and Hochman, PA and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above. Gerald F. Richman, Esq on behalf of himself and Richman Greer, P.A. and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above Joshua A. Goldstein, Esq. on behalf of himself and Cole, Scott, Kissane PA and all presentand-past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, andassignsof each ofthe above -Scott Morgan Thomas Stanley Paul Lyons Donna White William Thrasher Edward Nazzaro, Esq. Rita Taylor Joan Orthwein Robert Ganger Gregory Dunham Kelly Avery Freda DeFosse Renee Basel EXHIRIT C - Original Agreements (Development Agreement and the 1" Settlement Agreement) n/VToii�e.ua�w'•.�•'.»'e.•,•c...•�:.n.».eu:._.:e.....u.r.�..u....n-<aev een.V:.n..:n..�erv—.a.n..s:..n»,.m:..v. a.�m ar a. ...n.. .:..n .,... ., r.nr. 1:--x i) � Drab4- N mmo `I gm PERMIT SET 4/07/2017 'q"*»m •I- Ir €i m (A(ACp m Gl ^ i."itks$R^7�.6 3yv�agg� ��j D Z Z F v� y _ egR S.l;2p gDIX f ell 5 z m z Z O " l ; i 1 Kq�a-p➢z Al P I 1 a' I 1 ✓y, I e I B•c HIM ,�� IIj���i II���,j�.Ih••;:ii'!iili I r 1 II1'�. IVIIio llj ll�'; !i �!�illll!'I , n Bili,l agli;llj�ilil f`!il'I'll' J .j4illl�Bg-lilll:!Ic�i II.II:I :1,!jl � 1 'll t-� iI iTl i _. I�j� r`•r Ir• I i ' �$sl�{ •i �Il�l Ill�j��lilj''Ijll e Via`- . • ! lil��li\�i; ji,l I I i I�q3 •�111iii t,,1'j�'• ` ` I I - ! , I i I I • ! ' ; i• e• B%Isni+Y SETBAfS{ 1! I I tl I i I I 1H ,i,a Iiill,f!I. IT i' I i I! I I i_-:_ --.:---- I I i:il;�.l�,c•,�<-;�y.� ��a_. I I. j�• I I .I£�i •� 'I III Ilii j_,! .I i_ 1 i 9i :i+^• t i � i IIIjlflllli!I I- 1 I_ I rj- III I: i jllJiil 11_ I Y I;II i!I'lliillll-I:il r I-'C'� Ill�� II! i!i illl!�•I•j •llI I I m 1 i .1 I 1 I II I' I I I; I t. st;iF%93:rC:�� �y Tc� � .a ❑ ����e@ . ��la�� o -�� _ <)ruli �- ��tq ' z - @ / [ | &_����+ w o 0 . < � & _ - " 7 & ~ \� : = 2 /a % %!!�z �{ Q - � c Ra�t,1��]\3&'dk Randolph, John C. From: Randolph, John C. Sent: Friday, May 05, 2017 4:36 PM To: 'William Ring' Subject: -RE: deve-lopement agreement - oboyle - 2017 Plans - Dock Issue - 1981 0- I am sorry I missed your call last week while l was out of town. I -called you back today in an attempt to reach you in regard to this matter, but had to leave a_message on your voice -mail. I am still interested in discussing your client's position in regard to the dock application, and I look forward to speaking with you on Monday. Thank you. JOHN C. RANDOLPH JONESFOSTER John C. Randolph Attorney Telephone: 561.650.0458 1 Fax: 561.650.5300 1 irandolphQJonesfoster.coin Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, %Vest Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which rnav delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the .intended recipient, v u received this in error. If so, any review, dissemrnatiori, or copying of this email is prohibited. Please immediatelv notify us by email and delete the original message. From: William Ring[mailto:wring@oboylelawfirm.comj Sent: Wednesday, April 12, 2017 4:26 PM To: Randolph, John C. <JRandolph @jonesfoster.com>; Baird, Thomas J. <TBaird@jonesfoster.com> Cc: William Ring <wring@oboylelawfirm.com> Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 This message originated from outside your organization FYI - Skip and Tom — attached is that portion of the Developers Agreement referencing "1981". William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) Randolph, John C. From: Randolph, John. C. Sent: Thursday, April 20, 2017 11:44 AM To: 'William Ring' Subject: RE: developement agreement - oboyle - 201T Plans - Dock Issue - 1981 have looked at this information and called you and left a telephone message requesting that you contact me so that we can discuss this matter. I look forward to hearing from you in- regard to same so that we can resolve this matter expeditiously. Thank you. JOHN C. RANDOLPH _ZONES FOSTER John C. Randolph Attorney Telephone: 561.650.0458 1 Fax: 561.650.5300 jrandolphQ onesfoster.com Tones, Foster, Jtohnston & Stubbs, P.A. Fla ler Center Tower, 505 South Flagl.er DriN e, Suite 1100, West Palin Beach, Florida 3.3401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which mai delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If fou are not the intended recipient, you receiV ed this in error. If so, any review, dissemination, or. cop-ing of this email is prohibited. Please u-umediately notif us by eind and delete die original message. From: William Ring [mailto:wring@oboylelawfir-m.com.) Sent: Wednesday, April 12, 2017 4:26 PM -To: Randolph;_John C. <JRandolph@jonesfoster.com>; Baird, Thomas J. <TBaird@jonesfoster.com> Cc: William Ring <wring@oboylelawfirm.com> Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 This message originated from outside your organization FYI - Skip and Tom — attached is that portion of the Developers Agreement referencing "1981". William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 3:12 PM Randolph, John C. From: Randolph, John C. Sent: Tuesday, April 18, 2017 4:40 PM To: Baird, Thomas J. Subject: FW: developement agreement - oboyle - 2017 -Plans - Dock Issue - 1981 Attachments: img20170412162847.pdf, Meeting Minutes and Diagram.pdf, Development Agreement.pdf Tom, Please see the attached and give me a call at your convenience so that we can discuss same. Thank you. JOHN C. RANDOLPH JOKE S FOSTER. J John C. Randolph Attorney Telephone: 561.650.0458 1 Fax: 561.650.5300 1 irandolph@.j onesfoster.com Jones, .Foster, Johnston & Stubbs, P.A. Fl. er Center Tower, 505 South Flagler Drive, Suite 1100, West Palin Beach, Florida 33401 561-659-3000 1 www jonesfoster.com Incoming entails are filtered which may delay receipt. This email is personal to the named. recipient(s) and may be privileged and confidential. If you are not the intended recipient, tiou. received this in error. If so; any review, dissemination, or copying of dais email is prohibited. Please immediately notit . us l)v entail and delete the origi.nal'mcssage. From: William Ring [mailto:wring@oboylelawfirm.com) Sent: Wednesday, April 12, 2017 4:26 PM To: Randoiph,.John C. <J Randolph @jonesfoster.com>; Baird, Thomas J. <TBaird@jonesfoster.com> Cc: William Ring <wring@oboylelawfirm.com> Subject: RE: developement agreement - oboyle - 2017 Plans - Donk Issue - 1981 This message originated from outside your organization FYI - Skip and Tom — attached is that portion of the Developers Agreement referencing "1981". -William F. Ring O'Boyle taw Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570=3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 3:12 PM 1 To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 -Plans - Dock Issue Hello Skip and Tom: Happy Easter and Spring. Since you both worked on the O'Boyle Development Agreement with me, I wanted to let you both know that I was in Town Hall yesterday with new/revised plans for the O'Boyle House at 23 Hidden Harbour. For the most part, everything went well With my meeting with Ms. Taylor and Mr. Thrasher and ! obtained most of the sign offs/approvals I needed for the submittal to Delray Beach. We are hopeful to begin. renovations soon and I am sure everyone will be happy to see the house look better. However, we did have a disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to provide me with their blessing for the Dock. In that connection, attached pleased find sheets A1.01 (Site Plan) and A1.02 (Enlarged Site Plan). Generally, I believe its Ms. Taylor's position that the Dock width is limited to 5 feet by the current code. I believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve it (and the current code does not apply). I am requesting that you review the attached plans -and the Development Agreement and advise the Town to provide me their approval for this Dock. The sooner the better. Thanks Bill Ring PS — I point out that Mr. O'Boyle may have to obtain a dock -building permit from Delray Beach and/or other approvals from the Army Corps or the DEP; so, the Town may not have any authority over the matter, but I would like to obtain their approval nonetheless. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-329-4383 (cell) From: Randolph, John C.[mailto:JRandolphCa)jonesfoster.com] Sent: Monday, September 23, 2013 10:40 AM To: William Ring Subject: RE: developement agreement - oboyle Great! Thank you. The original document will be delivered to me today for recording. 2 John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolphQjones foster. corr� Flagler Center Tower, 505 Sou.d7 Flagler Drize, Scute 1100, West Palm Beach, Florida _i 1401 561-659-3000 1 www.jonesfoster.com U.S. Treasur}� Regulat_i.on Circular 230 requi es us to advise you- that Nv-rltten con iriwiicatlons issued by us are not intended to be and cannot be. relied upon to avoid penalties that may be imposed be the: Internal Revenue Sei-,ice. This email is personal. to the named rccipient(sj and may be privileged Ineomuig emails are filtered which may delay receipt. and. confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 5617370188 Fax 02:17:39 p.m. 07-26-2013 15/22 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. ApoloqV. The Town recognizes the stress and strife that the O'Boyle family has endured as a result of the Town's conduct. The Town recognizes that the O'Boyle home has a value well in excess of $1,000,000, but is uninsurable against wind because of the non-existence of proper protection, which would have been part of the Improvements installed by O'Boyle had the Town not initially denied the Application. The Town is indebted to O'Boyle forthe many deficiencies In connection with the Town - code that he has identified since his submission of the Application. The Town Commission believes that O'Boyle's actions will ultimately result in Gulf Stream being a better and frlendller 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 limitati n, 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 Randolph, John C. From: William Ring <wring@oboylelawfirm.com> Sent: Wednesday, April 12, 2017 4:26 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 Attachments: img20170412162847.pdf This message originated from outside your organization FYI - Skip and Tom — attached is that portion of the Developers Agreement referencing "1981". William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) -From: William Ring Sent: Wednesday, April 12, 2017 3:12 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject. RE: developement agreement - oboyle - 2017 Plans - Dock Issue Hello Skip and Tom: Happy Easter -and Spring. Since you both worked -on the O'Boyle Development Agreement with me, I wanted to let you both know that I was -in Town Hall yesterday with new/revised plans for the O'Boyle House at 23 Hidden Harbour. For the most part, everything went well with my meeting with Ms. Taylor and Mr. Thrasher and I obtained most of the sign offs/approva-Is I needed for the submittal to Delray Beach. We are hopeful to begin renovations soon and I am sure -everyone will be happy to see the house look better. However,- we did- have a- disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to provide me with their -blessing for the Dock. In that connection, attached pleased find sheets A1.01 (Site Plan) and A1.02 (Enlarged Site Plan). Generally, I believe its Ms. Taylor's position that the Dock width is limited to 5 feet by the current code. I believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve -it (and the current code does not apply). I am requesting that you review the attached plans and the Development Agreement and advise the Town to provide me their approval for this Dock. The sooner the better. Thanks Bill Ring PS — I point out that Mr. O'Boyle may have to obtain a dock -building permit from Del -ray Beach and/or other approvals from the Army Corps or the DEP; so, the Town may not have any authority over the matter, but 1 would like to obtain their approval nonetheless. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Randolph, John C.[mailto:JRandolphCa)jonesfoster.com] Sent: Monday, September 23, 2013 10:40 AM To: William Ring Subject: RE: developement agreement - oboyle Great! Thank you. The original document will be delivered to me today for recording. John C. Randolph AtLorney Direct Dial: 561.650.0458 1 Fay:: 561.650.5300 1 jrandolph@j ones foster. com. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Paha Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com U.S. lTreasu.ry Regulation Circular 330 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed bi, the Internal Revenue Service. Incoming emails are filtered which may dela- receipt. '11zis email is personal to the -named recipient(s) and may be privileged and -confidential. If j-ou are not d1e intended recipient, you received this in error. If so, any retie«J, dissemination, or copl-ing of this entail is prohibited. Please immediately notify us by email and delete the original message. 2 5617370188 Fax 02:17:39 p.m. 07-26-2013 15122 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. A ala . The Town recognizes the stress and strife that the O'Boyle family has endured as a result of the Town's conduct. The Town recognizes that the O'Boyle home has a value well in excess of $1,000,000, but is uninsurable against wind because of the non-existence of proper protection, which would have been part of the Improvements installed by O'Boyle had the Town not initially denied the Application. The Town is indebted to O'Boyle for the many deficiencies in connection with the Town code that he has identified since his submission of the Application. The Town Commission believes that O'Boyle's actions will ultimately result in Gulf Stream being a better and friendlier place to live. 35. Reservation of Rights. Notwithstanding language in this Agreement (including the attached Release) O'Boyle reserves all rights and remedies related to any claims which he may have related to the scope and size of improvements which may be constructed upon the Property, to the extent that the scope andlor size of Improvements are less than the scope and size of the improvements which could have been constructed -on the Property on the date when the permits for the existing Improvements ((including, without Urnitati n, 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 Randolph, John C. from: William Ring <wring @oboylelawfirm.com > Sent: Wednesday, April 12, 2017 3:12 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue Attachments: Currie OBoyle 23 HH Plans Two Sheets.pdf This message originated from outsideyourorganization Hello Skip and Tom: Happy Easter and Spring. Since you both worked on the O'Boyle Development Agreement with me, I wanted to let you both know that I was in Town Hall yesterday with new/revised plans for the O'Boyle House at 23 Hidden Harbour. For the most part, everything went well with my meeting with Ms. Taylor and Mr. Thrasher and I obtained most of the - sign offs/approvals I needed for the submittal to Delray Beach. We are hopeful to begin renovations soon and I am sure everyone will be happy to see the house look better. However, we did have a -disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to -provide me with -their blessing for -the Dock. In that connection, attached pleased find sheets A1.01 (Site Plan) and A1.02 (Enlarged Site Plan). Generally, I believe its Ms. Taylor's position that the Dock width is limited to 5 feet by the current code. i believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve it (and the current code does not apply). -1 am requesting that you review the attached plans and the Development Agreement and advise the Town to provide me their approval forths Dock. The sooner the better. Thanks Bilf Ring PS-- I point out that Mr. O'Boyle may have to obtain a dock -building permit from Delray Beach and/or other approvals from the Army Corps or the DEP; so, the Town may not have any authority over the matter, but I would like to obtain their-a-pproval nonetheless. William F. Ring - O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph)_ 954-328-4383 (cell) From: Randolph, John C.[mailtd:JRandolph@jonesfoster.com] -Sent: Monday, September 23, 2013-10:40 AM To: William Ring Subject: RE: developement agreement - oboyle Great! Thank you. The original document will be delivered to me today for recording. John C. Randolph Attorney_ Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandoh@jonesfoster.com Flagler Center Tower, 505 South Flagler Drive, suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.joiacsfoster.com U.S. Treasury Remilation Circular 230 requires us to advise you that written communications issued bi- us are not intended to be and cannot be relied upon to avoid penalties that mai' be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you. are not the intended recipient, you. received this in error. If so, any, revie«-, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 2 c =!r@ z ® rm # o- � � . t• ƒm_z - �± r� ¥,) § § tD \ ! \0 C, - - � 6110 k -w / ZI2a»#JAS 2wdD� { k $ 2 � . :m.•�E () `■�||�§ (`§ §�||; - ;■§ |||{ . :m.•�E () `■�||�§ �� ,. , � ;(� 2 ? | AR |) %. r [ _ N <j !/� ! m �)J &� \ - < t @`��i cz #||e=yam=moo ��� , / F , g,q J�� D��z _ ��o��e,!/); o -u : k q �5!\-Q {\\ . u ` _\ `� �b�) ~ A#A a�� 15�� 2Aao#Z EDS IIw9d Renee Basel From:William Ring <wring@commerce-group.com> Sent:Tuesday, March 26, 2019 10:48 AM To:Trey Nazzaro Cc:Rita Taylor; William Ring Subject:23 Hidden Harbour - Application and Plan - Promenade Attachments:img20190326104023.pdf Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 COMMISSIONERS SCOTT W. MORGAN, Mayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN K. ORTHWEIN DONNA S. WHITE March 15, 2019 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Commerce Realty Group, Inc. William Ring, Real Estate and Development 1280 West Newport Center Drive Deerfield Beach, Florida 33442 Dear Mr. Ring: Telephone (561)276-5116 Fax (561)737-0188 Town Manager GREGORY L. DUNHAM Town Clerk RITA L. TAYLOR MAR 2 01019 Thank you for your application, which was hand delivered on Monday March 11, 2019. The 2013 Settlement Agreement between Martin O'Boyle and the Town of Gulf Stream does not apply to structures in the water. The current Gulf Stream Town Code regulates Docks in Article VIII -Supplemental District Regulations, Division 2 -Accessory Structures and Recreational Facilities, Sections 66 -369 -Docks: The application is subject to this section, and it violates the following provisions: Subsection (6)b: No dock shall exceed five feet in width. Subsection (6)e: For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15 -foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage. The plan is therefore denied as submitted. I am returning herewith your application and Check #1564 in the amount of $335.00. Sincerely, jrL Rita L. TaylorU Town Clerk Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Tuesday, March 26, 2019 10:48 AM To:Trey Nazzaro Cc:Rita Taylor; William Ring Subject:23 Hidden Harbour - Application and Plan - Promenade Attachments:img20190326104023.pdf Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Tuesday, March 26, 2019 10:48 AM To:Trey Nazzaro Cc:Rita Taylor; William Ring Subject:23 Hidden Harbour - Application and Plan - Promenade Attachments:img20190326104023.pdf Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Tuesday, March 6, 2018 10:22 AM To:Renee Basel Cc:Martin E. O’Boyle; William Ring Subject:23 Hidden Harbour - Development Agreement Attachments:Development Agreement Fully Executed9.17.13Brenda217.PDF Marty and Rene: Per your request, attached is the Development Agreement. The Development Agreement has several attachments, including the Settlement Agreement. The PDF is 42 pages total. See page 34 of 42, paragraph 35 of the Settlement Agreement (titled Reservation of Rights). This paragraph points us to 1981 code. Bill William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) From: William Ring Sent: Monday, March 05, 2018 12:16 PM To: Jonathan O'Boyle <joboyle@oboylelawfirm.com>; 'Sheila O'Boyle ATT' <patchoboyle@att.net> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Development Agreement 1.No one is in Hidden Hrbour to object 2.Elmore has been working on his house (roof) improperly for months 3.Job is quick to do piling – 4.Settlement agreement provides coverage William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) 1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is made and entered into this day of 2013, by and between the TOWN OF GULF STREAM, a Florida municipal corporation (hereinafter the "Town"), whose address is 100 Sea Road, Gulf Stream, Florida 33483, and MARTIN E. O'BOYLE ("Owner"), whose address is 23 North Hidden Harbour Drive, Gulf Stream, Florida 33483. RECITALS WHEREAS, the Town is empowered and authorized to enter into Development Agreements in accordance with the Florida Local Government Development Agreement Act, Florida Statutes Section 163.3220-163.3243 (2012) ("Act"); and WHEREAS, Owner filed an application for Development Approval for a Level 3 Architectural/Site Plan Review ("Application") seeking permission to construct a new front entry feature to his existing residence located at 23 North Hidden Harbour Drive ( "Property"); and WHEREAS, the Town Manager, acting as the Zoning Administrator ("Administrator") determined that the proposed design of the new front entry feature would require four variances from the requirements of the Town's Code of Ordinances ("Code"); and WHEREAS, the Town Commission, sitting as the Board of Adjustment conducted a quasi- judicial proceeding, following which it sustained the determination of the Administrator that four variances from the Code were required, of which only one was granted ; and WHEREAS, Owner appealed the Town Commission's Final Order and subsequently filed a number of public records requests associated with the denial of the Application. NOW, THEREFORE, the Town and Owner, for $10.00 and other good and valuable consideration, including the terms and conditions of the Agreement, the receipt and sufficiency of which is acknowledged by each party, hereby agree as follows: 1. Recitals. The recitals are incorporated herein and made a part hereof. 2. Current Zoning. The Property is located within the North/South Zoning District, Section 70-27 of the Code. 3. Future Land Use Plan Designation. The future land use designation of the Property is Single Family. 4. Land uses. The Property is an improved single family home with garages that was constructed in or about 1983. 5. Concurrency. The Property meets all applicable levels of service. 6. Comprehensive Plan Consistency. The Property's zoning is consistent with the future land use designation of the Town's Comprehensive Plan. 7. Land Development Regulations. The land development regulations which shall be applied to the Property are contained within Chapters 66, entitled "Zoning" and 70, entitled "Gulf Stream Design Manual" of the Code. (a) The architectural feature shown on the entry feature as shown in the Plans (as defined in the Settlement Agreement attached as Exhibit B) is not an "eave" and therefore shall not be subject to the eave height requirements for structures pursuant to the Code. The result is that when the Code is properly applied to the Application no variance is required; (b) The height of the proposed entry feature for this two story structure is not subject to the eave height requirements contained in Section 70-100 (c) of the Code. Rather, the height of the entry feature for this structure is governed by Section 70-100 (a) (4) of the Code. Under a proper application of the Code, the Architectural/Site Plan Application submitted does not require a variance; and (c) With respect to the minimum front yard setback, a proper interpretation of the Code would be that this setback should be measured from the atrium (the wall and trellis system just north and east of the front entry of the home) as shown on the Architectural/Site Plan because the atrium is part of the home. More particularly, the beginning point of the measurement of the front yard set back should be the northernmost point of the atrium. When the atrium is used as the beginning point for measurement no variance is required because there is no encroachment. 8. Term. This Agreement shall have a term of thirty (30) years after the Effective Date; provided, however, nothing shall preclude the parties from modifying or extending the Development Agreement or entering into a new Development Agreement. 9. Authorized Development. The Town agrees: a) that the Property may be developed substantially in accordance with the Application (Exhibit A-1) or substantially in accordance with the Plans (Exhibit A-2); b) to issue (or cause to be issued) such other necessary permits, permission and approvals as may be required to demolish and construct the Improvements upon the Property as set forth in the Application or on the Plans; C) that the height of the home's entry feature may be 30 feet measured from the highest floor elevation to peak of the roof; d) that the front setback for the Property shall be measured from the most northerly portion of the existing atrium to the front lot line.; and e) that the area under the entry feature shall be excluded from the calculation of floor area. P/1101/C/C/R2012 08.27.13 Page 2 f) that the development, renovation or redevelopment of the Property shall not have more than one residence, which residence shall be a Single Family residence and which residence shall not exceed two stories. 10. Amendments. This Agreement may be amended by the mutual consent of the Town and Owner. 11. Exhibits. The Architectural/Site plan for the Property is attached hereto and incorporated herein as Exhibit A-1. The Plans are attached hereto and are incorporated herein as Exhibit A-2. The Settlement Agreement bearing even date herewith (and which is attached hereto as Exhibit B) shall be incorporated herein and be a part hereof. 12. Termination. This Agreement may be terminated upon the agreement of the parties. 13. Successors in Interest. This Agreement shall inure to the benefit of the parties successors and assigns, and shall run with the land. 14. Recording. In accordance with § 163.3239, Fla. Stat., this Agreement shall be recorded in the Official Public Records in and for Palm Beach County, Florida, within 14 days of its execution by the parties. 15. Governing Law. The laws of the State of Florida shall apply. Venue shall be in Palm Beach County, Florida. 16. Attorney Fees. In the event either of the parties must enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney fees and costs through the appellate level. 17. Effective Date, This Agreement shall become effective upon the recording of the Agreement by the parties. 18. Conflicts. If and to the extent that there are any conflicts between this Agreement, Exhibit A-1, Exhibit A-2 or Exhibit B, the provisions of Exhibit B shall prevail. 19. Building Envelope. Attached hereto and incorporated herein as Exhibit C is a copy of a Survey which Survey provides a Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O'Boyle (including his heirs, successors and assigns) may construct Improvements in the Building Envelope; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town. P/1101/C/C/R2012 08.27.13 Page 3 IN WITNESS WHEREOF, the parties have hereto set their hands and seals this of , 2013. ATTEST: [TOWN SEAL] APPROVED AS TO FORM AND LEGAL S3>-UFf NC Bir. John C. "and o p own Attorney WITNSSE Lila Signature Print Name: W�[L4 Signature Print Name: -tt kj. i � trnG P/1101/C/C/R2012 08.27.13 Page 4 TOWN OF G TREAM, FLORIDA By: Mayo Ll^� MARTIN E. O'BOYLE day Vg6W A Fown of Gu1F Stream COP , Address. PART 1. APPLICATION REQUIREMENTS To be completed by Town Staff dwing pre.application conference. A. Review and Approval Processes 0 1. N. Ocean Overlay Permit 0 2. Land Clearing Permit 0 3, Annexation Review 0 4. Comprehensive Plan TeXI Amendment Review 0 5. Demolition Permit 0 6. Future Land Use Map Change Review 0 7. Adminislraiive Appeal 0 6. Zoning code Text Amendment Review B. Application Materials 0 9. Sign Review 0 10, She Plan Review, Levet III 0 11, Site Pian Revision 0 12, Special Exception Review D 13. Subdivision Review 0 14. Variance Review 0 15. Rezoning Review 0 16. (Other) NUMBER OF CbPIES REQUIRED APPLICATION MATERIAL 1 1, Completed Development Application 2, Feb of s + 17 3. General Location Map (on site Plan 17 4. Site Plan (2 full slie, l5 reduced to i ix 17') 17 5. Building Elevations 2 full size, 15 reduced') 17 6, Floor Plans (2 full size; 15 reduced') 17 7. Roof Plans (2 roll size, 15 reduced') 0. Perspective andtor Color rendering (Recommended for meeting) 1 9, Drainage Plan (if altered) 17 16. Landscape Plan (2 full size, 15 reduced') 11. Septic Tank Permit 12. DOT Driveway Permit (if on AIA, for any alterations to drive) 13. DOT Landscape Permit (AIIA) 17 14. Survey (I i" x 17") 15. Subdlvision Plat i6. Concurrency Documents 1 17, Proof of Ownership (warrant deed) 1 16, AgentAffidavil 1 19. List of Adjacent Property Owners Envelopes 20. Properly owners within 25'!306' (stamped addressed envelopes, no return address 1 21. Propprty Owners Allidavit I Set 22. Photos of Existing Home (f(appllcable) 1 23. Construction Traffic Management Plan 24. 'NOTE: Where multiple copies of a drawing are required, two copies shall be an original full size (24" x 36") drawing which Is.signed and sealed. All other copies shall be reduced to 11" x 17", Please refer to the instruction for more detailed Information. Applicako for DeveWp *ntAp{eava4 Forn)AUA.320M Page 1 Nevenrer 2001 Town of Gulf Stream TOWN OF GULF STREAM APPLICATION FOR DEVELOPMENT APPROVAL This form is to be used for aU development review applications to be heard by the Town of Gulf Stream .Araitecltvaai Review and Planning Board, form properly, please review the accompBoard of Adjustment, andtor Town Commission, 7o complete the anying Tovm of Guff Stream lnstrucBon Manua! forApprc Development RaView Fomr. Failure to complete Etas form afkn for property will decay its consideration. ARP6 FUe# PART U. GENE..RALINFORMATION To be campletedbyaAapp!<canis. A. Project Information nvx I.A.1. ProjecVOwnerName: _(�rsr<tj_ J4,(t�,�rtYLE IA2. Project Address: 2-)��{�`�,?,bg, I jS 11n � 7y (12 I.A.3. Project Property Lao Description: LbT 5; 41DEIM EaAM GTAT6 ,� W o {� eLUtfit WOU OWNII, IK ¢ r�COI�j G{ nZI' a, I.A.4. Project Des#Uon (desen'be in data�, fnCWbV # ofstones, etc,) D3T{�N t3 i�i�{ RWIZE,3p`-O A P. WIN MEWu)Tt2� bWt51DF LA614T5 I.A.5. Square Footage of New structureorAddiUon: Architectural Bye: hA*V MaJI RYIVAL 1.A.6. Check all that apply: YArchitecturaUSite Plan Review D t.and Clearing O •North out d Overlay (complete sect( 8} Demolition of structures 0 Non-residentai u s Vari (Completesscfti G)')( Spedal Exception (complete seclknFJ IAT (a) ProposedF.F.E: NOCFi'ANa �7�$ Type of Foundation;���D �OitN� B. Owner information I.B.I. Owner Address: M. IR 0{IML G�tt�7 I.B.2. Owner PhoneNumber.� - is Fax :r�y'0-0—D 1 12.3. Owner Signature: C. Agent information LC.1. Agent Name and Firm Name: �Vt�t{ G{,(�iii (�rKj� �ji +1 r jai jtP I.C.2. Agent Address: IMP K. Eycrvt* %v+LE b9.1*WtE it !f t. �2 .C.3. Agent Phone Number. (o .5�fl- Z$. Faxi—%- wl Mi. i.C.4. AgentSignalure:AA OMO. s n Pre -App Date: ARPB Date: App Date: Recommendation; Com Date: TC Date: Decision: Application for Development Approval Form ADA.2000 revised 6113100 Page 2 Town of Gulf Siream PART III. PROJECT DESCRIPTION AND JUSTIFICATION To be completed by of, appftconts after pre appica�n canterencs'Oh Town Staff. Please tree concise but brlet. Attach addrt not sheets only when necessary and be sure to include the appropriate and complete 9aestiatnumborforeach response. A• Project Description and Justification IIIA.1. In what zoning district is the project stio ioaaled?{)j� (}�y Sri o III.A2. Is (he project compatible with the intent of the zoning Istdct? VYes Q. No Explain. WITH }� }� iEG'f' L ANS 11tittLi�(L III.A3. Is the projecisten�(�{l�Ful€�se Map and 9 objectv�s and policies of the Comprehensive Pian? ❑Yes ❑ No Expiain. IT ikQt 5 t 615TANT. 111.A4. How are Ingress and egress to the property to be proved? NUC �1(' IIIA.S. How are the folowing utoilles to be rovided to the property? a. StommaterDrainaga_ NO b. SanOary Sewer D N a Potable Water Nb Cf ptS�r d. IrrWill Water NI) rttaut e f. Telephone IIIA6. If the project involves the erection of one or more structures, please describe how the structures are consistent Will the criteria in Section 66.144 of the Town of Gulf Stearn Code. (Attach additional sheet if necessary.) �tc5,-Vf6111-w t MHK S 1T Cts P(�Volf WIN ilii n.A94RI t2AL DytGVld�LIN,�I PIZO(' Tt . PART IV. ADDITIONALRVORM;1TtON Section A is to be completed by aft applicants after pre-apocaPon conference with Tam staff. Answering "Yes" to any question in Section A requires the completion of adoWtonaf Sections as indicated. A. Additional Approvals/Requirements MAI. Does the projecj tijvolve land area within Otty feet (W) of the AIA (North Ocean Boulevard) tight -of - We) ❑Yes o, (If "Yes", section 6 Othis part must be completed,) IV.A.2. Does the project involve the demolition of one or more structures? Yes ❑ Nc (If "Yes", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or Nl(ng of any portion of an exisjigg vacant lot or more than fifty percent (50%) of the landscaped area of a developed lot? ❑ Yes illi No (If "Yes", section A of this part must be completed.) IV.A.S.s the project require approval of a Special Exception? DKYes ❑ No (if "Yes", ,section E of (his part must be completed.) IVA.6. Is a project at variance with any regulations contained In the Zoning Code? Yes ❑ No (If "Yes" section G of this part must be completed.) Appicatfon for Development Approval FormADA32000 Page 3 Tdwn bf Gulf Stream B, Projects Requiring North Ocean Boulevard Overlay Permit IV.8.1. What significant landscape features or architectural features are to be disturbed or added and to what extent? W.B.2, Describe the need andjuslillcallon for Ilia distlsbanceladdition: IV.B.3. WIN the dislurbanceladdil'on destroy of seriously impair visual relationships among buildings, landscape features and open space, or introduce incompatible landscape features or plant material that destroys or Impairs significant views or vistas within the North Ocean Boulevard Overlay District? Yes No Explain: MB.4. flow is the design consistent with the AIA Landscape Enhancement Project? W.B.S. What.mitigation Is proposed so that file dislurbanceladdi8on has the least impact possible to the visual and aesthetic quality of the North Ocean Boulevard Overlay District:, 'C. Projects Requiring aDemolition Permit' IV.c.1. When are the existing structures to be demolished? IMPER MIT 16DKA INED lV.c2. V+lhsn are the proposed.slructures to be constructed? WaN 9MIT IS DO [Nd IV.C.3. What is the landmark status of the structures to be demolished? D. Projects Requiring a Land Clearing Permit JV.D.1. Describe gtdse vegetative materials bf 8 incites In diameter and greater to be North Ocean Boulevard Overlay District: IV.D.2. Describe the need and justillcalion for the removallrelocatlon: IV.D,3. How is the removal from the project site of vegetation to be mitigated: IVDA, Now are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and constriction activities and thereafter? IV.D.5. What replacement materiels are proposed? Application for Development Approval, Form AOA.32000 Page 4 February 2002 ZNA Robe" fAV >« Projects Requiring aSpecial Exception. W-E,i, Is the Proposed use a Permit tedspectal ezcapfion use? �,{ IV,E,2. Hour is the use designed, Yes ❑ No Code Section: welfare, and g located and Proposed to be operated so that lha marafs'� be profegedl public health, safely, N Prec p _ Aaj-Hp AUT -NHP4 I�ESlGN IV.E,3, Wn the use cause subsfen6al fn' be located? d Yes �No �� to the value of other properly (n the nelgh6orhood where itis to Explain. � ��'� f��-�{� H9t;? �° p SRA N iV,E.4. Haw" the use be cornpalIbie with is to be located? ar olning dew eicPmaht and the cfiaracter of the District where it 1&fV U rjj Eggg PRDP�R�-rE5. �tGf9�2 ���a, IV""- Whatiandscaping and screenln g are provided?+ r— . No t,.0 . IV -E.6. Does the use na�orm with all OPlicabla regidaliorrs governing ttra District whereto it is to be located? ❑ Yes No) r t f xPlam.y �� >+jEiff7' i?tE�1rrktsnrnE W 4 .4-111-tfft EfivE nit - 8E t��l tart " �' ��" von rV�LIG' i�r�a UriH �kt2-N r Flht� c �}. F I N rr Non•Residentiatprojects and Resideniiat Projects of Greater than 2 units '�. IV.F,1, If common area facilities are to be provkted, describe them and how they are to be maintained. IV.F.2. If recreation facNlies are to be provided, descrl6e them and their potential impacts on surrounding properties, IV,F.3. For each of the follow ng list the number provided and their dimensions, Loading Spaces: Standard Parking Spaces; small Car Parking spages: Handicapped Parking Spaces: DrtvewayslAfsles: Application for Development Approval FormADA.390M Page 5 E. Projects Requiring a Special Exception. �"F t • fs tha Proposed use a Petmiitad special ezcept)_ IV,E,2, How is the use l� use? XYes ❑ No Code Section: welfare, and s located and proposed to be operated so Protected? that the public health, safety, N �691F t - $ur �"NHAWFep tai �ST�N IV-E-3. Will Ica use cause suhsfaj yatlu� to itte value of o(her property in the ne 6e located? ❑Yes p kJhborhood where it is to AP�k��NC� N.E.4. How 1UITH NfI�r� ewp will the use be compatible with adjolning day p. is to be located? sent and the oharacler of the Disbict where it 'Rib Wu-��D�Z fiUK' NT9AN 1V,E.5, Wcattandsca + 1 tC6 Ptn9andscreeningareprovided? �b RAN N61 Ats61 Tb N.E.B. Does the use cord; owith all applicable reg located? ❑Yes �No pry idali�s governing the, DisV!ct wherein It is to be ExPiain. CAL, -r A OLD �N EWA 51wa r kp b F.mur IV Non-Residential Projects and Resldenttat protects of Greater than 2 Units iiDNS tf com. IV,F,i. mon area fables are to be provided, describe them and hour they are to be maintained, IV•F,2• If recreation fac'fas are to be provided, describe them and their potential impacts on surrounding . Properties. IV,F.3. For each ofthe following Ilst the number provided and their dhensions, Loa ft spaces: Standard Parkkig spaces: Small Car Parking Spaces: Hartdtcapped Parking Spaces: Ddveways/Atsles: Application for Development Approval Form ADA.32090 Pogo 6 ' 'fbwn'of Gulf Stream VARIANCE - of ftEw. G. Projects Requiring a Variance (code Sectibn 66-150 through 157) IV -G-1. From what specMe Zoning Code regulation is a variance requested?_3D - I Q(} F AV,V 15 M'- ,, b)� wWflS rr WOULD PNY516A _bNPLICT WITH I IX ON6 RDE 19y s _ IV.G.2. What does the Zoning Code require for this specific site? THE PRQ?0. M IrNIKAKV SATJzf I1WIrt•HIN �{ { 30HLIA14T AU.OWAM`r' BUr�l ave wouLo MAL, - �31�To m1'I Y,-��-- IV.G.3. What Is proposed? E,VE �t ' - . ' "voy1fl MWALL-RE169T jy DK. IV.G.4. What is the total variance requested? I VF FAM -zt -e IV.G.5. The following 8 mandatory variance findings from Seclio n 66-15q, enust oe addres3ed.--(Attach additional sheet If necessary.) (1) What specific conditions and circumstances exist which are peculiar to the land, structure,.or building involved and which are not applicable to other lands, structures, or kulklings in the same zoning district? RISM-t6I &ILD t 92F LINE C;V[LT UNM PKV05 WDE. (2) Did the special conditions and circumstances result from the actions of the applicant? Yes V (3) Will granting Ilia variance confer upon the appligantany special privilege that Is deryed by the Zoning Code to•odheriands, buildings, or structures In the same zoning dlsldct? Yes No Explain: :SE [ 26PT -r ODNEIMAT1bN OF T-915 HOME IS tJfi&e (4) How would a literal interpretation of the provisions of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the same terms of the ordinance and work unnecessary and undue hardship on the applicant? T f 51E1N (5 uNINEjek tT Ci NTIR 8 5TKifc L< ENHANCED Utill-go'f CR pj,N& PbT-i sWI I. LFA -KK -if AKD }Wp,-r H6 TK AP&AWdE VIM HOVi (5) to the Variance requpst"e minimum variance that makes possible the reasonable use of the land, buiidinlgorstructure�Yey No Explain: M M VIM Y IARC9 Tb 1ERRA1SC6 THE Ikl?RMAh! E n ft4- �49tq ItTM NEIEztdM90. (6) Will granting the variance permit any -prohibited use to be established or re-established: Yes 0 (7) is the requested variance consistent iv!04hegoals, policies, and objectives of the future Land Use Map of the adopted Comprehensive Plan? Ye No (8) Will the variance be to harmony with the general intent and purpose of the Zoning ce and not be Injurious to the area involved or othervrise detrimental to the pubtio Wei€ate? Yes No Explain: ItNkANC TRE �t Gl"AgAg ANb 1�ALVtI=S - - Application for Development Approval, Form AOA -32000 Page 6 Febrfiary 2002 r TbWWof Gulf Stream VM NN65 w -r G. Projects Requiring a Variance (code Sectibn 66-150 through 157) IV.G.1. From what specific Zoning Code regulation is a variance requested? _30-14 _2TVK IV.G.2. What does the Zoning Code require for this specific site? FRONT 2-T6ACIK.. FRDrA `6� mr' tial' UNE TW NEPP"CTIVE" _ C44A*ED N T}fM##T�,�O& AND40AE) AL2 Iffe 5pmF iV.G.3. What is proposed? C�(EKEdd c51 Drt' OF TN 15 t� 6 . IV.G.4. What is the total variance requested? MWE V FNC_KDPCf�(jV(ENT WITV IV.0.5. The following a mandatory variance findings from Section 66-154, must be Ce (Attach additional sheet if necessary.) (1) What specific conditions and circumstances exist which are peculiar to the land, slruclure,.or building involved and which are not applicable to other Lands, struohires, or buildings In the same zoning district? TF4E M 46 CRAN&i> AIsD A NON UPON lt_y A'S rib. _.... . (2) Did the special conditions and ckaamslarices result from the actions of the applicant? Yes No (3) Will granting the variance center upon the appltcant.any special privilege'that isde by the Zoning Code to -other lanais, buildings, or sir4clures In tate same zoning district? Yes No Explain: WREN 5E f WK I ANWW WA5 8461 -ft AU, _�Q 5 �Ml A914 OWED- WED- WOUX,1�f RDM MA1MtY 06. (4) How would a literal interpretation of the provisions of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the same zaning district under the same terms of the drdinance and work unnecessary and undue hardship on the applicant? TA N15 01, 16 ADJ MT UNi)E1Z THE ULD M. Parr KW ftyitiiDR mI+AwM est fix. ALLF"; TRO1,6H NDTA1% EM P 151CArUA NAN6Q, (5) Is. (he Variance fequeslydte minimum variance that makes possible the reasonable use of the land, building or structure? (Yoe? No C f�- n Explain: UND09 DLit 06 E )UG TT WNE (fon �� W -On mRAM 4 CM MwIMR1, WMN TH ice (5 Alf ft. R'/ PW Ph* Kw T. (6) Will granting the variance permit anyprohbiled use to be established or re-established: Yes f Nsa/ (7) Is the requested variance consistentwr goats, policies, and objectives of the future Land Use 1Jap of the adopted Comprehensive Pian? Y� No (0) Will the variance be in harmony with the general intent and purpose of the Zoning � nce and not be Injurious to the area Involved or otherwise detrimental lo.lhe public welfare? �`.e No Explain: IT WILL ENHANte 0196MAN& ANS EE CO1ytP•ATw WIV THE NaelnOODOD. Application for Development Approval, Form ADA32000 Page 6 February 2002 li4Eki5 15 AN tXtSTING AVIVrVI THAI EXTEh1D5 V FKDrn THE CONT FACE O�THF NW5E, THAt WILL BE WDO ANb VEPL46ED M AN "Na ti.-Mr-W TO-rEXMN�6 014LI 2` FgDm -Vf FOND' ruwn oRW dream " Projects Requiring Rezoning IV.H,t. What Is the Future Land Use designation -of the project site? IV.H,2, If the protect hvaives a razonin Comprehensive plan text �rlg g' Or M Code text change, Future Land Use Ma than justitigifan for there e Y combmalion thereof, please desmbe the need and quest, PART V. OPTIONAL INFORMATION This enure part is optional fur aN eppff nts. Appikants are encouraged, but Trot required, to provide any additional relevant information regarding the project that was nbt covered elsewhere on this Polnt or on any of the ofhermsteWssubmittedwith the application, Application for Devetoprnent Approval Form ADA.2oaa revised Mo Page 7 7-7-1 lz DEVELOPMENT APPROVAL SET 1-15-2013 0 2 > (n n 0 mzm- ;o ;o AIN Z- 0 m ,g m a to DEVELOPMENT APPROVAL SET 1-15-2013 7' \k0 m;o §o z m 2 0 4 (On a r) > 0 n PR 0 0A V9 a Ul Flo z 0 A 6) la y t'xa4;ala. k. DEVELOPMENT APPROVAL SET 1-15-2013 Z p- _ $$ 4Pg�O4"=q Ilai Z m mLn Gl Z5�03 I�� C m(T� C> A _p I MEN t£ Al la y t'xa4;ala. k. 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L O T 6 I I a e fi N Ll a a I yg 5 I U ~ ^y O �rw.va�ov.rouwr I I ----H --- — --------w,mx,�3 ^faa 1 j— 7-- I h L CIT1- LOT 2 — -- -- I O ----I'--{— HiDDEil HARBOUR PLAT ( LAT BOOK 115, PAGES 17 LOT t TWO & 174) {y --- I L -� L== ---- I ---------- _ _____ I I I ik ' 0i 14 14 5617370188 Fax f-Akhl+ 6 SETTLEMENT AGREEMENT 02:15:19 p.m. 07-26-2013 2122 This SETTLEMENT AGREEMENT (Agreement) is entered into, by and between the parties listed on Exhibit A in the column titled "PARTIES" (hereinafter collectively referred to as "Plaintiffs) and the Town of Gulf Stream, a municipal corporation of the State of Florida, whose address is 100 Sea Road, Gulf Stream, Florida 33483 (the "Town") and is executed by the Town and the Plaintiffs this 26 day of July, 2013 (the "Effective Date"). The Town and the Plaintiffs shall be collectively known as the "parties" WHEREAS, it is the desire of the parties to this Agreement to resolve all disputes, appeals and pending litigation relating to the cases referenced in the column titled "CASES" on Exhibit "A" attached hereto (the "Cases"); and behalfWHEREAS, on Martin E. O'Boyle the Town Commission a proposal to settle the "Cases"; and WHEREAS, the Town Commission has reviewed the proposal for settlement and wishes to settle the Cases and to resolve other matters as set forth herein on the terms set forth herein; and WHEREAS, it is the intention of the Plaintiffs and the Town to be bound to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein expressed, and for the other good and valuable consideration the receipt and sufficiency of which is acknowledged and confirmed, the parties, intending to be legally bound, hereby agree as follows: 5617370188 Fax 02:15:31 p.m. 07-26-2013 3122 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 alfa, a Level 3 Architectural/Slte Plan (the Application) and such other permissions, approvals, Interpretations, clarifications and authorizations relating to the Property (the "Approvals") to demolish and construct the Improvements upon the Property as contemplated.. The -teem 11 rmprvvemeN4 ` 2. The Town recognizes that its interpretation of the Code, Including, without limitation, the current setback regulations established therein may not enable the Plaintiff O'Boyle, or a subsequent purchaser to rebuild or renovate the Improvements, including, without limitation, the home; or enable O'Boyle or a subsequent purchaser to demolish the Improvements, including, without limitation, the home and construct Improvements, including, without limitation, a new home. Accordingly, in order to resolve the Cases between the Plaintiffs and the Town, the Town agrees that the lot coverage, floor area ratio, height, and setback of, inter alfa, the home's entry feature shall be permitted in accordance with the plans submitted with the Application (the "Plans") (which Pians 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 4s used 1n, *he saMlemeti4 48wemem-t S�rali 4iso IMCWee-lv-f-�cie i m pMvemeA;t's -b be cot.str►c i-eo bN 4it Prapwf t . 2 5617370188 Fax 02:15:43 p.m. 07-26-2013 4122 3 to permit, inter alia, the floor area ratio, height of the home's entry feature, and front setback in accordance with the interpretation advanced by O'Boyle counsel In the argument portion of O'Boyle's Petition for Writ of Certiorari. The Development Agreement will also recognize that the Property's (including its Improvement's) setbacks will not be measured from the point of measurement currently established in the Code; but will be measured in accordance with the actual Property lines for building purposes among other purposes. It is also the purpose of the Development Agreement to facilitate the Plaintiffs or subsequent owner's demolition, rebuilding or renovation of the Improvements, including, without limitation, the existing home, or the construction of Improvements, including, without limitation, a new home. The Development Agreement shall be substantially in the form provided for in Section 163,3220, Fla. Stat. The Development Agreement shall include terms customarily used in the Town (but adapted to reflect the agreements of the parties as contained herein). The Development Agreement, among other things, shall allow the Plaintiff or a subsequent owner to demolish, rebuild or renovate the Improvements, including, without limitation, the home or to construct Improvements, including, without limitation, a new home such that the front setback is not measured as currently established in the Code. 3. Both the Town and O'Boyle agree to act in good faith to promptly enter into the Development Agreement, which Development Agreement shall contain terms consistent with the terms set forth herein as they relate to the Property, including those necessary or appropriate so as to facilitate the construction of the Improvements upon 3 5617370188 Fax 02:15:55 p.m. 07-26-2013 5122 the Property as set forth in the Application; and such other terms which are customary for Development Agreements in the Town for similar type Properties and improvements contemplated under the Application. The Town agrees to execute the Development Agreement as soon as practicable within Florida Statutes, but in no event later that 60 days from the date of this Agreement. 4. The Town agrees to waive any fees the Plaintiff might normally incur which are associated with the Development Agreement, the Application, the Approvals and any fines or assessments resulting from any violations existing at the Property, including, without limitation, the alleged violations set forth on the attached Exhibit B. 5. Intentionally Deleted. 6. Upon the execution of this Agreement by the Plaintiffs, the Town agrees to pay O'Boyle $180,000.00, in readily available funds by Federal Wire Transfer pursuant to Wire Transfer Instructions as designated by O'Boyle, which wire instructions are attached as Exhibit C. 7. Upon execution of this Agreement, the Town agrees that O'Boyle can proceed to improve the Property In accordance with the Application and to promptly provide O'Boyle with such Approvals as necessary. 8. Upon the execution of this Agreement, the Plaintiffs shall dismiss with prejudice the Cases. 9. Upon execution of the Agreement, O'Boyle shall promptly (a) remove all signs from the Property other than approved address signs, and (b) within twenty days 4 5617370188 Fax 02:16:07 p.m. 07-26-2013 6/22 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. 19. 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 "131" attached hereto (the "Town Release"). (B) The Townselease of Plaintiffs. On the Effective Date, the Town shall execute and deliver a general release in favor of the Plaintiffs, which release is attached as Exhibit "132" attached hereto (the "Plaintiffs Release"). 13 Representations and Warranties of the Plaintiffs. Each of the Plaintiffs represents and warrants to the Town as follows: 5 5617370188 Fax 02:16:16 p.m. 07-26-2013 7/22 (a) that the representing Plaintiff has not sold, assigned, transferred or otherwise disposed of any claims that any of the Plaintiffs had against the Town before the Effective ©ate; (b) that the Plaintiffs each represent that they have the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement as they apply to such Plaintiff; and (c) this Agreement has been duly and validly executed and delivered by the Plaintiffs and constitutes a legal, valid and binding obligation, enforceable against the Plaintiffs in accordance with its terms. 14.. Representations and Warranties of Town. The Town represents and warrants to each of the Plaintiffs as follows: (a) that the Town has not sold, assigned, transferred or otherwise disposed of any claims that the Town had, before the Effective Date against all or any of the Plaintiffs; 5617370188 Fax 02:16:25 p.m. 07-26-2013 8/22 (b) that the Town has the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement; and (c) this Agreement has been duly and validly executed and delivered by the Town and constitutes a legal, valid and binding obligation, enforceable against the Town in accordance with Its terms. 45. 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 (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. 96. Continuation and Survivabilily of Representations Warranties and Covenants. The representations, warranties and covenants contained in this 7 5617370188 Fax 02:16:34 p.m. 07-26-2013 9122 Agreement shall survive the consummation of the transactions provided for in this Agreement 17. Indemnification. The Plaintdfs, 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. In a nification. 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 attomeys' 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. 5617370188 Fax 02:16:45 p.m. 07-26-2013 10/22 19. Notice of Default. No default shall have occurred under this Agreement until the defaulting party shall have been given 10 -days written notice to cure. If the cure is such that is will reasonably take longer than 10 -days and the defaulting party is pursuing the cure with diligence, then time within which to cure any such default shall be extended for such period as may be necessary to complete the curing of the default, providing that diligence and continuity are being used. 20. No Third Party Beneficiaries. This Agreement shall not create rights in any third -party beneficiary nor confer any benefit upon or enforceable rights hereunder upon anyone other than the parties and the "Releasees" in the Plaintiffs Release and/or the Town Release. 21. FurtherKli22P_graflon. The Plaintiffs 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 5617370188 Fax 02:16:57 p.m. 07-26-2013 11 /22 parties therefore, agree and consent that the remedy of specific performance should be granted in any proceeding which may be brought to enforce any party's obligations under this Agreement without the necessity of proof that such party's remedy at law is inadequate. Such equitable relief shall not be the aggrieved party's sole remedy but shall be in addition to all other remedies available in law or equity, 23. VLO_Iuntary Execution of A reement 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 subheadings contained In the titles of this Agreement are for convenience only and shall not be interpreted to limit or after 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 5617370188 Fax 02:17:07 p.m. 07-26-2013 12/22 26. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. No party hereto may assign its rights or delegate its obligations under this Agreement without the express prior written consent of the other parties hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, other than the parties and their respective heirs, successors and assigns, any remedy or claim under or by reason of this Agreement or any terms, covenants or conditions hereof. All the terms, covenants, conditions, promises and agreements contained in this Agreement shall be for the sole and exclusive benefit of the parties and their respective heirs, successors and assigns. 27. Notices. All notices, requests and demands to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made: if delivered in person, immediately upon such in person delivery; if by nationally recognized overnight courier service with instructions to deliver the next business day, upon delivery to the receiving party; and if by registered or certified mail, return receipt requested, upon delivery to the receiving 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 5617370188 Fax 02:17:19 p.m. 07-26-2013 13122 the Town: Town of Gulf Stream �- 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Facsimile: 561-737-0188 111titFz a.copy to Jones Foster Johnston & Stubbs, P.A. 505 South Flagier Drive, Suite 1100 West Palm Beach, FL 33401 John C. Randolph, Esquire Facsimile: 561-650-0465 If to any of the Plaintiffs: Martin E. O'Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 With a copy to: William F. Ring, Jr., Esquire Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 28. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs or photocopies of this Agreement with all signatures reproduced shall be considered, for all purposes, as if it were an executed original counterpart of this Agreement. 12 5617370188 Fax 02:17:29 p.m. 07-26-2013 14122 29. Entire Aareement, 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. 39. 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 W 5617370188 Fax 02:17:39 p.m. 07-26-2013 agreements, or any part thereof, O'Boyle and the Town agree that they shall each use their best efforts to vigorously defend any such actions. 34. Apology. The Town recognizes the stress and strife that the O'Boyle family has endured as a result of the Town's conduct. The Town recognizes that the O'Boyle home has a value well in excess of $1,000,000, but is uninsurable against wind because of the non-existence of proper protection, which would have been part of the Improvements installed by O'Boyle had the Town not initially denied the Application. The Town is indebted to O'Boyle for the many deficiencies in connection with the Town code that he has identified since his submission of the Application. The Town Commission believes that O'Boyle's actions will ultimately result in Gulf Stream being a better and friendlier place to live. 35. Reservation of Fights. 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 andtor 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 9981. Notwithstanding the provisions of this Paragraph 35, O'Boyle shall not construct a home (or retrofit the existing home) on the Property so that it is more than two stories. 14 15/22 5617370188 Fax 02:17:52 p.m. 07-26-2013 16/22 36. Building Envelope. The Development Agreement will: (a) include a survey provided by O'Boyle, which survey shall provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of Improvements within the area between intercostal waterway, the private roads and the common property line to the west IN WITNESS WHEREOF, the undersigned have executed this Agreement as of July 26, 2013, By: 0 a Commerce Group, Inc. Mart le, President N984AC Caravan, LLC MaOn E. O'Boyle, Member Airline Highway, LLC Martin E. O'Boyle Managing Member p:Wocsl13147A00013WocX1gr6737.docx - 15 5617370188 Fax 02:18:01 p.m. 07-26-2013 17/22 EXHIBIT "A" CASE NO. 15th Judicial* Circuit Palm Beach County, Florida PARTIES SUBJECT 502013CA00675OXXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #332 502013CA008125XXXXMBAH Commerce Group, Inc. vs Town of Gulf Stream PR #000 502013CA008809XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #343 502013CA008701XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #340 502013CA008594XXXXMBAG Airline Highway LLC vs Town of Gulf Stream PR #341 502013CA008452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #336 502013CA008919XXXXMBAD N984AC Caravan LLC vs Town of Gulf Stream PR #351 502013CA01 1 120XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013CA01 11 22XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR Signage 502013CA011411XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR #407 502013CA01 141 6XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #408 502013CA011417XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR # 409 602013CA011421XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #410 502013CA011423XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR # 411 502013CA011424XXXXMBAE Martin E. O'Boyle vs Town of Gulf Stream PR #412 502013CA006388XXXXMBAY Martin E, O'Boyle vs Town of Gulf Stream Certiorari US District Court Southern District of Florida 13 -CIV -80530 Middlebrooks/Brannon Martin E. O'Boyle vs Town of Gulf Stream injunction Declaratory Judgment p:Wocsll 314710061314 ocil gq 17B3.docc 5617370188 Fax Butldia�Ptana`ta ma8 ma8 ZOnIa$ D% pdrtmeat Town of Gulf Stream 100 Sea Road - GulfStream, FL 334B3 02:18:14 p.m. 07-26-2013 18122 Art:ic R73 , CODE I WORCBpaNT SPECIAL MAGISFAX TRATE tsb! TOWN OF GULF STREAM, FLORIIMA CASE NO: CE 2_13 STATEMENT OF VIOLATION AND NOTICL OF HEAf2IHG Pursuam to section 2-75 of the Town of Guff Stream Code of Ordinauce, the undersigned he notice of uncorrected violation(s) of the Town of Gulf Stream Cade(s} more particular herein, and Of a PUBLIC HEARING be lore the COV4 ENFORCI+MEtVTt MAGISTRATE of the Town. i. Location/Address where violations) exist(a). 23 Hidden iarbatn- 2. Lepal'Description: Lot: 5 Hidden }arbour Estates 3. Name and address of owner/person in _ . chage where violation(s) exist(s), .matin E. 4. Viotatiou of ToWn Code Sections) and description(s): & � Sign -Painted' on S aide : r. K Sec- 66-446 prohibits sbeing etaitted. stri es• t-4 n sir Sec. 70-106(b)(3) lists � vegn not listed as Spanish y pei�Et ted. Thin si p not listed. 1 S1 I !T71approved colors for Spatush Mex3iterianean sizvet r '& colors in P"•,•"i__ it � colors zee a Levet 1 changes ,; 41MVArehi sect ura115it achangesPlan >�� a ' these { j ATTAC ED -Emilm OF VIOLATION') i 5. Date of First lnspection: t Faxed notide On 5»1-13. Refused to ac t 6. Date Owner ea Tcc,n delivered zio ee 5-1-13 firststotifiedof I Iationjs): ePted notice at rocs, Ball On 5-3- 31 7. Date onlh Was given 48 boors which was 3, 2013 Y, which'Violations are to be corrected: In the mace the refused but via fax sent BRORTANTNOTICEt***#**** Unless the violator corrects the violatioa(a) described heroin by the date set farQr ab CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 5¢l� 5t l6 ver* COMPi.iANCE With Uu Town Cade(s) cited herein, NOTICE IS ;HERBY GIVEN THAT A pt lg Tic BRARiNG WiLi BE CONDUCTED for the above referenced propsdrty before the To Stream Code Enforcement Special Magistrate on 6-4-i3f Clttlf as the case can. be heard in the Town Hall Co at 2„ P,M. oras soon hereafti• Stream; Florida, uunismon Chamber located at I00 Sea Qrj, Gulf YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at i answer allegations that you have violated the above cited seetions.of the Cade of Oriiirisin ..�ofethc Tow -4 -of Gulf Shand, IF YOU -PAIL TO c solely upon presentation by the Town Code Inspector the Speeial Magistrate may base hislh findings William Ii: Thrasher, Pawn Manager Town of Gulf Stream 5617370188 Fax 02:18:32 p.m. 07-26-2013 19/22 YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (56I) 276 5l 16 ON OR BFF RB DHS B THAT THB PARCEL OF REAL PROPERTY OWNED BY U AND iN°EHM NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES THAT YOU ARE REQUESTING A REINSPECTION. IF THE VIOLATIONS) IS/ARE NOT CORRBCTBD IN THE TIML SPECI CORRECTION, OR IF Tin VIOLATION(S) IS/ARB CORRECTED AND THIN RECI CASE MAY BB PRESENTED TO THE SPECIAL MAGISTRATF gygN IF THE VIO — - HAVE BEEN CORRECTED PRIQR TO THE SPECIAL, MAGISTRATE HEARING. IFYOEJ FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMIi CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL I DESCRIBED HEREIN AND OWNED By YOU CONTMES.To BE IN VIOLATION. If the Special Magistrate fortis that you have committed a violation, helshe may order IA! COMPLIANCE with the Code and if you fail to comply with such order within the timr 'forth therein, he/she can M20SE ANNE OF UP -TO $250,00 PER DAY for each violatim is uon-compliance. If the Towa is successful in prosecuting your case before the Special Magistrate FiNB$ IIvII?OSED BY TETE SPECIAL MAGISTRATE SUCH FINES SHALL CONST1TU E'A ANY REAL OR PERSONAL. PROPERTY OWNED BY YOU. FAILURE.TO PAY slV( CAN RESULT iN FORECLOSURE AND COLLECTION ACTION BY TIM TOWN. If you disagree with a decision of the Special Magistrate, you may appeal to thb C)Rcurr 0 PALM BEACH COUNTY within 30 -DAYS atter the Special Magistrate's O"Wis entered, Ifyou wish to have the Special Magistrate RECONSIDER your case for any reason arid yot In rote and is now in compliance and you wish to request a MUCf10N IltiT APPLICATION AND THE APPROPRIATE FEB MUST BB SUBM GULF STREAM FOR ANY SUCH MQUESTS, ALL S7` BE FOR TIEIB SPE GIS TO RECONSIDER U S FOR TO THE T SUCH YOUR CASE. If a person decides to appeal any decision made by the Special Magistrate with respect to considered at subject meeting they will need a record of the probeedings, aud•for such p tuay need to ensure that a verbatim record of the pmceedings is made, upon which regio testimony and eWdmce upon which appeal is to be based. (FS 286.}105). PLEASE GOVERN YOURSELF ACCORDINGLY. By: Ritn L Taylor, Town rk Town of Gulf Stream loo Sea Road Gulf Stream,.FL 33483 .(561)276-5116 FOR THE BY THE get LL BE EN ON FINES OF cess was an iWN OF matters se, they 5617370188 Fax 02:18:48 p.m. 07-26-2013 20/22 Wiring Instructions: Branch Banking and Trust Company 300 Summers Street Charleston WV 25301 Routing # 051503394 Commerce Realty Group Inc Account # 5177704344 Attn: Robert Boder Phone: 304-341-1043 5617370188 Fax 02:18:54 p.m. 07-26-2013 21122 Exhibit "Dl" .RELEASE This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given by the Plaintiffs (collectively the "Releasors' to the Town of Gulf Stream and its employees and elected and appointed officials (collectively referred to herein as the "Releasees"). In consideration of Ten Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had, has or may have, arising from, related to or in connection with the Cases and the matters contained in this Agreement. Notwithstanding anything herein to the contrary, this Release does not include and specifically excludes all obligations Releasees have to the Releasor under that Settlement Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreement") and arising under all instruments and documents delivered or executed in connection with and in furtherance of the Settlement Agreement. Releasors and their respective agents, attorneys, shareholders, officers, directors, employees, heirs, executors, administrators, personal representatives, successors and assigns are bound by this Release. This Release shall inure to the benefit of each of the Releasees and their respective heirs, executors, administrators, successors and assigns. This Release is governed by and shall be construed in accordance with the laws of the State of Florida. IN SS WHEREOF, the undersigned have executed this Release as ofthe day and date first tteigabove. E. O'Boyle By: At/'"— Commerce Group, Inc. E. O'Boyle, President By: N AC Caravan, LLC Martin E. O'Boyle, Member By: _Lfi--L Airline lEghway, LLC Martin E. O'Boyle Managing Member 5617370188 Fax 02:19:09 p.m. 07-26-2013 22/22 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 Plaintiffs (collectively referred to herein as the "Releasees"). In consideration of Ten Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had , has or may have, arising from, related to or in connection with the Cases and the matters contained in this Agreement. Notwithstanding anything herein to the contrary, this Release does not include and specifically excludes all obligations Releasees have to the Releasor under that Settlement Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreement") and arising under all instruments and documents delivered or executed in connection with and in fiurtherance of the Settlement Agreement. Releasors and their respective agents, attorneys, shareholders, officers, directors, employees, heirs, executors, administrators, perso 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 HEREOF, the undersigned have executed this Release as of the day and date first written aboke. _ 1 1 N ,pnC�ypw IL ( o CDth CD ID y It ID It O A 2D' O (D fDtj 23 1 gl j 1 `�° Q for 1 1 `LL Cr? N HARBOUR PLAT TWO 115 PACES 17 & 174) --- -------- — fn �' ate . Er ( ( 1 `1 (A 1� 1 F O 54 Al .-. a• (D R a R. O ID °, a ' 0t;� g, » E'r It K Q CD c � o f t IR Rio g a 4 alltill � so m Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 21, 2019 12:37 PM To:Trey Nazzaro Cc:William Ring Subject:23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 UP PR O P E R T Y L I N E E A S E M E N T 2 0 ' - 0 " . EX I S T I N G EN T R Y FE A T U R E EX I S T I N G D R I V E W A Y T O RE M A I N NE W P O O L PR I V A T E C A N A L +4 . 0 9 , E X I S T I N G TO P O F SE A W A L L +4 . 9 1 , EX I S T I N G NE W S T A I R FL O O R + 7 . 9 8 GA R A G E + 7 . 1 0 EX I S T I N G 1 & 2 ST O R Y R E S I D E N C E NE W E X P A N D E D PL A T F O R M 1 8 6 . 1 8 ' S . 7 0 I 4 5 ' 0 5 " W . 3 0 .1 6 ' S .7 I 4 3 '3 3 "W. HI D D E N H A R B O U R D R I V E 33 7 . 6 6 ' S. 8 8 I 0 7 ' 2 0 " E . 1 0 1 . 4 2 ' N . 2 8 I 2 9 ' 0 0 " E . 11 5 . 5 0 ' S. 8 8 I 0 7 ' 2 0 " E . 1 8 7 . 7 9 ' N . 1 I 5 2 ' 4 0 " E . NE W EX P A N D E D PL A T F O R M EQ U I P . AR E A AC U N I T S NE W R O O F ST R U C T U R E TR E N C H D R A I N GE N E R A T O R SO L A R P A V E R FL O O R L I G H T I N G BO L L A R D LI G H T I N G SO L A R P A V E R FL O O R L I G H T I N G NE W S T A I R SP A P R O M E N A D E 12'-0" 5 ' - 0 " N O B O A T D O C K I N G B O A T D O C K N O H I G H E R T H A N 5 .5 F T . 7"TOP OF PROMENADEPOOL PLATFORM 6.5 +/-REVISIONS DRAWING NUMBERJOB NUMBERDATEDRAWING TITLEFILE NUMBER DRAWN BYCONSTRUCTIONSEALISSUED FOR :BIDS PERMIT PROJECT TITLE T H I S D O C U M E N T I S T H E P R O P E R T Y O F C U R R I E S O W A R D S A G U I L A A R C H I T E C T S I N C . A L L R I G H T S A R E R E S E R V E D . A N Y P O S S E S S I O N , R E P R O D U C T I O N O R O T H E R U S E O F T H I S D O C U M E N T , W I T H O U T T H E W R I T T E N C O N S E N T O F C U R R I E S O W A R D S A G U I L A A R C H I T E C T S I N C . , I S P R O H I B I T E D . Architecture, Planning,Interiors, & Sustainable Design AA26001584 185 NE 4TH AVENUE SUITE 101 DELRAY BEACH, FL 33483 THESE DRAWINGS ARE PREPARED PER ESTABLISHED INDUSTRY STANDARDS AND REPRESENT THE ARCHITECT AND ENGINEERS DESIGN CONCEPT. THEY ARE NOT INTENDED TO PROVIDE EVERY DETAIL OR CONDITION REQUIRED TO CONSTRUCT THE BUILDING. THE CONTRACTOR THROUGH SUBMITTALS AND OTHER COORDINATION EFFORTS IS FULLY RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL BUILDING WHETHER INDICATED ON THE PLANS OR NOT.T:(561) 276-4951 F:(561) 243-8184 E-MAIL: office@csa-architects.com 10/05/2018 2 / 1 9 / 2 0 1 9 3 : 2 9 : 0 5 P M C:\Users\Jim\Documents\Revit Local Files\Oboyle Resid Dock\120902-OBOYLE-23 HH_Jim.rvt SITE PLAN JC A1.01OBOYLERESIDENCERENOVATION23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA 12090210-5 -2018 PERMIT SET 10/5/2018 SI T E P L A N N 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. SI T E D A T A SI T E A R E A 39 , 2 4 3 S . F . 0. 9 0 A C . EX I S T . W A T E R A R E A 11 , 3 9 4 S . F . 29 . 0 % EX I S T . B U I L D I N G F O O T P R I N T 5, 0 4 8 S . F . 12 . 9 % NE W E X T E R I O R L O G G I A 51 7 S . F . EX I S T . H A R D S C A P E 9, 5 3 9 S . F . 24 . 3 % NE W H A R D S C A P E 11 , 6 0 6 S . F . 29 . 6 % EX I S T . L A N D S C A P E 13 , 2 6 2 S . F . 33 . 8 % NE W L A N D S C A P E 11 , 1 9 5 S . F . 28 . 5 % BU I L D I N G A R E A EX I S T . G R O U N D F L O O R A R E A 5, 0 4 8 S . F . EX I S T . 2 N D F L O O R A R E A 2, 7 1 6 S . F . EX I S T . T O T A L B U I L D I N G A R E A 7, 7 6 4 S . F . AP P L I C A B L E B U I L D I N G C O D E S FL O R I D A B U I L D I N G C O D E _ R E S I D E N T I A L _ _ _ _ _ _ 20 1 7 FL O R I D A B U I L D I N G C O D E - EL E C T R I C A L _ _ _ _ _ _ _ 20 1 7 FL O R I D A B U I L D I N G C O D E - EX I S T I N G _ _ _ _ _ _ _ _ _ 20 1 7 LO C A L A M E N D M E N T S _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( Y E S ) CO D E D A T A FL O R I D A B U I L D I N G C O D E OC C U P A N C Y T Y P E R -3 S I N G L E F A M I L Y R E S I D E N C E TY P E O F C O N S T R U C T I O N TY P E V B -UN S P R I N K L E R E D MA X . H E I G H T 40 ' MA X . A R E A P E R F L O O R UL EX I S T . 1S T L E V E L 5, 0 4 8 S . F . 2N D L E V E L 2, 7 1 6 S . F . NUM. D E S C R I P T I O N D A T E PO O L P L A T F O R M S T E P D O W N T O P R O M E N A D E Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 21, 2019 12:37 PM To:Trey Nazzaro Cc:William Ring Subject:23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 21, 2019 12:37 PM To:Trey Nazzaro Cc:William Ring Subject:23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 21, 2019 12:37 PM To:Trey Nazzaro Cc:William Ring Subject:23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 21, 2019 12:37 PM To:Trey Nazzaro Cc:William Ring Subject:23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Tuesday, March 19, 2019 12:51 PM To:Rita Taylor Cc:Trey Nazzaro; William Ring Subject:23 Hidden Harbour - Promenade Plan Rita – I am following up on the Application and Promenade Plan and Application Fee that was hand delivered to you on th Monday March 11. Any news? Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Wednesday, July 5, 2017 12:05 PM To:Rita Taylor Cc:William Ring; Brenda Russell; jrandolph@jones-foster.com; Marty O'Boyle Subject:23 North Hidden Harbour Drive, Gulf Stream, FL 33483 - Our Project #1101 Attachments:Rita Taylor letter of 07.03.17 regarding site plan showing proposed deck and dock.pdf Dear Rita This will aknowledge receipt of your letter of 7/3/17, a copy of which is attached to this E-Mail. I refer you to the second paragraph wherin you recite the following provisions of the Code relative to the “dock”: “Section 66-369(6) b. provides that no dock shall exceed 5 feet in width. The dock on the site plan is 12 feet wide. and Secton 66-369(6) e. states there shall be a minimum side setback of 15 feet from the property line. The site plan indicates the dock is only approximatley 4 feet from the easterly lot line.” Further to the above, I refer you to that certain Settlement Agreement by and between PARTIES (as defined therein) and the Town of Gulf Stream dated July 26, 2013 and, more particulafly, Paragarph 35 which reads in relevant part as follows: “Reservation of Rights. Notwithstanding lanaguage in this Agreement (including the attached Release) O’Boyle reserves all rights and remedies related to any claims he may have related to the scope and size of Improvements which may be constructed upon the Property, to the extent that the scope and/or 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 Improvments (incluidng, without limitation, the home on the Property was originally issued, which date was approximately 1981…” Please confirm to me that the language in the two indented paragraphs above were in existenance in 1981 as recited in the quoted langage for the Settlement Agreement above. As always, your kind cooperation is appreciated. Given the passing of time, your prompt response would be even more appreciated. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 1 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 2 COMMISSIONERS SCOTT W. MORGAN, Mayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN K. ORTHWEIN DONNA S. WHITE July 3, 2017 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Martin E. O'Boyle 1280 West Newport Center Drive Deerfield Beach, Florida 33442 Re; 23 North Hidden Harbour Drive Gulf Stream, FL. Dear Mr. O'Boyle: JUL 0 5 2091 Telephone (561)276-5116 Fax (561)737-0188 Town Manager GREGORY L. DUNHAM Town Clerk RITA L. TAYLOR We have reviewed the site plan showing the proposed deck and dock at 23 North Hidden Harbour Drive. On receipt of the construction drawings for the deck, we are prepared to process a building permit for the deck. With regard to the dock that is also shown on the site plan, please be advised that, as presented, it is in violation of the Gulf Stream Code as follows: Section 66-369(6)b. provides that no dock shall exceed 5 feet in width. The dock on the site plan is 12 feet wide. Section 66-369(6)e. states there shall be a minimum side setback of 15 feet from the property line. The site plan indicates the dock is only approximately 4 feet from the easterly lot line. We will be in a position to start processing a building permit for the dock on receipt of a revised site plan that conforms to the Code along with construction drawings for the dock. Four copies of everything being submitted are required. Additional information is needed with regard to the proposed pool and pool deck. The site plan does not show the distance from the west property line to the.poo1. The site plan indicates that the paver.pool deck will be over a concrete slab. Therefore, we need to have it shown as to how run-off will be addressed. Very truly ours, Rita L. Taylor f ' own Clerk 100 SEA ROAD, GULF STREAM, FLORIDA 33483 s * m Q om >J Qm : o® : 4J /� g & ._ . 0 3 § O// .& rd rl \ -.4 »oH m H00g m � kC,4/ � ! m » \ Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Wednesday, July 5, 2017 12:05 PM To:Rita Taylor Cc:William Ring; Brenda Russell; jrandolph@jones-foster.com; Marty O'Boyle Subject:23 North Hidden Harbour Drive, Gulf Stream, FL 33483 - Our Project #1101 Attachments:Rita Taylor letter of 07.03.17 regarding site plan showing proposed deck and dock.pdf Dear Rita This will aknowledge receipt of your letter of 7/3/17, a copy of which is attached to this E-Mail. I refer you to the second paragraph wherin you recite the following provisions of the Code relative to the “dock”: “Section 66-369(6) b. provides that no dock shall exceed 5 feet in width. The dock on the site plan is 12 feet wide. and Secton 66-369(6) e. states there shall be a minimum side setback of 15 feet from the property line. The site plan indicates the dock is only approximatley 4 feet from the easterly lot line.” Further to the above, I refer you to that certain Settlement Agreement by and between PARTIES (as defined therein) and the Town of Gulf Stream dated July 26, 2013 and, more particulafly, Paragarph 35 which reads in relevant part as follows: “Reservation of Rights. Notwithstanding lanaguage in this Agreement (including the attached Release) O’Boyle reserves all rights and remedies related to any claims he may have related to the scope and size of Improvements which may be constructed upon the Property, to the extent that the scope and/or 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 Improvments (incluidng, without limitation, the home on the Property was originally issued, which date was approximately 1981…” Please confirm to me that the language in the two indented paragraphs above were in existenance in 1981 as recited in the quoted langage for the Settlement Agreement above. As always, your kind cooperation is appreciated. Given the passing of time, your prompt response would be even more appreciated. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 1 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 2 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Wednesday, July 5, 2017 12:05 PM To:Rita Taylor Cc:William Ring; Brenda Russell; jrandolph@jones-foster.com; Marty O'Boyle Subject:23 North Hidden Harbour Drive, Gulf Stream, FL 33483 - Our Project #1101 Attachments:Rita Taylor letter of 07.03.17 regarding site plan showing proposed deck and dock.pdf Dear Rita This will aknowledge receipt of your letter of 7/3/17, a copy of which is attached to this E-Mail. I refer you to the second paragraph wherin you recite the following provisions of the Code relative to the “dock”: “Section 66-369(6) b. provides that no dock shall exceed 5 feet in width. The dock on the site plan is 12 feet wide. and Secton 66-369(6) e. states there shall be a minimum side setback of 15 feet from the property line. The site plan indicates the dock is only approximatley 4 feet from the easterly lot line.” Further to the above, I refer you to that certain Settlement Agreement by and between PARTIES (as defined therein) and the Town of Gulf Stream dated July 26, 2013 and, more particulafly, Paragarph 35 which reads in relevant part as follows: “Reservation of Rights. Notwithstanding lanaguage in this Agreement (including the attached Release) O’Boyle reserves all rights and remedies related to any claims he may have related to the scope and size of Improvements which may be constructed upon the Property, to the extent that the scope and/or 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 Improvments (incluidng, without limitation, the home on the Property was originally issued, which date was approximately 1981…” Please confirm to me that the language in the two indented paragraphs above were in existenance in 1981 as recited in the quoted langage for the Settlement Agreement above. As always, your kind cooperation is appreciated. Given the passing of time, your prompt response would be even more appreciated. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 1 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, November 30, 2017 6:47 PM To:Rita Taylor Cc:Randolph, John C.; William Ring; Marty O'Boyle Subject:Development Agreement - O'Boyle - 2017 Plans - Dock Attachments:1.2.13 Survey Obrien.pdf Dear Rita: I hope you had a Happy Thanksgiving. I am writing you in connection with the Dock for Mr. O’Boyle’s residence at 23 Hidden Harbour Drive. On or about June 27, 2017 I submitted to the Town an application and Site Plan showing, inter alia, a 12’ wide dock (measured from the seawall cap). This dock ran along most of the length of Mr. O’Boyle seawall. I understand that on or about July 3, 2017 the Town denied the application/approval for this 12’ wide dock. Please confirm this application has been denied. Attached is a Survey for reference. Considering the above, please confirm that the Town would approve an alternate application and Site Plan providing for a 5-foot wide dock (measured from the seawall cap), running along Mr. O’Boyle’s seawall, with the east end and the west end of the dock setback 15’ from the property line. We would be submitting the alternate application reserving our rights and claims regarding the denial of the 12’ wide dock. Thanks in advance for your prompt response as we are anxious to begin construction and improvements to the property. Sincerely, Bill Ring Cc: John Randolph; Martin O’Boyle William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) 1 LOT 5cL OUTH SUBDI ISION (PLAT BOOK 25, PAGE 67) L O Y 4 -- SOUTH .ROAD 30 PRIVATE ROAD EASEMENT (KAT BOOR 24 PAGE 67) ____—RF '•PSI -- 5' PL9JC UBITY EASEAfN1' S8B97770� j ' (PLA T BOOK 2$ PAC£ 67� �]h BOX---77�i PRIVATE CANAL - UR. ih "44R L�L�iill Ai0' FLGl07 +7.97 Q T SET FALLS IN WATER FLOOR +7.97 Lor 4 YO ALAIEET? HIDDEN HARSUR DR/VE m SFEC� zITYEA�E aT PAVED 20' PRlVAJETOAM UIp.ITY EASibEIAT (KAT BOOK JL5, PACES 173 & 174) PI to, BLFFER £ASEA DVT — — -- C A TOY WALL ASSN WALL O'( WBM\ ylb JAY FLOOR +798 L o r BRICK 1&2STORYREST DRIVE *23 PLAT BOOKiA7GPA 110) g Gw'" K004 BUepne' AWA 0aAaLar,3 GARAGE) = 49J2 so. Fr. L 0 T 5 L 0 T 4 G i r1a 186 bs "Y 47.4' s d � WOOD DLCK � %49 FOU'0 0 SAD O ry Q� 1 Q ��w I N" �Lij Q - O I Lr) PRIVATE CANAL (PLAT BOOK 36, PAGE 110) I I O FALLSS I J WATER Q O Q- \ I \\ //(FLAT TJr �Cy(7lE�PACf3773 &E77) C) I cll'-111x1 rmomrz stere r: ano.00a� LEGEND.' LC = CENTERLINE UB = UTILITY BOX CONC. = CONCRETE PE = CONCRETE PAD FOR POOL EQUIPMENT T.P. = CONCRETE PAD FOR TRANSFORMER ORB. = OFFICIAL RECORDS BOOK — — = OVERhFAD U77LITY LIAES �F--- = CHAIN L11WC FENCE THE NORTH LINE OF LOT 51S ASSUMED TO BEAR S8800720' AA TOTAL AREA 39,243 SQ. FT AREA NORTH AND WEST OF PAVED ROAD 4,384 SQ. FT. AREA OF PAVED ROAD 5.117 SQ. FT. AREA WITHN 10' BUFFER ALONG PAVED ROAD 2,717 SQ. FT. AREA UNDER WATER 10,782 SQ. FT. AFFECTIVE LOT AREA 16,243 SQ. FT. 71 DESCRIP7701Ak LOT 5, HDDEN HARBOLP ESTATES, ACCORDING TO TFE PLAT THEREOF AS RECORDED IN PLAT BOOK 36 PAGE IV,, PUBLIC RECORDS OF PALM BEACH COINdTY, FLORIDA MAP OF BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS SURVEY WAS MADE OWER MY RESPONSIBLF CHARGE AND MEETS THE MINIMUM TER"CAL STANDARDS AS SET Fon TH.AY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17,.FLORiDA ADMINISTRATIVE CODE, PL06VANT TO SECTION 472.027, FLORIDA STATUTES. NOT VALID OWUT TIE 91VTIAtE AND THE ORIGINAL RAISED SEAL OFA FLORIDA LICENSED SMWYOR AND MAPPER. JJ5708 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, November 30, 2017 6:47 PM To:Rita Taylor Cc:Randolph, John C.; William Ring; Marty O'Boyle Subject:Development Agreement - O'Boyle - 2017 Plans - Dock Attachments:1.2.13 Survey Obrien.pdf Dear Rita: I hope you had a Happy Thanksgiving. I am writing you in connection with the Dock for Mr. O’Boyle’s residence at 23 Hidden Harbour Drive. On or about June 27, 2017 I submitted to the Town an application and Site Plan showing, inter alia, a 12’ wide dock (measured from the seawall cap). This dock ran along most of the length of Mr. O’Boyle seawall. I understand that on or about July 3, 2017 the Town denied the application/approval for this 12’ wide dock. Please confirm this application has been denied. Attached is a Survey for reference. Considering the above, please confirm that the Town would approve an alternate application and Site Plan providing for a 5-foot wide dock (measured from the seawall cap), running along Mr. O’Boyle’s seawall, with the east end and the west end of the dock setback 15’ from the property line. We would be submitting the alternate application reserving our rights and claims regarding the denial of the 12’ wide dock. Thanks in advance for your prompt response as we are anxious to begin construction and improvements to the property. Sincerely, Bill Ring Cc: John Randolph; Martin O’Boyle William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) 1 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, November 30, 2017 6:47 PM To:Rita Taylor Cc:Randolph, John C.; William Ring; Marty O'Boyle Subject:Development Agreement - O'Boyle - 2017 Plans - Dock Attachments:1.2.13 Survey Obrien.pdf Dear Rita: I hope you had a Happy Thanksgiving. I am writing you in connection with the Dock for Mr. O’Boyle’s residence at 23 Hidden Harbour Drive. On or about June 27, 2017 I submitted to the Town an application and Site Plan showing, inter alia, a 12’ wide dock (measured from the seawall cap). This dock ran along most of the length of Mr. O’Boyle seawall. I understand that on or about July 3, 2017 the Town denied the application/approval for this 12’ wide dock. Please confirm this application has been denied. Attached is a Survey for reference. Considering the above, please confirm that the Town would approve an alternate application and Site Plan providing for a 5-foot wide dock (measured from the seawall cap), running along Mr. O’Boyle’s seawall, with the east end and the west end of the dock setback 15’ from the property line. We would be submitting the alternate application reserving our rights and claims regarding the denial of the 12’ wide dock. Thanks in advance for your prompt response as we are anxious to begin construction and improvements to the property. Sincerely, Bill Ring Cc: John Randolph; Martin O’Boyle William F. Ring Real Estate & Development Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) 1 UP PR O P E R T Y LI N E LI N E O F E F F E C T I V E LO T A R E A . 1 1 ' - 8 " E X I S T I N G B U I L D I N G S E T B A C K 1 0 ' - 0 " LI N E O F E X I S T . E N T R Y FE A T U R E EXISTING DRIVEWAY TO REMAIN PR I V A T E CA N A L NE W W O O D CO M P O S I T E DO C K / D E C K I N G NE W W O O D S T A I R 6 R I S E R S NE W S T A I R 4 R I S E R S +4 . 0 9 +3 . 9 0 +3 . 9 0 +3.91 4 4 '-6 " 4 1 ' - 2 " 8 ' - 0 " 1 2 ' - 0 " 1 2 '-0 " 4 '-4 " 1 0 '-0 " O /C 1 0 '-0 " 1 0 '-0 " (1 8 ) 1 0 " D I A . CO N C . P I L E (T Y P . ) 2X 6 D E C K I N G 3 4 '-4 " 8 ' - 8 " 8 ' - 8 " 8 ' - 8 " 2X 8 s 2 ' - 1 0 " 3 2 ' - 2 " 3 ' - 4 " 7 ' - 6 " 24 ' - 8 " PO O L ( B Y OT H E R S ) PR O P E R T Y L I N E P R O P E R T Y L I N E ED G E O F SE A W A L L ED G E O F SE A W A L L EDGE OF SEA WALL 1 A7 . 0 1 14 ' - 3 " NE W C O N C . 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Architecture, Planning,Interiors, & Sustainable Design AA26001584 185 NE 4TH AVENUE SUITE 101 DELRAY BEACH, FL 33483 THESE DRAWINGS ARE PREPARED PER ESTABLISHED INDUSTRY STANDARDS AND REPRESENT THE ARCHITECT AND ENGINEERS DESIGN CONCEPT. THEY ARE NOT INTENDED TO PROVIDE EVERY DETAIL OR CONDITION REQUIRED TO CONSTRUCT THE BUILDING. THE CONTRACTOR THROUGH SUBMITTALS AND OTHER COORDINATION EFFORTS IS FULLY RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL BUILDING WHETHER INDICATED ON THE PLANS OR NOT.T:(561) 276 -4951 F:(561) 243 -8184 E -MAIL: office@csa -architects.com 4-07-2017 8 / 1 1 / 2 0 1 7 8 : 4 4 : 3 3 A M J:\120902 OBOYLE RESIDENCE\DRAWINGS\OBOYLE RESIDENCE RENOV-DOCK\DRAWINGS\120902-OBOYLE-DOCK.rvt ENLARGED SITE PLAN JC A1.02OBOYLERESIDENCEKITCHEN AND DOCK RENOVATION 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA 1209024-07-2017 PERMIT SET 4/07/2017 1/8" = 1'-0" A1 . 0 2 1 SITE PLAN Enlarged 12'-0" WIDE DOCKN 1 " = 1 ' - 0 " A1 . 0 2 2. DE T A I L C O L U M N T O B E A M C O N N E C T I O N NUM. D E S C R I P T I O N D A T E 1 B l d g . D e p t . C o m m e n t s 5 / 9 / 1 7 2 C o n t . D o c k t o P r o p L i n e 8 / 1 0 / 1 7 1 1 1 l 1 1 PROPERTY LINE 1 I I I 1 EDGEO RETAINING WALL F--DSCAPING 7 w�", 2X82x6DECKING EDGEOF SEA TOP Q (.21' FRCM F.F.) EXISTING POOL TO REMAIN i —EDGE OF SEAWALL \� `PRIVATE CANAL EDGE OF SEA WALL / 4 PROPERTY LINE (3) 2X8 HTS -20 EA. SIDE EA, END 8.540.625 GLULAM OR 7x224 VERSALAM FBC 2014 170 MPH ULTIMATE WIND SPEED (3 SEC GUST) 132 MPH NOMINAL WIND SPEED (3 SEC GUST) RISK CAT=11 EXP='C' PORCH LIVE LOAD= 100 PSF PORCH DEAD LOAD= 15 PSF NET UPLIFTS= 26 PSF 1 SITE PLAN Enlarged A1.02 18•=1- 12'-O'WIDEDOCK Notes: 1. Backup generator to be installed. 2. Propane tank(s) to be Installed 3. At Improvements and equipment shown to be Installed hereon Shall be Installed in accordance with the Town of Gulf Stream Code in existence as of January 1, 1981. 4. Martin O'Boyle reserves the right to make such other Installations and Improvements provided such other Installations and Improvements shall be Installed In accordance with the Town of Gulf Stream Code in existence as of January 1, 1981. s CURRIE SOWARDS AGUILA architects Architecture, Planning, Interiors, & 5ustalnable Oeslgn AA260015M 185 HE 4TH AVENUE SUFTE:01 DEIMY eFApl, FL J3483 3-.(561) 276-4951 F:(561) 243-81&4 Et4111: I-*.. xrrAi[eRz.mm 155'uE0 TCR : CURRENT 5-10-2018 PERVIT 4-07-2017 11F `1RU;110N FFJ)CCT TUEE OBOYLE RESIDENCE KITCHEN AND DOCK RENOVATION 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA aL n= D.u5 NUM DESCRIPTION DATE _t Bid}Dppl Comments 5N'1] 2 Cmt Dxkb Prop line BI1D'i] ] Ovmer request 6!9'18 PER ESTABLISHED INDUSTRY STANDAROSANOREPRESENTTME ARCHITECT AND ENGINEERS DESIGN CON CEPT.THEYARENOTINTENDED TO PROVIDE EVERY DETAIL OR CONDITION REOUIRED TO CONSTRUCT THE BUILDING, THE CONTRACTORTHROUGH SUBMITTALS ANOOTHER COORDINATION EFFORTS IS FULLY RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL 1BUADrt�G wHUHER INDICATED CN -,7,R NOT. C ?vnt � IHIE"r ENLARGED SITE PLAN O h pc¢ cRArnr m LU 4-07-20171 JC U] 1209023- H 1—NG rvUu6EE. W A1.02 a- Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 28, 2019 5:58 PM To:Rita Taylor Cc:William Ring; Trey Nazzaro Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Rita: Thank you for calling me today about our Promenade. It always nice speaking with you. Attached is the drawing that I submitted to Trey and below is the accompanying email to Trey. I assume you have seen both of these. If you can, I would like for you to confirm to me by email that which you told me today – which is – It’s the Town’s possession that our proposed Promenade is a “dock”, and as a result the Town will not approve it. Thank you. Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring 1 William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 28, 2019 5:58 PM To:Rita Taylor Cc:William Ring; Trey Nazzaro Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Rita: Thank you for calling me today about our Promenade. It always nice speaking with you. Attached is the drawing that I submitted to Trey and below is the accompanying email to Trey. I assume you have seen both of these. If you can, I would like for you to confirm to me by email that which you told me today – which is – It’s the Town’s possession that our proposed Promenade is a “dock”, and as a result the Town will not approve it. Thank you. Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring 1 William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:Trey Nazzaro Sent:Thursday, February 21, 2019 12:40 PM To:Randolph, John C. Cc:OConnor, Joanne M. Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf FYI Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: William Ring <wring@commerce-group.com> Sent: Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring 1 Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 28, 2019 5:58 PM To:Rita Taylor Cc:William Ring; Trey Nazzaro Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Rita: Thank you for calling me today about our Promenade. It always nice speaking with you. Attached is the drawing that I submitted to Trey and below is the accompanying email to Trey. I assume you have seen both of these. If you can, I would like for you to confirm to me by email that which you told me today – which is – It’s the Town’s possession that our proposed Promenade is a “dock”, and as a result the Town will not approve it. Thank you. Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring 1 William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 28, 2019 5:58 PM To:Rita Taylor Cc:William Ring; Trey Nazzaro Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Rita: Thank you for calling me today about our Promenade. It always nice speaking with you. Attached is the drawing that I submitted to Trey and below is the accompanying email to Trey. I assume you have seen both of these. If you can, I would like for you to confirm to me by email that which you told me today – which is – It’s the Town’s possession that our proposed Promenade is a “dock”, and as a result the Town will not approve it. Thank you. Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring 1 William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:Trey Nazzaro Sent:Thursday, February 21, 2019 12:40 PM To:Randolph, John C. Cc:OConnor, Joanne M. Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf FYI Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: William Ring <wring@commerce-group.com> Sent: Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring 1 Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:Trey Nazzaro Sent:Thursday, February 21, 2019 12:40 PM To:Randolph, John C. Cc:OConnor, Joanne M. Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf FYI Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: William Ring <wring@commerce-group.com> Sent: Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring 1 Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:Trey Nazzaro Sent:Thursday, February 21, 2019 12:40 PM To:Randolph, John C. Cc:OConnor, Joanne M. Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf FYI Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: William Ring <wring@commerce-group.com> Sent: Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring 1 Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 28, 2019 5:58 PM To:Rita Taylor Cc:William Ring; Trey Nazzaro Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Rita: Thank you for calling me today about our Promenade. It always nice speaking with you. Attached is the drawing that I submitted to Trey and below is the accompanying email to Trey. I assume you have seen both of these. If you can, I would like for you to confirm to me by email that which you told me today – which is – It’s the Town’s possession that our proposed Promenade is a “dock”, and as a result the Town will not approve it. Thank you. Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring 1 William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 28, 2019 5:58 PM To:Rita Taylor Cc:William Ring; Trey Nazzaro Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Rita: Thank you for calling me today about our Promenade. It always nice speaking with you. Attached is the drawing that I submitted to Trey and below is the accompanying email to Trey. I assume you have seen both of these. If you can, I would like for you to confirm to me by email that which you told me today – which is – It’s the Town’s possession that our proposed Promenade is a “dock”, and as a result the Town will not approve it. Thank you. Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring 1 William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 28, 2019 5:58 PM To:Rita Taylor Cc:William Ring; Trey Nazzaro Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Rita: Thank you for calling me today about our Promenade. It always nice speaking with you. Attached is the drawing that I submitted to Trey and below is the accompanying email to Trey. I assume you have seen both of these. If you can, I would like for you to confirm to me by email that which you told me today – which is – It’s the Town’s possession that our proposed Promenade is a “dock”, and as a result the Town will not approve it. Thank you. Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring 1 William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 28, 2019 5:58 PM To:Rita Taylor Cc:William Ring; Trey Nazzaro Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Rita: Thank you for calling me today about our Promenade. It always nice speaking with you. Attached is the drawing that I submitted to Trey and below is the accompanying email to Trey. I assume you have seen both of these. If you can, I would like for you to confirm to me by email that which you told me today – which is – It’s the Town’s possession that our proposed Promenade is a “dock”, and as a result the Town will not approve it. Thank you. Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring 1 William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 28, 2019 5:58 PM To:Rita Taylor Cc:William Ring; Trey Nazzaro Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Rita: Thank you for calling me today about our Promenade. It always nice speaking with you. Attached is the drawing that I submitted to Trey and below is the accompanying email to Trey. I assume you have seen both of these. If you can, I would like for you to confirm to me by email that which you told me today – which is – It’s the Town’s possession that our proposed Promenade is a “dock”, and as a result the Town will not approve it. Thank you. Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring 1 William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, February 28, 2019 5:58 PM To:Rita Taylor Cc:William Ring; Trey Nazzaro Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf Rita: Thank you for calling me today about our Promenade. It always nice speaking with you. Attached is the drawing that I submitted to Trey and below is the accompanying email to Trey. I assume you have seen both of these. If you can, I would like for you to confirm to me by email that which you told me today – which is – It’s the Town’s possession that our proposed Promenade is a “dock”, and as a result the Town will not approve it. Thank you. Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring 1 William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:Trey Nazzaro Sent:Thursday, February 21, 2019 12:40 PM To:'Randolph, John C.' Cc:OConnor, Joanne M. Subject:FW: 23 Hidden Harbour - Promenade - Attachments:120902-OBOYLE-23 HH_Jim A101_2.19.2019.pdf FYI Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: William Ring <wring@commerce-group.com> Sent: Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring 1 Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:scottmorgan75@gmail.com Sent:Saturday, November 4, 2017 1:39 PM To:Joanne O'Connor; Robert Sweetapple; Jeff Hochman; Trey Nazzaro Subject:Fw: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 From: Marty O'Boyle Sent: Saturday, November 04, 2017 10:10 AM To: Scottmorgan75 Cc: Sheila O'Boyle Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 th Scott – thank you for your email below. Unfortunately, the 9 doesn’t work, as my “dance card” is pretty much full until rd after the end of the month. Next week is a “wipe out”, the following week I will be traveling, after that is my 33 Anniversary, then Thanksgiving, where we will be in WV until at least 12/3/17, after which I will either: (a) return to Florida for a few days then commence my end of the year “road trip”; or (b) commence my road trip on the rdst 3. Although too early to say, (b) makes more sense, as I will be in the neighborhood of my 1 stop. So, it looks like the soonest we could have a Mediation would be early December. The above aside, I’m struggling to understand the issues. This past weekend, I worked (certainly) 20 hours on the draft that I sent Joanne. The draft was redone, given what I understood “was the deal”. Then when Joanne did a U-turn on me and cancelled the Mediation, I was (somewhat) “shocked”! Scott, I have been preaching Mediation (which I believe would have gotten us done long ago) but the Town’s reluctance to go to Mediation, which still puzzles me, was an obvious impediment to that proposition. In any event, “we are where we are”. Having said that, I should be able to spend some time working on this project between now and month’s end, but I think the proper approach, at this time, is to not revise the Settlement Agreement that I last prepared; but, rather, for someone to articulate to me where it fails. In that connection, my view was that “it worked”. Scott, I believe that mediation is the “key”, but the “Mole Game” has only resulted in frustration and has been a colossal waste of time. I thought our Goals were congruent, but I’m not sure anymore. So, I ask that you accommodate my request. Upon receipt of the articulation, we could then see if we could reach a meeting of the minds in concept; and, if not, we could see where we are missing, which is where Judge Hazouri comes in. I will now wait for the articulation. Please make sure that whoever sends it, it has your blessing, thus ending the “Mole Game”. Thank you; and I want you to know that I am hopeful that we could end this (whatever you want to call it) sooner rather than later. Thank you!  PS: A couple of minor items: 1 1.The $172 Broward case. It is getting to the point of silliness. For $172 it is taking on the United Sates of America v Microsoft (Anti- Trust). I have agreed to get rid of it. I can’t seem to get an answer. It is going to cost a fortune. What’s your pleasure. 2.Finishing my home at 23 Hidden Harbour, I need to get my Dock built. Our agreements permit it. Your code in 1981 (see #35 of our Agreement allows it). The Town is prohibiting me I can only assume “out of spite”. We have hired Palm Beach counsel. They advise us that their reading puts us on “Terra Firma”. Do you want o litigate it. I am ready to do so, as I am unwilling to wait any longer. I think it is a colossal waste of my money and the taxpayers money, but the decision rests with you. Our contractor is ready to go; and I am thinking seriously of making the installation with or without the Town’s blessing. Your acquiescence here eliminate another carve out in the potential settlement. As I said, I can wait no longer to start or institute suit. What’s your pleasure.    From: scottmorgan75@gmail.com \[mailto:scottmorgan75@gmail.com\] Sent: Friday, November 3, 2017 3:43 PM To: Marty O'Boyle <moboyle@commerce-group.com> Subject: Re: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Marty, Thank you for the draft. I reviewed it and there are certainly some differences that we  Thank you for the draft. I reviewed it and there are certainly some differences that we need to iron out. I think it will be easier to work off of the draft that Jeff did, which is more in line with the O’Hare document, but regardless of which document is in front of us, the issues to resolve with the judge look to be pretty much the same. I spoke to Jeff who told me that he and Joanne and Bill were actually pretty close to finalizing a document although with a few issues that needed to be worked on. I relayed to him our conversation this morning and what I believe is your sincere interest in trying to resolve this. He agrees then that a meeting to focus on the remaining few issues could be helpful. So I have asked Joanne to set up a meeting next week with the judge, and I will have Joanne and Jeff attend with me. Hopefully, you’ll be available. If not, have Bill work out another date with Joanne. Thanks. Scott From: Marty O'Boyle Sent: Friday, November 03, 2017 9:42 AM To: Scottmorgan75 Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Scott – below was an “OOPS!”. Please delete, as this one is the correct one. 2 All relevant communications are now attached. I await hearing back from you. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: Marty O'Boyle Sent: Friday, November 3, 2017 9:14 AM To: Scottmorgan75 <scottmorgan75@gmail.com> Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Scott – thanks for all calling me this am. I’m glad to hear you are involved. Attached is where I left off (with what I sent Joanne). Attached is her response; and my response to her. That’s where we ended again. Please consider the Mediation. In my “heart of hearts”, I believe that the Mediation will “end the day”. I await hearing from you. Call me, day, night or over the weekend. Thanks again!  UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THEM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (BRUSSELL@COMMERCE-GROUP.COM) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 3 From: Marty O'Boyle Sent: Monday, September 25, 2017 5:55 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Jonathan O'Boyle <joboyle@oboylelawfirm.com>; William Ring <wring@commerce-group.com>; robertrivas@comcast.net Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Joanne –as to the attached (my markup of your settlement agreement), I resubmit it (and the content of this email) for settlement purposes only. I also point out that the attached is a clean copy. If you want to see the changes, I ask that you do a comparison, as I’m afraid that the mark up which I prepared lost its integrity as such. Moving on, as of today, as I see it, these are the remaining items necessary to complete the deal. 1.We need to discuss the reimbursement of the costs which I have incurred since the end of the last (aborted) settlement, when the Town “backed out” of their Agreement 2.The Insurance Company ROR Issue v Case #4474. The insurance company wants $$$ under the ROR. I believe that today (and I think there is negotiation there) they want $230,000. They believe that they get that more than that much out of #4474. One solution is for the Town: (a) to have their lawyers , advise the Town as to the validity of the ROR; and, if the insurance company “pushed” what rights the Insurer would have (which they are reserving pursuant to the Reservation of Rights); (b) Indemnify me; (c) for me to take on the risk with the Insurance Company in exchange, I would need to reserve any award from 4474; or (d) to handle akin to the process in #3 below. 3.We need to discuss the “O’Boyle Law Firm” issue with the Bar, as I see it, this must be addressed and dealt with. My suggestion is that all cases be tolled (how that works legally – you lawyers handle that) and the Document as it applies to O’Boyle’s Release only be held in escrow pending a clearance from the Bar as to the people at the O’Boyle Law Firm. We do not see this as an issue that cannot be overcome, provided the Town and the others (that will be part of the Settlement Agreement) all parties will work together toward that common (and – indeed – important) goal. Of course there would have to be a reasonable time limit placed on this portion, with a negative result being a voiding of the O’Boyle Release and other obligations under the Agreement. Joanne – I remind you that this document is being sent to you for discussion purposes only. I intend to look at it again and I am going to have my Lawyer’s and the OLF’s lawyers look at it. With that in mind, I want you to know that I submit the attached document subject to further change. Please review and get back to me with your comments and (invited) suggestions. In the meantime, I will provide you rd with a 2 day date for booking Hazouri, just in case we need some assistance (by way of a neutral (Highly experienced) 3 party with “no dog in this fight” and from a man who resolves issues for a living) in gaining finality, which I hope that that is what we all wish to do. I now await hearing from you. PS: Attached may be a little “rough”, but I wanted to get it out to you and to the others on our end quickly to avoid further delay. In that connection, I understand that you spoke to Ian and that your wishes (and mine as well – although I think it will likely take an expert to resolve certain portions) are to resolve “pre – Hazouri”. Although we share that goal, we have never been able to get there before and to have the benefit of a guy like Hazouri’s knowledge with these type Disputes (remember he resolves these things for a living) is nothing but a win. Let’s get done once and for all. Until finished, I like you realize that all is always on the table; that we can not draw a line in the sand if we want to reach success (flexible is the way to get there); that we must use our best to resolve without a Mediator; and, as a final solution, we must let the Mediator do his magic. 4 UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (BRUSSELL@COMMERCE-GROUP.COM) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 5 Renee Basel From:scottmorgan75@gmail.com Sent:Saturday, November 4, 2017 1:39 PM To:Joanne O'Connor; Robert Sweetapple; Jeff Hochman; Trey Nazzaro Subject:Fw: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 From: Marty O'Boyle Sent: Saturday, November 04, 2017 10:10 AM To: Scottmorgan75 Cc: Sheila O'Boyle Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 th Scott – thank you for your email below. Unfortunately, the 9 doesn’t work, as my “dance card” is pretty much full until rd after the end of the month. Next week is a “wipe out”, the following week I will be traveling, after that is my 33 Anniversary, then Thanksgiving, where we will be in WV until at least 12/3/17, after which I will either: (a) return to Florida for a few days then commence my end of the year “road trip”; or (b) commence my road trip on the rdst 3. Although too early to say, (b) makes more sense, as I will be in the neighborhood of my 1 stop. So, it looks like the soonest we could have a Mediation would be early December. The above aside, I’m struggling to understand the issues. This past weekend, I worked (certainly) 20 hours on the draft that I sent Joanne. The draft was redone, given what I understood “was the deal”. Then when Joanne did a U-turn on me and cancelled the Mediation, I was (somewhat) “shocked”! Scott, I have been preaching Mediation (which I believe would have gotten us done long ago) but the Town’s reluctance to go to Mediation, which still puzzles me, was an obvious impediment to that proposition. In any event, “we are where we are”. Having said that, I should be able to spend some time working on this project between now and month’s end, but I think the proper approach, at this time, is to not revise the Settlement Agreement that I last prepared; but, rather, for someone to articulate to me where it fails. In that connection, my view was that “it worked”. Scott, I believe that mediation is the “key”, but the “Mole Game” has only resulted in frustration and has been a colossal waste of time. I thought our Goals were congruent, but I’m not sure anymore. So, I ask that you accommodate my request. Upon receipt of the articulation, we could then see if we could reach a meeting of the minds in concept; and, if not, we could see where we are missing, which is where Judge Hazouri comes in. I will now wait for the articulation. Please make sure that whoever sends it, it has your blessing, thus ending the “Mole Game”. Thank you; and I want you to know that I am hopeful that we could end this (whatever you want to call it) sooner rather than later. Thank you!  PS: A couple of minor items: 1 1.The $172 Broward case. It is getting to the point of silliness. For $172 it is taking on the United Sates of America v Microsoft (Anti- Trust). I have agreed to get rid of it. I can’t seem to get an answer. It is going to cost a fortune. What’s your pleasure. 2.Finishing my home at 23 Hidden Harbour, I need to get my Dock built. Our agreements permit it. Your code in 1981 (see #35 of our Agreement allows it). The Town is prohibiting me I can only assume “out of spite”. We have hired Palm Beach counsel. They advise us that their reading puts us on “Terra Firma”. Do you want o litigate it. I am ready to do so, as I am unwilling to wait any longer. I think it is a colossal waste of my money and the taxpayers money, but the decision rests with you. Our contractor is ready to go; and I am thinking seriously of making the installation with or without the Town’s blessing. Your acquiescence here eliminate another carve out in the potential settlement. As I said, I can wait no longer to start or institute suit. What’s your pleasure.    From: scottmorgan75@gmail.com \[mailto:scottmorgan75@gmail.com\] Sent: Friday, November 3, 2017 3:43 PM To: Marty O'Boyle <moboyle@commerce-group.com> Subject: Re: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Marty, Thank you for the draft. I reviewed it and there are certainly some differences that we  Thank you for the draft. I reviewed it and there are certainly some differences that we need to iron out. I think it will be easier to work off of the draft that Jeff did, which is more in line with the O’Hare document, but regardless of which document is in front of us, the issues to resolve with the judge look to be pretty much the same. I spoke to Jeff who told me that he and Joanne and Bill were actually pretty close to finalizing a document although with a few issues that needed to be worked on. I relayed to him our conversation this morning and what I believe is your sincere interest in trying to resolve this. He agrees then that a meeting to focus on the remaining few issues could be helpful. So I have asked Joanne to set up a meeting next week with the judge, and I will have Joanne and Jeff attend with me. Hopefully, you’ll be available. If not, have Bill work out another date with Joanne. Thanks. Scott From: Marty O'Boyle Sent: Friday, November 03, 2017 9:42 AM To: Scottmorgan75 Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Scott – below was an “OOPS!”. Please delete, as this one is the correct one. 2 All relevant communications are now attached. I await hearing back from you. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: Marty O'Boyle Sent: Friday, November 3, 2017 9:14 AM To: Scottmorgan75 <scottmorgan75@gmail.com> Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Scott – thanks for all calling me this am. I’m glad to hear you are involved. Attached is where I left off (with what I sent Joanne). Attached is her response; and my response to her. That’s where we ended again. Please consider the Mediation. In my “heart of hearts”, I believe that the Mediation will “end the day”. I await hearing from you. Call me, day, night or over the weekend. Thanks again!  UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THEM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (BRUSSELL@COMMERCE-GROUP.COM) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 3 From: Marty O'Boyle Sent: Monday, September 25, 2017 5:55 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Jonathan O'Boyle <joboyle@oboylelawfirm.com>; William Ring <wring@commerce-group.com>; robertrivas@comcast.net Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Joanne –as to the attached (my markup of your settlement agreement), I resubmit it (and the content of this email) for settlement purposes only. I also point out that the attached is a clean copy. If you want to see the changes, I ask that you do a comparison, as I’m afraid that the mark up which I prepared lost its integrity as such. Moving on, as of today, as I see it, these are the remaining items necessary to complete the deal. 1.We need to discuss the reimbursement of the costs which I have incurred since the end of the last (aborted) settlement, when the Town “backed out” of their Agreement 2.The Insurance Company ROR Issue v Case #4474. The insurance company wants $$$ under the ROR. I believe that today (and I think there is negotiation there) they want $230,000. They believe that they get that more than that much out of #4474. One solution is for the Town: (a) to have their lawyers , advise the Town as to the validity of the ROR; and, if the insurance company “pushed” what rights the Insurer would have (which they are reserving pursuant to the Reservation of Rights); (b) Indemnify me; (c) for me to take on the risk with the Insurance Company in exchange, I would need to reserve any award from 4474; or (d) to handle akin to the process in #3 below. 3.We need to discuss the “O’Boyle Law Firm” issue with the Bar, as I see it, this must be addressed and dealt with. My suggestion is that all cases be tolled (how that works legally – you lawyers handle that) and the Document as it applies to O’Boyle’s Release only be held in escrow pending a clearance from the Bar as to the people at the O’Boyle Law Firm. We do not see this as an issue that cannot be overcome, provided the Town and the others (that will be part of the Settlement Agreement) all parties will work together toward that common (and – indeed – important) goal. Of course there would have to be a reasonable time limit placed on this portion, with a negative result being a voiding of the O’Boyle Release and other obligations under the Agreement. Joanne – I remind you that this document is being sent to you for discussion purposes only. I intend to look at it again and I am going to have my Lawyer’s and the OLF’s lawyers look at it. With that in mind, I want you to know that I submit the attached document subject to further change. Please review and get back to me with your comments and (invited) suggestions. In the meantime, I will provide you rd with a 2 day date for booking Hazouri, just in case we need some assistance (by way of a neutral (Highly experienced) 3 party with “no dog in this fight” and from a man who resolves issues for a living) in gaining finality, which I hope that that is what we all wish to do. I now await hearing from you. PS: Attached may be a little “rough”, but I wanted to get it out to you and to the others on our end quickly to avoid further delay. In that connection, I understand that you spoke to Ian and that your wishes (and mine as well – although I think it will likely take an expert to resolve certain portions) are to resolve “pre – Hazouri”. Although we share that goal, we have never been able to get there before and to have the benefit of a guy like Hazouri’s knowledge with these type Disputes (remember he resolves these things for a living) is nothing but a win. Let’s get done once and for all. Until finished, I like you realize that all is always on the table; that we can not draw a line in the sand if we want to reach success (flexible is the way to get there); that we must use our best to resolve without a Mediator; and, as a final solution, we must let the Mediator do his magic. 4 UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (BRUSSELL@COMMERCE-GROUP.COM) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 5 Renee Basel From:scottmorgan75@gmail.com Sent:Thursday, April 18, 2019 4:25 PM To:Trey Nazzaro Subject:Fw: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 I may have already sent you this “dock” email From: scottmorgan75@gmail.com Sent: Saturday, November 04, 2017 2:28 PM To: Marty O'Boyle Subject: Re: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Marty— tried calling but couldn’t get you. I agree that this is a bad time of year to be coordinating schedules but I understand two trials are set for November and December so a month delay on mediation is probably not going to be that helpful. Let’s cut to the chase on this. Are you free tomorrow? I’ll bring over the documents and let’s figure it out. Then you and I will both know whether we should reschedule mediation or just let it go. No intermediaries so there will be no misunderstandings. Let’s identify the points of agreement and whether there really are any points of disagreement. If there are then we either work it out or not. But enough of going back and forth, forth and back. Thanks. Sent from my iPhone On Nov 4, 2017, at 10:10 AM, Marty O'Boyle <moboyle@commerce-group.com> wrote: th Scott – thank you for your email below. Unfortunately, the 9 doesn’t work, as my “dance card” is pretty much full until after the end of the month. Next week is a “wipe out”, the following week I will be rd traveling, after that is my 33 Anniversary, then Thanksgiving, where we will be in WV until at least 12/3/17, after which I will either: (a) return to Florida for a few days then commence my end of the year rd “road trip”; or (b) commence my road trip on the 3. Although too early to say, (b) makes more sense, st as I will be in the neighborhood of my 1 stop. So, it looks like the soonest we could have a Mediation would be early December. The above aside, I’m struggling to understand the issues. This past weekend, I worked (certainly) 20 hours on the draft that I sent Joanne. The draft was redone, given what I understood “was the deal”. Then when Joanne did a U-turn on me and cancelled the Mediation, I was (somewhat) “shocked”! Scott, I have been preaching Mediation (which I believe would have gotten us done long ago) but the Town’s reluctance to go to Mediation, which still puzzles me, was an obvious impediment to that proposition. In any event, “we are where we are”. Having said that, I should be able to spend some time working on this project between now and month’s end, but I think the proper approach, at this time, is to not revise the Settlement Agreement that I last prepared; but, rather, for someone to articulate to me where it fails. In that connection, my view was that “it worked”. Scott, I believe that mediation is the “key”, but the “Mole Game” has only resulted in frustration and has been a colossal waste of time. 1 I thought our Goals were congruent, but I’m not sure anymore. So, I ask that you accommodate my request. Upon receipt of the articulation, we could then see if we could reach a meeting of the minds in concept; and, if not, we could see where we are missing, which is where Judge Hazouri comes in. I will now wait for the articulation. Please make sure that whoever sends it, it has your blessing, thus ending the “Mole Game”. Thank you; and I want you to know that I am hopeful that we could end this (whatever you want to call it) sooner rather than later. Thank you!  PS: A couple of minor items: 1.The $172 Broward case. It is getting to the point of silliness. For $172 it is taking on the United Sates of America v Microsoft (Anti- Trust). I have agreed to get rid of it. I can’t seem to get an answer. It is going to cost a fortune. What’s your pleasure. 2.Finishing my home at 23 Hidden Harbour, I need to get my Dock built. Our agreements permit it. Your code in 1981 (see #35 of our Agreement allows it). The Town is prohibiting me I can only assume “out of spite”. We have hired Palm Beach counsel. They advise us that their reading puts us on “Terra Firma”. Do you want o litigate it. I am ready to do so, as I am unwilling to wait any longer. I think it is a colossal waste of my money and the taxpayers money, but the decision rests with you. Our contractor is ready to go; and I am thinking seriously of making the installation with or without the Town’s blessing. Your acquiescence here eliminate another carve out in the potential settlement. As I said, I can wait no longer to start or institute suit. What’s your pleasure. From: scottmorgan75@gmail.com \[mailto:scottmorgan75@gmail.com\] Sent: Friday, November 3, 2017 3:43 PM To: Marty O'Boyle <moboyle@commerce-group.com> Subject: Re: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Marty, Thank you for the draft. I reviewed it and there are certainly some differences that we Thank you for the draft. I reviewed it and there are certainly some differences that we need to iron out. I think it will be easier to work off of the draft that Jeff did, which is more in line with the O’Hare document, but regardless of which document is in front of us, the issues to resolve with the judge look to be pretty much the same. I spoke to Jeff who told me that he and Joanne and Bill were actually pretty close to finalizing a document although with a few issues that needed to be worked on. I relayed to him our conversation this morning and what I believe is your sincere interest in trying to resolve this. He agrees then that a meeting to focus on the remaining few issues could be helpful. 2 So I have asked Joanne to set up a meeting next week with the judge, and I will have Joanne and Jeff attend with me. Hopefully, you’ll be available. If not, have Bill work out another date with Joanne. Thanks. Scott From: Marty O'Boyle Sent: Friday, November 03, 2017 9:42 AM To: Scottmorgan75 Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Scott – below was an “OOPS!”. Please delete, as this one is the correct one. All relevant communications are now attached. I await hearing back from you. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: Marty O'Boyle Sent: Friday, November 3, 2017 9:14 AM To: Scottmorgan75 <scottmorgan75@gmail.com> Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Scott – thanks for all calling me this am. I’m glad to hear you are involved. Attached is where I left off (with what I sent Joanne). Attached is her response; and my response to her. That’s where we ended again. Please consider the Mediation. In my “heart of hearts”, I believe that the Mediation will “end the day”. I await hearing from you. Call me, day, night or over the weekend. Thanks again!  UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO 3 REVIEW THEM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (BRUSSELL@COMMERCE-GROUP.COM) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: Marty O'Boyle Sent: Monday, September 25, 2017 5:55 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Jonathan O'Boyle <joboyle@oboylelawfirm.com>; William Ring <wring@commerce-group.com>; robertrivas@comcast.net Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Joanne –as to the attached (my markup of your settlement agreement), I resubmit it (and the content of this email) for settlement purposes only. I also point out that the attached is a clean copy. If you want to see the changes, I ask that you do a comparison, as I’m afraid that the mark up which I prepared lost its integrity as such. Moving on, as of today, as I see it, these are the remaining items necessary to complete the deal. 1.We need to discuss the reimbursement of the costs which I have incurred since the end of the last (aborted) settlement, when the Town “backed out” of their Agreement 2.The Insurance Company ROR Issue v Case #4474. The insurance company wants $$$ under the ROR. I believe that today (and I think there is negotiation there) they want $230,000. They believe that they get that more than that much out of #4474. One solution is for the Town: (a) to have their lawyers , advise the Town as to the validity of the ROR; and, if the insurance company “pushed” what rights the Insurer would have (which they are reserving pursuant to the Reservation of Rights); (b) Indemnify me; (c) for me to take on the risk with the Insurance Company in exchange, I would need to reserve any award from 4474; or (d) to handle akin to the process in #3 below. 3.We need to discuss the “O’Boyle Law Firm” issue with the Bar, as I see it, this must be addressed and dealt with. My suggestion is that all cases be tolled (how that works legally – you lawyers handle that) and the Document as it applies to O’Boyle’s Release only be held in escrow pending a clearance from the Bar as to the people at the O’Boyle Law Firm. We do not see this as an issue that cannot be overcome, provided the Town and the others (that will be part of the Settlement Agreement) all parties will work together toward that common (and – indeed – important) goal. Of course there would have to be a reasonable time limit placed on this 4 portion, with a negative result being a voiding of the O’Boyle Release and other obligations under the Agreement. Joanne – I remind you that this document is being sent to you for discussion purposes only. I intend to look at it again and I am going to have my Lawyer’s and the OLF’s lawyers look at it. With that in mind, I want you to know that I submit the attached document subject to further change. Please review and get back to me with your comments and (invited) suggestions. In the meantime, I will provide you with a 2 day date for booking Hazouri, just in case we need some assistance (by way of a rd neutral (Highly experienced) 3 party with “no dog in this fight” and from a man who resolves issues for a living) in gaining finality, which I hope that that is what we all wish to do. I now await hearing from you. PS: Attached may be a little “rough”, but I wanted to get it out to you and to the others on our end quickly to avoid further delay. In that connection, I understand that you spoke to Ian and that your wishes (and mine as well – although I think it will likely take an expert to resolve certain portions) are to resolve “pre – Hazouri”. Although we share that goal, we have never been able to get there before and to have the benefit of a guy like Hazouri’s knowledge with these type Disputes (remember he resolves these things for a living) is nothing but a win. Let’s get done once and for all. Until finished, I like you realize that all is always on the table; that we can not draw a line in the sand if we want to reach success (flexible is the way to get there); that we must use our best to resolve without a Mediator; and, as a final solution, we must let the Mediator do his magic. UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (BRUSSELL@COMMERCE- GROUP.COM) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 5 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Friday, May 18, 2018 11:19 AM To:Trey Nazzaro Subject:FW: Bullet Points about the Deck Attachments:1SH8710-o'boyle dock.DOCX; 1UW7931-outline oboyle dock issues.DOCX Follow Up Flag:Flag for follow up Flag Status:Completed See my attached beginning of a response, along with Skip’s June 2017 memo to the file. Does it work with you if I tell her we will get her something Monday? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Elaine James <ejames@elainejohnsonjames.com> Sent: Thursday, May 17, 2018 7:04 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: Bullet Points about the Deck This message originated from outside your organization Hi Joanne: This is a gentle reminder that you were going to send me bullet points about the deck. Also are there documents other than the settlement agreement that I should read in order to get up to speed? I sense that resolving issues regarding the deck might be the last obstacle to a global settlement of all cases (except perhaps 3721 and 4474). Thank you! Elaine Sent from my iPhone 1 Memo To: File From: JCR Date: May 13, 2019 Subject: Town of Gulf Stream re: O’Boyle Dock 13147.1 Bill Ring, on behalf of Marty O’Boyle, takes the position that under paragraph 35 of the Settlement Agreement titled “Reservation of Rights” that Mr. O’Boyle has the right to construct a dock in the water area of his property in accordance with the codes that existed in 1981. Those codes do not have any limitation relating to docks. This Agreement was executed by the parties on July 26, 2013. Paragraph 22 of the Agreement is a specific performance provisions, which provides that any breach or threatened breach of the obligation to consummate the transactions contemplated by the Agreement will cause irreparable injury, and the remedy at law for any breach of such obligations would be in adequate. The parties therefore, agree and consent that the remedy of specific performance should be granted in any proceeding which may be brought to enforce any parties’ obligations under the Agreement without the necessity of proof that such parties’ remedy at law is inadequate. “Such equitable relief shall not be the agreed parties’ sole remedy, but shall be in addition to all other remedies available in law or equity.” Subsequent to the date of the Settlement Agreement, the parties executed a Development Agreement on September 17, 2013. That Agreement at paragraph 19 references the Building Envelope and states as follows: 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. Exhibit C describes the Building Envelope as the “crosshatched” area. The crosshatched area does not include the water. Exhibit C contains the following language: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water” provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated “Water” remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area. May 13, 2019 Page 2 The minutes at which this document was approved are attached. Tom Baird attended that meeting at which he read the changes to Exhibit C of the Development Agreement from the first public hearing. He stated that the first document was not clear enough in terms of what, if anything, could be put into the water extended from the lot. He indicated that the document now reads “provided that such water structures are approved by the Town of Gulf Stream”, which means that the Town will follow its Code Section 66-369 in terms of docks. Town Council Baird further stated that anything placed in the water will have to conform to the Code. He also addressed the change in Exhibit B which is the Settlement Agreement that is incorporated into the Development Agreement on page 2, paragraph 1, regarding the term “improvement”. Town Council Baird continued, “as used in the Settlement Agreement shall also include future improvements to be constructed on the property”. The date of this meeting was September 17, 2013. This is coincident with the date that the Development Agreement was signed by the Town and Mr. O’Boyle. The Development Agreement clearly defines the Building Envelope, thereby excluding from the Building Envelope the area designated as water. The language on Exhibit C is further very clear in regard to the intent of the parties. Resolution No. 13-04 was adopted by th the Town Commission on September 17, approving the Development Agreement, which was ultimately recorded. See Trey Nazzaro’s memo attached which also reports an article in the Coastal Star of October 2013 which reported that the Development Agreement with resident Martin O’Boyle that permits him to remodel his property on North Harbour Drive under the Building Code as existed in 1981, except for dock and canal structures. Trey makes a good point also in referencing the last paragraph on page 15 of the Settlement Agreement, paragraph 36 which references Building Envelope, and states: 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 the intercoastal waterway, the private roads, and the common property line to the west. The survey provided by O’Boyle references the Building Envelope as the crosshatched area, and the water area as water. I believe that O’Boyle’s agreement to the language of the Development Agreement is not inconsistent with the Settlement Agreement. Ring claims that paragraph 35 of the Settlement Agreement allows O’Boyle to do anything he wishes with the property that is not inconsistent with the 1981 code. I believe, however, that “the property” was always intended to mean the area of the property which was intended for development as designated on the crosshatched Exhibit C. It is my opinion, therefore, that anything which is done over the water has to be consistent with today’s code and approved by the Town. P:\\DOCS\\13147\\00001\\MEM\\1SH8710.DOCX BACKGROUND  O’Boyle’s single family home with garages at 23 North Hidden Harbour Drive was constructed in 1983  In early 2013, O’Boyle applied for development approval seeking permission to construct a new front entry feature to his residence  The Town Manager determined four (4) variances would be required; the Town Commission as Board of Adjustment conducted a quasi-judicial proceeding and sustained the Town Manager’s determination that 4 variances were required, only one of which was granted  O’Boyle appealed the Town Commission’s final order  From February 2013 to July 2013, O’Boyle served hundreds (approx.. 400) of public records requests on the Town.  From April to July 2013, O’Boyle filed approximately 16 public records lawsuits  In July 2013, the Town entered into a Settlement Agreement with O’Boyle, agreeing to pay him $180,000 and to enter into a Development Agreement. The Town “agree\[d\] 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.” (Settlement Agmt. ¶ 2)  Development Agreement In September 2013, the parties entered into the referenced . The Town agreed to the development O’Boyle sought, namely in accordance with the Application and pertinent to the height of the home’s entry feature and the measurement of the front setback to the property. (Dev. Agmt. ¶ 9). O’BOYLE’S ARGUMENT  O’Boyle asserts that the 2013 Settlement and Development Agreements give him the right to construct any improvements on his property, whether to this home or improvements on the water, in accordance with the Town Code as it existed in 1981  \[EXPLAIN\]  O’Boyle relies on the following reservation of rights language in the Settlement Agreement, asserting that he is subject to the 1981 Town Code, which had no limitation on docks.: TOWN’S RESPONSE  The Property referenced in Paragraph 35 of the Settlement Agreement relates to that portion of the property which was in dispute, intended for development in 2013 and designated as the crosshatched area on the Exhibit C Survey to the Development Agreement, limited by the defined Building Envelope.  Paragraph 36 of the Settlement Agreement provides. 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 the intercoastal waterway, the private roads, and the common property line to the west. The survey provided by O’Boyle references the Building Envelope as the crosshatched area, and the water area as water.  Paragraph 19 of the Development Agreement in turn references the Building Envelope and provides: 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.  The Development Agreement incorporates as Exhibit C a Survey, which describes the Building Envelope as the “crosshatched” area. The crosshatched area does not include the water. Exhibit C contains the following language: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water” provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated “Water” remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area.  Minutes of the _____ Meeting (at which the Development Agreement was approved) Renee Basel From:William Ring <wring@commerce-group.com> Sent:Friday, December 7, 2018 3:44 PM To:Jonathan O'Boyle; 'Martin Reeder'; 'Elaine James (ejjames50@icloud.com)'; Elaine James Cc:Trey Nazzaro; Robert Sweetapple; Macfarlane, Mary T.; William Ring Subject:FW: Construction Site Management Meeting - Gulf Stream Attachments:1WH7413-agreement settlement 12052018 redline jmo.DOCX Joanne: Thanks for the attached, I quickly reviewed this with Marty. I have not yet spoke to Elaine or Martin. Accordingly, this email is sent subject to their input. I believe we have arrived, subject to the following: 1.In Para 5, in the second line, the words “present and past” should be reinserted. 2.In connection with #17 (#18 in prior draft), please advise if what I just sent to you is acceptable 3.The paragraph regarding the 1737 should be reinstated; since we agreed to dismiss based upon the representation in that paragraph. Alternatively, we could not dismiss that case and litigate or you could consent to judgment in that case. Bill William F. Ring Real Estate & Development Commerce Group 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) From: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Friday, December 07, 2018 2:55 PM To: William Ring <wring@commerce-group.com> Cc: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG>; Macfarlane, Mary T. <MMacfarlane@jonesfoster.com>; Elaine Johnson James <ejames@elainejohnsonjames.com>; Jonathan O'Boyle <joboyle@oboylelawfirm.com>; 'Martin Reeder' <Martin@athertonlg.com>; 'rsweetapple@sweetapplelaw.com' <rsweetapple@sweetapplelaw.com>; Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: Construction Site Management Meeting - Gulf Stream I have not yet vetted the attached but think this would get us close. I have not looked at your revision to para nd 18 but will print now and review during my 2 deposition, about to begin now. 1 Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring <wring@commerce-group.com> Sent: Friday, December 07, 2018 2:50 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG>; Macfarlane, Mary T. <MMacfarlane@jonesfoster.com>; Elaine Johnson James <ejames@elainejohnsonjames.com>; Jonathan O'Boyle <joboyle@oboylelawfirm.com>; 'Martin Reeder' <Martin@athertonlg.com>; Martin E. O’Boyle <meo@commerce- group.com>; William Ring <wring@commerce-group.com> Subject: RE: Construction Site Management Meeting - Gulf Stream This message originated from outside your organization Joanne – I reviewed your paragraph 18 with Marty. He prefers to stay out of it at this time. I authored the attachment. Its time to get done. If the attached does not work, please call me and we will work it out. But, I think the attached should work for you. Bill Ring PS: Are there any other comments to the Settlement Agreement? If there are, now is the time to get done, since me, Marty and Jon are scheduled to be in North Jersey on Monday. PSS: I spoke to Tony Lasorsa, on-site manager at 23 HH, and I explained to him the importance of arranging for the “Remedial Work” to commence and be completed as soon as possible. William F. Ring Real Estate & Development Commerce Group 1280 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) From: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Friday, December 7, 2018 12:48 PM To: Martin Reeder <Martin@athertonlg.com>; Elaine James <ejames@elainejohnsonjames.com>; Mr. Edward C Nazzaro <TNAZZARO@GULF-STREAM.ORG>; Macfarlane, Mary T. <MMacfarlane@jonesfoster.com> Cc: William Ring <wring@oboylelawfirm.com>; Martin E. O'Boyle <meo@commerce-group.com> Subject: RE: Construction Site Management Meeting - Gulf Stream 2 Please see below which may work for the Town relative to the home construction. I am about to go into a deposition and will circulate a few additional revisions to Mr. O’Boyle’s signed settlement agreement mid- afternoon. In connection with the construction of the improvements at the O’Boyle Home, the Parties agree as follows: a) to the extent that any Code Violations exist in connection with the O’Boyle Home, the Town agrees to abate and to not pursue any such Code Violations for a period of 120 days, which will be the period in which O’Boyle shall have the opportunity to cure any such Code Violations; b) the Town agrees to allow O’Boyle to pump concrete further to the permitted construction (“the Concrete-Pumping Activity”) over a period not to exceed 10 days from Monday to Friday, 8:00 a.m. to 5:00 p.m., December 1, 2018 to May 1, 2019 (“Season”) notwithstanding any restrictions set forth in Sections 22-69 and 22-70 of the Town Code; c) O’Boyle agrees to promptly take measures to clean up the trash, cut and clean up weeds, to fill in certain potholes on his private drive and to cover the masonry building products on the north side of N. Hidden Harbour Dr. (the “Remedial Activities”); and d) O’Boyle represents that he has communicated with his neighbors located at 11 Hidden Harbour Drive, 19 Hidden Harbour Drive, 20 Hidden Harbour Drive and that they have advised of no objection to the Concrete-Pumping Activity during Season subject to his completion of the Remedial Activities. Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Martin Reeder <Martin@athertonlg.com> Sent: Thursday, December 06, 2018 5:04 PM To: Elaine James <ejames@elainejohnsonjames.com>; Mr. Edward C Nazzaro <TNAZZARO@GULF-STREAM.ORG>; OConnor, Joanne M. <JOConnor@jonesfoster.com>; Macfarlane, Mary T. <MMacfarlane@jonesfoster.com> Cc: William Ring <wring@oboylelawfirm.com>; Martin E. O'Boyle <meo@commerce-group.com> Subject: RE: Construction Site Management Meeting - Gulf Stream This message originated from outside your organization A copy of the building permit is attached. Martin Reeder Counsel for Marty E. O’Boyle. From: Elaine James <ejames@elainejohnsonjames.com> Sent: Thursday, December 06, 2018 4:58 PM 3 To: Mr. Edward C Nazzaro <TNAZZARO@GULF-STREAM.ORG>; Ms. Joanne Marie O'Connor Esq. <joconnor@jonesfoster.com>; MMacfarlane@jonesfoster.com Cc: William Ring <wring@oboylelawfirm.com>; Martin Reeder <Martin@athertonlg.com>; Martin E. O'Boyle <meo@commerce-group.com> Subject: Construction Site Management Meeting - Gulf Stream Joanne and Trey: Renee Basel cancelled Marty O’Boyle’s plan review meeting tomorrow at 8 am, contending that he does not have a building permit or a builder. Please see below. To the contrary, Marty is a licensed general contractor and has a building permit. In fact work is underway at his house. PLEASE intervene and cause the meeting to go forward. The meeting is an important precursor to the Commission’s consideration of the settlement proposal and should occur ASAP. Many thanks, Elaine From: Renee Basel <RBasel@gulf-stream.org> Sent: Thursday, December 6, 2018 2:42 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Construction Site Management Handbook Good afternoon, Mr. O’Boyle: Believing construction on your site was imminent, the Town tried to meet with you on three occasions to review the Construction Site Management Handbook prior to the commencement of your work. However, the Town Manager confirmed that your permit has not been issued and today you told the Town Clerk that you have not yet hired anyone to perform the work. Based on these recent discoveries, the Town Manager believes a construction meeting is premature at this time and is postponing your meeting scheduled for December 7 at 8:00 AM. Once your permit is issued by the City of Delray Beach, please contact us and we will promptly reschedule this meeting. Sincerely, 4 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. 5 SETTLEMENT AGREEMENT 1 For and in consideration of $200,000 and other good and valuable consideration by the TOWN OF GULF STREAM (“Town”) to MARTIN O’BOYLE (“O’Boyle”) (“the Settlement Payment”), the adequacy and receipt of which are acknowledged, O’Boyle, 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. (the “Public Records Plaintiffs”) and the Town agree to the content of this Settlement Agreement. 2. On or before December 5, 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 under a fee or cost shifting provision. The Stipulations shall be held in escrow by counsel for the Town until the fully executed Agreement and the Settlement Payment have been delivered to O’Boyle. All sanctions claims made by, ordered, or granted to the Gulf Stream Parties (as hereinafter defined), 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 the Gulf Stream Parties, the Gulf Stream PartiesTown hereby waives payment of same. O’Boyle v. Town of Gulf Stream, Case No. 502014CA004474 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. 502014CC015050 (appeal no. 502018AP00007CAXXMB) O’Boyle & Asset Enhancement, Inc. v. Gulf Stream, Scott Morgan, John Randolph, Robert Sweetapple, Joanne O’Connor, Case No. 502015CA001737 O’Boyle et al. v. Gulf Stream, Counts II through VIII in Case No. 2014CA0011940 3. The Town stipulates to and confesses to judgment in the following cases and/or as to the following claims (the “Stipulated Claims/Cases”). This is done without any admission of liability and solely to limit any further attorney fee exposure by the Town. The Parties agree that all documents requests made in the Stipulated Claims/Cases are now moot.: Settlement Agreement-12.5.18-3pm.docx -2- Stopdirtygovernment v. Gulf Stream, Case No. 502014CA003721 O’Boyle v. Gulf Stream, Case No. 502014CA008076 O’Boyle et al. v. Gulf Stream, Count I in Case No. 2014CA0011940 Asset Enhancement v. Gulf Stream, Case No. 2014 CA0216 The Town and the Public Records Plaintiffs shall submit agreed orders to the court in each of the Stipulated Claims/Cases in which the Town confesses to judgment in which the Town and O’Boyle request that the Court retain jurisdiction to determine the amount of attorneys’ fees and costs to which Public Records Plaintiff is entitled. The parties stipulate and agree that discovery concerning attorneys’ fees and costs shall be limited to the depositions of the parties’ attorneys and expert witnesses on the subject of attorneys’ fees and costs. 4. Release by Public Records Plaintiffs of the Town: Each of the Public Records Plaintiffs, hereby fully and irrevocably mutually releases, acquits and forever discharges, and agrees to hold harmless, the Town from any and all liability, claims, actions, causes of action, demands, rights, liabilities, damages, costs and interests whatsoever, whether or not known or contemplated, in law or in equity, which any of the Public Records Plaintiffs may have against the Town arising out offor matters which were heretofore asserted in the Dismissed and Stipulated Claims/Cases. This release excludes (a) any claims for attorneys’ fees and costs by the Public Records Plaintiffs in the Stipulated Claims/Cases and (b) any claims of any of the Public Records Plaintiffs arising from any matters other than the Dismissed Claims/Cases and the Stipulated Claims/Cases. 5. Release of O’Boyle Parties. To the extent that tThe Town has, had, may have or may have had explicit or implicit authority, on behalf of itself, and its present and past Commissioners, employees, Manager, attorneys, agents, consultants, vendors, contractors, insurers and successors and assigns (all of the foregoing shall be herein referred (singularly and plurally) to as the “Gulf Stream Parties”), the Town on behalf of the Gulf Stream Parties, fully and forever hereby irrevocably discharges and releases the O’Boyle Parties (as defined below) from each and every action, cause of action, lawsuit, appeal, post-judgment proceeding, claim for attorney’s fees, claim for costs, claim for Sanctions (as hereafter defined) (whether requested or imposed), public records request, claim for any award, loss, damage, judgment, remedy, or relief whatsoever in law and in equity, including each and every claim arising under local law, state law, federal law, the Florida Constitution, and/or the United States Constitution (collectively “CLAIMS”) which the Gulf Stream Parties ever had, now has, can or may have against any of the O’Boyle Parties for, upon, or by reason of any Formatted: Not Highlight Settlement Agreement-12.5.18-3pm.docx -3- matter, cause, or thing whatsoever, from the beginning of the world to the day of the except that execution of this Settlement Agreement , in the event that any of the O’Boyle Parties seek in the capacity as a litigant, in a case other than the Stipulated Claims/Cases, any form of judicial or other relief against the Town Gulf Stream Parties (each individually and collectively referred to as a “New AttorneyO’Boyle Party Lawsuit”), then this paragraph will not prevent, limit, reduce, or otherwise hinder the Town Gulf Stream Parties in its rights or ability to defend itself and to assert all defenses in any such action brought by any of the O’Boyle Parties. 5. The term “O’Boyle Parties” when used in this Settlement Agreement (unless otherwise stated) means, individually and collectively: (a) Martin E. O’Boyle (sometimes referred to as “O’BOYLE” or “O’Boyle”); (b) Airline Highway, LLC; Asset Enhancement, Inc.; CG Acquisition Company, Inc.; Commerce GP, Inc.; Commerce Group, Inc.; Commerce Realty Group, Inc.; CRO Aviation, Inc.; Our Public Records, LLC; Stopdirtygovernment, LLC; Public Awareness Institute, Inc.; and Citizens for Open Government, LLC (c) and Citizens Awareness Foundation, Inc.; (d) SLO 16 Hidden Harbour, LLC; (e) the “O’Boyle Requestors” (as defined below); and (f) all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, heirs and assigns of all of the above individuals and all parties listed in subparagraphs (a) though (e) above, including, without limitation, all present and past directors, shareholders, members, officers, employees, consultants, vendors, agents, attorneys, partners, insurers, successors, heirs and assigns of all of the above individuals and all parties listed in subparagraphs (a) though (f) above. Notwithstanding anything to the contrary in this Settlement Formatted: Indent: Left: 0.75", No bullets or Agreement, the term “O’Boyle Parties” shall not include Denise DeMartini, Daniel DeSouza, and DeSouza Law, P.A.. numbering 6. Release of O’Boyle Attorneys. The Gulf Stream Parties fully and forever hereby irrevocably discharges and releases: (a) Jonathan O’Boyle, Esq.; (b) Giovani Mesa, Esq.; (c) Nicklaus Taylor, Esq.; (d) Ryan Witmer, Esq.; (e) William F. Ring, Esq.; (f) Formatted: Indent: Left: 0.75", First line: 0.25", No The O’Boyle Law Firm, P.C. (the “OLF”) and (g) all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, bullets or numbering and assigns of the OLF (individually and collectively “O’Boyle Attorneys”) from all CLAIMS which the Gulf Stream Parties ever had, now has, can or may have against the O’Boyle Attorneys, including, without limitation, any claims and other matters arising from their representation of O’Boyle Parties, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and the Gulf Stream Parties also hereby except that knowingly waive all such CLAIMS; , in the event that any of the O’Boyle Attorneys seek in the capacity as a litigant, in a case other than the Stipulated Settlement Agreement-12.5.18-3pm.docx Formatted: Not Highlight Formatted: Not Highlight -4- Claims/Cases, any form of judicial or other relief against the Town (each individually and collectively referred to as a “New Attorney Lawsuit”), then this paragraph will not prevent, limit, reduce, or otherwise hinder the the Gulf Stream Parties in their rights or abilities to defend themselves and to assert all defenses in any such action brought by any of the O’Boyle Attorneys. 7. 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 Formatted: Not Highlight 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. 8. 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 Settlement Agreement shall not be deemed or considered to be any admission or acceptance of blame, liability, or responsibility (except as otherwise provided herein). 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. 9. The TownGulf Stream Parties 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. Settlement Agreement-12.5.18-3pm.docx -5- 10. 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). 11. 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 TownGulf Stream Parties and the Public Records Plaintiffs 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. 12. 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. 13. The content of this Settlement Agreement contains the entire agreement of the TownGulf Stream Parties and the Public Records Plaintiffs with respect to all matters covered and the transactions as contained herein. 14. 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. 15. 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. Settlement Agreement-12.5.18-3pm.docx -6- 16. Outside the scope of this Settlement Agreement and this Release are any claims for (i) O’BOYLE’s accrued financial obligations to the Town, arising from normal municipal functions, such as taxes, assessments, use fees and utility services owed by O’Boyle through the date of this Agreement and (ii) any matter that does not exist on December 3, 2018 and arises thereafter from the Town’s normal municipal and code enforcement functions in connection with 23 North Hidden Harbour Drive (the “O’Boyle Home”). 17 In connection with the construction of the improvements at the O’Boyle Home, the Parties agree as follows: a) to the extent that any Code Violations exist in connection with the O’Boyle Home, the Town agrees to abate and to not pursue any such Code Violations for a period of 120 days, which will be the period in which O’Boyle shall Formatted: Not Highlight have the opportunity to cure any such Code Violations; b) the Town agrees to allow O’Boyle to pump concrete further to the permitted construction (“the Concrete- Pumping Activity”) over a period not to exceed 10 days from Monday to Friday, 8:00 a.m. to 5:00 p.m., December 1, 2018 to May 1, 2019 (“Season”) notwithstanding any restrictions set forth in Sections 22-69 and 22-70 of the Town Code; c) O’Boyle agrees to promptly take measures to clean up the trash, cut and clean up weeds, to fill in certain potholes on his private drive and to cover the masonry building products on the north side of N. Hidden Harbour Dr. (the “Remedial Activities”); and d) O’Boyle represents that he has communicated with his neighbors located at 11 Hidden Harbour Drive, 19 Hidden Harbour Drive, 20 Hidden Harbour Drive and that they have advised of no objection to the Concrete-Pumping Activity during Season subject to his completion of Formatted: Indent: Left: 0.31", Hanging: 0.44" the Remedial Activities. 18. The signatures of the Public Records Plaintiffs hereto are provisional and contingent upon the Town executing this Agreement by noon on Friday, December 7, 2018. The Settlement Payment shall be wired to Martin O’Boyle within 24 hours of the Town’s execution of this Agreement. 18. In connection with the construction of the improvements at the O’Boyle Home, the parties agree as follows: a) to the extent that any Code Violations exist in connection with the O’Boyle House, the Town agrees to abate and to not pursue any such Code Violations for a period of 120 days, which will be the period in which O’Boyle shall have the opportunity to cure any such Code Violations; b) The Town agrees to allow O’Boyle the right to proceed to construct the O’Boyle Home substantially in accordance with the plans which have been submitted for permits, notwithstanding any Ordinances or Laws which may restrict same; c) O’Boyle agrees to promptly take measures to clean up the trash, cut and clean up weeds and to cover the masonry building products on the north side of N. Hidden Harbour Dr.; and, d) O’Boyle agrees Settlement Agreement-12.5.18-3pm.docx Formatted: Indent: Left: 0.31", Hanging: 0.44" Formatted: Justified, Indent: Left: 0.31", Hanging: 0.44" Formatted: Font: 12 pt -7- to commence the construction as set forth in this paragraph #18 within 30 days and to complete same with all deliberate speed. 19. The Town, on behalf of itself and on behalf of the other Defendants in that certain O’Boyle & Asset Enhancement, Inc. v. Gulf Stream, Scott Morgan, litigation styled John Randolph, Robert Sweetapple, Joanne O’Connor, Case No. 502015CA001737 O’Boyle & Asset Enhancement, Inc. (the “1737 Case”) represent and warrant to that all Formatted: Indent: Left: 0.31", Hanging: 0.44" responsive documents which were required to be produced pursuant to the 1737 Case were produced. The foregoing representation and warranty was accepted by O’Boyle O’Boyle & Asset Enhancement, Inc. as a material inducement for dismissing the 1737 Case. 1820. The signatures of the Public Records Plaintiffs hereto are provisional and contingent Formatted: Justified, Indent: Left: 0.31", Hanging: upon the Town executing this Agreement by noon on Monday, December 10, 2018. The Settlement Payment shall be wired to Martin O’Boyle within 24 hours of the 0.44" Town’s execution of this Agreement. Upon execution of this Agreement by the below signatories (the “Signatories”), and upon receipt by O’Boyle of the Settlement Payment in immediately available funds, as required by paragraph 17 aboveherein, this Agreement shall be in full force and effect. IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement as December 3___, 2018. of Witness: Formatted: Font: 12 pt ____________________________________ Witness: _____________________________________ __________________________________ Formatted: Indent: Left: 0.31", Hanging: 0.44" Martin E. O’Boyle individually and on behalf of each of the Public Records Plaintiffs Witness: _____________________________________ Settlement Agreement-12.5.18-3pm.docx Formatted: Indent: Left: 0.31", Hanging: 0.44" Formatted: Indent: First line: 0.5" -8- Witness: _____________________________________ ___________________________________ Town of Gulf Stream on behalf of the Gulf Stream Parties Settlement Agreement-12.5.18-3pm.docx Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Wednesday, June 28, 2017 4:04 PM To:Rita Taylor Cc:Randolph, John C.; William Ring; Brenda Russell Subject:FW: development agreement - oboyle - 2017 Plans - Dock Issue - 1981 Attachments:06.19.2017 Rita Taylor.pdf Rita – please see below and attached. The attached was apparently (and – if so – inadvertently) not sent to you on June 19, 2017. Nonetheless, I wanted you to have the letter. Needless to say, if not received by you, I would like to apologize for this “slip up”. Thank you for understanding. PS: I am sending a courtesy copy of this email to Mr. Randolph. Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: William Ring Sent: Tuesday, June 27, 2017 5:07 PM To: 'Randolph, John C.' Cc: William Ring; 'OConnor, Joanne M.' Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 Skip: Attached is a letter dated June 19, 2017 from Rita Taylor to Marty O’Boyle regarding the approval of the plans for the outdoor areas (deck, dock pool, and other outdoor areas at 23 Hidden Harbour. I wanted to make sure you had a copy. Per Ms. Taylor’s request, this afternoon, I submitted to the Town (Trey Nazzaro and Rebecca Tews) an Application for the outdoor areas (under protest with reservation of rights) along with 4 Copies of Sheet A102 Enlarged Site Plan showing the outdoor areas. I mentioned to both of them that I thought they should speak to you about this Application. When can I expect to hear back from you/Town re: the approvals? Have you made any progress on your research? Thanks 1 Bill Ring William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Brenda Russell Sent: Wednesday, June 21, 2017 1:44 PM To: Marty O'Boyle; William Ring Subject: Rita Taylor letter of 06.19.17 responding to MEO's of 06.16.17 regarding Plans/Application - Project #1101 Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com 2 COMMERCE GROUP moboyl e o co m me rce-group. co m Direct Dial Telephone #954-570-3505 [DS500874.DS2] June 19, 2017 VIA E-MAIL: rta lor0gulf-stream.org TELEPHONE #661-276-5116 Town of Gulf Stream loo Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Re: Plans — O'Boyle Home — 23 North Hidden Harbour Drive, Gulf Steam, FL (the "Premises") Dear Ms. Taylor: Earlier today we hand delivered to you a letter relative to the captioned Premises. I understand that Bill Ring spoke to Skip Randolph last week; and Mr. Randolph mentioned that there was never any application made to the Town for a dock or a pool. As I understand it, the application was not made for two reasons: 1. You said that you were flatly denying the plans applicable to the exterior; 2. Since the Agreement that governs the development for our utilization of the property provides that we are only subject to codes in place as of 1981, to our knowledge, there were no requirements applicable to pools or decks on that date. Consequently, there would be no need for an application. Of course, if what we say in the 1St sentence of this numbered paragraph two (2) is not correct, please advise with the authority upon which you rely. The above aside, if you feel that you do need an application, we are willing to oblige such a request, with the understanding that we will be doing it under protest and reserving all our rights. Please let us know in that regard. P/ iio 1/C/CC/2o 17RENOVATION www.commerce-group.com TEL. 954.360.7713 . FAX. 954.360.0807 1280 WEST NEWPORT CENTER DRIVE, DEERFIELD BEACH, FLORIDA 33442 Rita L. Taylor, Clerk June 19, 2017 Page 2 Rita, as always, your kind cooperation is appreciated. Sincerely yours, LU) `,_l' a u Martin E. O'Bo(le Enclosure cc: John C. Randolph, Esquire — E -Mail William F. Ring, Jr., Esquire — E -Mail RECEIPT OF LETTER ACKNOWLEDGED Rita L. Taylor Date: P/ 1101/C/CC/2017RENOVATION Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Wednesday, June 28, 2017 4:04 PM To:Rita Taylor Cc:Randolph, John C.; William Ring; Brenda Russell Subject:FW: development agreement - oboyle - 2017 Plans - Dock Issue - 1981 Attachments:06.19.2017 Rita Taylor.pdf Rita – please see below and attached. The attached was apparently (and – if so – inadvertently) not sent to you on June 19, 2017. Nonetheless, I wanted you to have the letter. Needless to say, if not received by you, I would like to apologize for this “slip up”. Thank you for understanding. PS: I am sending a courtesy copy of this email to Mr. Randolph. Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: William Ring Sent: Tuesday, June 27, 2017 5:07 PM To: 'Randolph, John C.' Cc: William Ring; 'OConnor, Joanne M.' Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 Skip: Attached is a letter dated June 19, 2017 from Rita Taylor to Marty O’Boyle regarding the approval of the plans for the outdoor areas (deck, dock pool, and other outdoor areas at 23 Hidden Harbour. I wanted to make sure you had a copy. Per Ms. Taylor’s request, this afternoon, I submitted to the Town (Trey Nazzaro and Rebecca Tews) an Application for the outdoor areas (under protest with reservation of rights) along with 4 Copies of Sheet A102 Enlarged Site Plan showing the outdoor areas. I mentioned to both of them that I thought they should speak to you about this Application. When can I expect to hear back from you/Town re: the approvals? Have you made any progress on your research? Thanks 1 Bill Ring William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Brenda Russell Sent: Wednesday, June 21, 2017 1:44 PM To: Marty O'Boyle; William Ring Subject: Rita Taylor letter of 06.19.17 responding to MEO's of 06.16.17 regarding Plans/Application - Project #1101 Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com 2 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Wednesday, June 28, 2017 4:04 PM To:Rita Taylor Cc:Randolph, John C.; William Ring; Brenda Russell Subject:FW: development agreement - oboyle - 2017 Plans - Dock Issue - 1981 Attachments:06.19.2017 Rita Taylor.pdf Rita – please see below and attached. The attached was apparently (and – if so – inadvertently) not sent to you on June 19, 2017. Nonetheless, I wanted you to have the letter. Needless to say, if not received by you, I would like to apologize for this “slip up”. Thank you for understanding. PS: I am sending a courtesy copy of this email to Mr. Randolph. Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: William Ring Sent: Tuesday, June 27, 2017 5:07 PM To: 'Randolph, John C.' Cc: William Ring; 'OConnor, Joanne M.' Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 Skip: Attached is a letter dated June 19, 2017 from Rita Taylor to Marty O’Boyle regarding the approval of the plans for the outdoor areas (deck, dock pool, and other outdoor areas at 23 Hidden Harbour. I wanted to make sure you had a copy. Per Ms. Taylor’s request, this afternoon, I submitted to the Town (Trey Nazzaro and Rebecca Tews) an Application for the outdoor areas (under protest with reservation of rights) along with 4 Copies of Sheet A102 Enlarged Site Plan showing the outdoor areas. I mentioned to both of them that I thought they should speak to you about this Application. When can I expect to hear back from you/Town re: the approvals? Have you made any progress on your research? Thanks 1 Bill Ring William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Brenda Russell Sent: Wednesday, June 21, 2017 1:44 PM To: Marty O'Boyle; William Ring Subject: Rita Taylor letter of 06.19.17 responding to MEO's of 06.16.17 regarding Plans/Application - Project #1101 Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com 2 Renee Basel From:Trey Nazzaro Sent:Monday, April 15, 2019 4:10 PM To:Randolph, John C. Subject:FW: O'Boyle - Proposed Dock Attachments:1UY5247-james re oboyle proposed dock.PDF; 1GW0334-settlement agreement martin oboyle executed.PDF; 1HA9065-development agreement martin oboyle recorded.PDF Mr. Randolph, Attached are the materials Joanne provided O’Boyle’s attorneys around this time last year as it relates to the dock/deck/promenade and the applicability of the settlement agreement. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Friday, May 25, 2018 9:59 AM To: Elaine James <ejames@elainejohnsonjames.com> (ejames@elainejohnsonjames.com) <ejames@elainejohnsonjames.com> Cc: Randolph, John C. <JRandolph@jonesfoster.com>; Trey Nazzaro <TNazzaro@gulf-stream.org>; Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: O'Boyle - Proposed Dock Elaine – Please see attached correspondence. Enjoy your holiday weekend – Joanne The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 1 Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 2 Renee Basel From:Trey Nazzaro Sent:Monday, April 15, 2019 4:10 PM To:Randolph, John C. Subject:FW: O'Boyle - Proposed Dock Attachments:1UY5247-james re oboyle proposed dock.PDF; 1GW0334-settlement agreement martin oboyle executed.PDF; 1HA9065-development agreement martin oboyle recorded.PDF Mr. Randolph, Attached are the materials Joanne provided O’Boyle’s attorneys around this time last year as it relates to the dock/deck/promenade and the applicability of the settlement agreement. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Friday, May 25, 2018 9:59 AM To: Elaine James <ejames@elainejohnsonjames.com> (ejames@elainejohnsonjames.com) <ejames@elainejohnsonjames.com> Cc: Randolph, John C. <JRandolph@jonesfoster.com>; Trey Nazzaro <TNazzaro@gulf-stream.org>; Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: O'Boyle - Proposed Dock Elaine – Please see attached correspondence. Enjoy your holiday weekend – Joanne The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 1 Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 2 JONESFOSTER JWINSTON &STUBBS, P.A. Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney 561-650-0498 Fax: 561-650-5300 joconnor@jonesfoster.com May 25, 2018 By E-mail(eiames(a,elaine.iohnsoniames.com) Elaine Johnson James, Esquire Elaine Johnson James, P.A. P.O. Box 31512 Palm Beach Gardens, FL 33420-1512 Re: Proposed Dock at 23 N. Hidden Harbour Drive Dear Elaine: Please allow this correspondence to summarize what the Town understands Ml. O'Boyle proposes relative to construction of a dock at his residence at 23 North Hidden Harbour Drive and at least some of the reasons why the proposed dock is not permitted. This correspondence is without prejudice to the Town's right to assert additional grounds to deny a proposed dock of the size and scope it understands Mr. O'Boyle is contemplating. BACKGROUND The 2013 Application, Settlement and Development Agreement. In early 2013, Mr. O'Boyle applied for development approval seeking permission to construct a new front entry feature to his home at 23 North Hidden Harbour Drive, which was built in 1983 ("the Residence"). The Town Manager determined that four (4) variances would be required. The Town Commission as Board of Adjustment conducted a quasi-judicial proceeding and sustained the Town Manager's determination that 4 variances were required, only one of which was granted. O'Boyle appealed the Town Commission's final order While the dispute over the dock was pending, from February 2013 to July 2013, Mr. O'Boyle served hundreds (approx. 400) of public records requests on the Town. From April to July 2013, he filed approximately 16 public records lawsuits arising out of these requests against the Town. In July 2013, the Town entered into a Settlement Agreement with Mr. O'Boyle, agreeing to pay him $180,000 and to enter into a Development Agreement. The Town "agree[d] that the Since 1924 I West Palm Beach I Jupiter I Palm Beach Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 www.jonesfoster.com Elaine Johnson James, Esquire May 25, 2018 Page 2 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." (Settlement Agmt. ¶ 2). In September 2013, the parties entered into the referenced Development Agreement. The Town agreed to the development O'Boyle sought, namely in accordance with the Application and pertinent to the height of the home's entry feature and the measurement of the front setback to the property. (Dev. Agmt. ¶ 9). The Proposed Dock and the Town's Code. As the Town understands it, Mr. O'Boyle proposes to construct a dock 12 feet wide and extending the entire length of his property (from the east property line to the west property line). The Town has regulated docks in its Code of Ordinances since 1991. The current Gulf Stream Town Code regulates Docks in Article VIII — Supplemental District Regulations, Division 2 — Accessory Structures and Recreational Facilities, Section 66-369 — Docks. The proposed dock at the Residence violates at least two parts of Section 66-369: 1. Subsection (6) b, which reads "No dock shall exceed five feet in width" and 2. Subsection (6) e, which creates a `docking zone' and which, relevant to the proposed dock at the residence, reads, "For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15 -foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage." (emphasis added). THE DISPUTE Mr. O'Boyle's Position In previous communications, Mr. Ring suggested that the dock is permitted (along with any other future improvements to his property) because the 2013 Settlement Agreement references the Town Code as it was in place in 1981 and section 66-369 was not in effect at that time. In support of this position, Mr. Ring references a reservation of rights clause in paragraph 35 of the Settlement Agreement, which reads: 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 Elaine Johnson James, Esquire May 25, 2018 Page 3 improvements which may be constructed on the Property, to the extent that the scope and/or size of the 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. The Town's Position The 2013 Agreements Were Limited by the Building Envelope, Which Did Not Include the Water: The improvements provided for in the 2013 Agreements were plainly limited to the area of Mr. O'Boyle's property that was intended for development, i.e., the "Building Envelope" as defined in the 2013 Agreements and reflected on the crosshatched area of Exhibit C to the Development Agreement. That Building Envelope did not include -- and expressly excluded — any structures appurtenant to the water such as a dock. Specifically, the reservation of rights provision in paragraph 35 of the Settlement Agreement relates to that portion of Mr. O'Boyle's property which was in dispute, intended for development in 2013, defined as the Building Envelope, and designated as the crosshatched area on the Exhibit C Survey to the Development Agreement. Thus, paragraph 36 of the Settlement Agreement provides as follows: 36. Building Envelope. The Development Agreement will (a) include a survey provided by O'Boyle, which survey shall provide a Building Envelope for the property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between the intercoastal waterway, the private roads, and the common property line to the west. (emphasis added) The Building Envelope as described in the 2103 Settlement Agreement was clearly marked as contemplated as "the area between the intercoastal waterway, the private roads, and the common property line to the west" in the Development Agreement. The Development Agreement then references the Building Envelope at paragraph 19 and states: Elaine Johnson James, Esquire May 25, 2018 Page 4 Building Envelope. Attached hereto and incorporated herein as Exhibit C, is a copy of a Survey, which Survey provides a Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O'Boyle (including his heirs, successors, and assigns) may construct Improvements in the Building Envelope; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town. (Emphasis added in bold italics) The Development Agreement incorporates as Exhibit C a Survey, which describes the Building Envelope as the "crosshatched" area. The crosshatched area does not include the water, which is separately referenced. Exhibit C further explains that: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) ("Water Structures") may be constructed and/or installed in the area designated hereon as "Water" provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated "Water" remains water... The Intent of the Parties is Reflected in Minutes of the Meeting Held to Approve the Development Agreement: The clear intent of the parties to restrict the scope of the 2013 Agreements to the Improvements at issue by the Application and Approvals and located on that area of the property defined as the Building Envelope, not to include the water, was confirmed during discussions at a special public meeting of the Town Commission held to approve the Development Agreement on September 17, 2013. At that meeting, the Town Commission was advised that the Exhibit C language, which had been added and agreed to by O'Boyle (..."provided that such Water Structures are approved by the Town of Gulf Stream"), meant that the Town would follow the Town Code Section 66-369 in terms of docks and that anything placed in the water would have to conform to the Town Code. Indeed, counsel for the Town explained that the aforementioned language in Exhibit C had been revised precisely in order to ensure that Section 66-369 governing Docks was followed. THE COASTAL STAR covered this meeting, and noted that the Town Commission had "Approved unanimously a development agreement with resident Martin O'Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed in 1981 except for dock and canal structures." http://thecoastalstar.com/profiles/blogs/gulf- stream-balking-at-price-town-drops-light-pole-purchase (emphasis added). Elaine Johnson James, Esquire May 25, 2018 Page 5 CONCLUSION It is the Town's position that any improvements contemplated by Mr. O'Boyle in the form of docks or other Water Structures are plainly subject to the current Town Code, including its restrictions on Docks. The Town Code prohibits the dock as proposed. The size of the proposed dock also carries the real potential of restricting the abutting property owners' use and enjoyment of their property and thereby expose the Town to additional litigation for infringing on those rights. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. JMU:mtm Enclosures 2013 Settlement Agreement 2013 Development Agreement \\jfjsp12\apps\Docs\13147\00060\LTR\1 UY4163.DOCX 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 �� AroJeGIsFtAquiringaSpacfalFxnepflan. � V'E:. Is the ptoposud use a parrnifLd sparaal excepfjan usa? IV E.2, How 6 the use designed, foaled end YeS Q' Na Code 5edion: Q � j tvet;ar%and moralsw�� b, p reled ? Proposed to be opereled so that the Public health, safely E v[ f GS W113' Wig the use cause subanyal hjoy 10 the value of other ro ' be looaled? I yes a P p art y In the neighborhood where It is to Explah� .(�� (L AwlbW :FNIHA r~Ep WITH t4F1t 44.' p t{rwr w��l the use be eompal��ie with adjeining tlevafo is 10 be located? pment and the Character of Etre Gllstdcl where II rur vel 5 OAKr��- N" IrS. WnatiandsGepingand screening are Provided? NO RANTD JA f ��rb�� ��. �� (��lVs' �6 Roes the use co fo with all applicable n?gulallons ovemfn the D'sidct w healed? Qye��No g 9 herein o is to be t��pialn T 1Ct��rt,.5�� A $ ,1 rr�� rdND�� T ��' ��v`���� �� ���� ���%C�� T��(�� . SCK- S ll'..��`�� Nb C P��c11�� 11 a P4AD 1 bT Cif NWIS. . F, on ftosldenila) projeGls and ReoidarlQ�� peo��eG�� of Creator than 2 Units �� i f rl t WIj . IV F.1, If common Aram facIIIlies are to be psovidad, describe Ihem and how they are 0 be mainlalned. IV'l II recreation fadliges aro In be provided, desm'be them and Ill potengal hpacts on surrounding properUee. lV ' For each of the foitowlnI list the nu Tiber provided and their dlmansians. Loading spaces: Slandatd pig Spacac: Small Cat paridng Spam: Handicapped Parking spaces: f?dverrayslAlslAe: Appri1lorrforOevetopmanl Approval Form Munn pego 5 "TbWof GuirS[ream All ANCE " 2!" ftMK G.. Projects Requiring a Variance (code Section 66-150 Ihrough 157) , JV,G.1, From what spDaie Zoning Code rogulatlon is avar[ ro requested? l -I UID F EAVE 15 ?.W `r sae LOWNS 11 WDAD PHYSICAWJo -&�LP.16T WITH RISTIN6 F2F 19LO. IV -G2. What does tho Zoning Code require for this specific silo?$F FNjmwly �EATQPE IS wNIT � `rN D` N JC1PT AIJ-hWNt ._6U7- TW VAVE VOLD 9 11'D W `� ISIV.ra ebb Ly. 1V.G,3 What is proposed? fAA �tr -'.18 u . L ,— I Elf 6 DK. WGA What is the total variance requested? $ 11, i$1M 23•L? r i 3 IV G.5. The fol)owing 6 mandolory variance findings from Section 66.154, must oe addrested—ftach additional sheat If necessary.) (1) What specific candWons and dreumslances exist which are peculiar to [ha land, sbuclum,.nr bullding involved and which aro not applibabie to other lands, slructrires, or bulldings in ilia same zoning district? RI'STIN� IEA t M b1N1;_BVILT U1JM WV1bk5 COIF, (2) Did the special condo'€ons and circumstances result from the acllons of the 8PP11 al? Yes D (3) tN01 granru�g Iho variance conies upon the appgcanl�ny special prlv1aga Uralis der by the Zoning Coda to other lands, buldings, or shclures in the same zoning dlsb X; Yes Ido• Explain:J 1F I i r '" 01HOl109AT1 TRIS HDM Ui�l UE (4) Hovt would a ]iteral interpretation of the pmvislons of lheZoning Ordinance depr€ve the applicantol rights commonly enjoyed by other properties In the same zontng dlsWci under the same terms of tics ordinance end work unnecessary and undue hardship on the appiican17 11115 VNfNV60 Cf CANTeE A U.E E-�A (5) tc the Variance raqupstLsd rile minimum variance that mattes possible the reasonable use of the. land, buldlrig or structure Ye No Explain:N M A p kg`ib r I H &99 (6) Wli granting the varlance permit any -prohibited use to be estabrished or re-established: Yes Na (7) is the requested variance conslsteoloals, polies, and ob)aetives of [he future Land Use Nap of the adopted Compreheirslve Pian1 Ya No (6) wits the variance be in harmony with the general intent and MOB of the Toning�in rice and nul be hjudous to the area Involved or oltherviise detrimental to,lhe pubricweltare7 Yes No Explain: I�1j I t� fu _7we, AWLS. —_ Application for DavetopmentApproval, Fo;mADA320g0 Page 6 February 2002 _ �' Fown'ofG0lfSiream VW NN G_ Projects Requiring a Vailance (code section 66-150lhrougt1157) ._ IV,G.1. From what specific Zoning Code re ju€attan is a varianca requesled? — c ti r y\1 W.G.2 Mat does the Toning Code require fof chis specific site? ANT_-'rBACK. - W Rom 11E�F !V '' WT UNE TW rrEFFEETIVE" 0 T URF? 46 ("U VFN T& AND FDAD Aj2 "TN IV,G.l What is proposed? ME SIDE OF TN 15 046E. IV G* What €s the Lalal valiance raquesled? 1 (� { jUC9W041Ai NIf WITH 2' ENCRUIO FENT. IV,G.5, The following 8 mandatory vartance findings from 5eclion 66.154, must be addressed; (Atloch addl6orral sheet if necessary.) (1) What specific condlllone and rdreumslances exist which are pacWar to the land, slruclure,.gr building Involved and which aro not applicable to other (ands, stnrcldras, or buildings In the same xoniag district? 'FRE W NAS NAHM A14b A W 8DW�DWI IN WA5 (2) Did the spacial condilions and cfrcumsiancas rasult from the actions of the applicant? Yes Na (3) Will granting the variance confer upon the opplicaniany special prlvfago that Is deptad by fha Zoning Code (o•olhariands, buildings, or strpclures In the same zoning district? YoNo �r txptain; , i �AN UAB WA`s NA AGI, y n�j>� L �CAT�D- i7vjA r�o�c NfD12Mlr� . (4) Holy would a literal interpretallon of the provisions of the Zoning Ortfinance deprive the applicant of rights commonly enjoyed by other pmperlies in the same zcning district under ins same terms of the ordinanca and work unnecessary and undue hardship an the applicant? TA OM1 UW.K 6 ADI UME?, 3 L (5) is. (he Variance requasipditla minimum variance Thai makes possible 1110 wasonehle use of the land, huildidg or structure? IV No rr Explain: NO OLD DE V I T T WHE 6 7'� 109e DidLD NEW Yt+tiNIM- NRO410815 ffA aD `/- �M PAVf MRA (&) Will granling the variance permit onY,prohlblled use to be eslahllshed Of re,eslobfshsd: Yes (7) Is the requastgd variance cansistant w€t)4*, goals, pafcles, and objectives of the future Land Use (+tap of [he adopted Comprehensive Plan? Y No (6) WIII the variance be in hormony wish tha gensral lalant and purpose of the Zoning(nca and not be Injurious to the area Involved at otherwise datrimental toallara7 'fie. /the pubiie wNO Explaln: I"r V�IILi.RRAN& AHL Application for oevaiopment Approval, Form A©A.320e0 Page G February 2002 -rl4Ek� 15 AN t-415TIN6 Al-Rj JM THAI EXTEI\td5 V ANS RERACED M AN �NMNa M\)t VATMN( 6 ONLY 2 FAom TW FgDP'f fAcj' aF- -14f 4401KbE r. tllYrl} 07 UtUstrealp H. Projadts Requiong Rezoii*ing tV.N t. What is the Futuna Land Use. deslgnauun of (he project bila? WH -2. It The project fnv0lvea a rezoning, Zoning God'e lext change, Future land Use Ma COmpdanf r Pian le"t change, 0r MY Comh'mallon Ihereaf, please doscti6e Lha need and Justircallan for the request PART V. OPTIONAL INFORMATION ihls ""I a tart is oplTanat for all appgcanfs, AppBcants are enadumpad, imt'01 ragjred, to edditiatral raleventtnfomrali0n repardnylhe prgect that teas nbf covered pruvitfc any elsewhere on this fofrrr Aron arryof tfre Olhurmsfeflalssutumled;wr h 06 appfrcalfon AAPOmIlim for Davelopment Appsmral Form ADX20DO revived 6000 I'd9e 7 tW o��J•� n ae scall" n [WK w.:Rm : Hwt '.�.-.Ilml •,'_ a wu r.¢ liur[c. ai hSulw, MF:t�eatw v o':M ��t u 'w 4rzu C,n nlwwis tq Hnut� tete• v [wx Iwww� wy• �++1[rn Y:.. n r�w�n14 1/51/IASl 1gtN ti L , DEVELOPMENT APPROVAL SET 1-15-6p2013 z NE@ �p 6PJ6'�& E EECL•F�•� i] U1 t L , DEVELOPMENT APPROVAL SET 1-15-6p2013 NE@ �p 6PJ6'�& GG F y� p F i " EECL•F�•� i] U1 Z F gy§ n lug mF FFF n P�«FFC 9 2 y Bey tl j�j�_ (� �••'• ... 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Mt v lxYt.Yn + 6 5517370188 Fax l�, 02:15:19 p.m, 07-26-2013 2 122 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (Agreement) is entered into, by and between the parties fisted on Exhibit A in the column tided 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 Wed "CASES" on Exhibit "A" attached hereto (the "Cases"}; and WHEREAS, an 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: 581737096& Fax 02:15:31 p.m. 07-26-2013 3122 1. The Town recognizes that the Plaintiff O'Boyle believes that the Town did not apply a correct interpretation of its Code of Ordinances (the Code) as it pertains to 23 North Hidden Harbour Drive, Gulf Stream, Florida (hereinafL-r 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 alfa, a Level 3 Architectural/81te Plan (the Application) and such other permissions, approvals, interpretations, clarifications and authorizations relating to the Property (the "Approvals") to demolish and construct the Improvements upon the Property as contemplated.. 'The `to -Q -m `t rmpNueri e1,j4 ►r 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, fnciuding, without limitation, the home, or enable O'Boyle or a subsequent purchaser to demolish the Improvements, including, without limitation, the home and construct Improvements, including, without limitation, a new home. Accordingly, in order to resolve the Cases between the Plaintiffs and the Town, the Town agrees that the lot coverage, floor area ratio, Leight, and setback of, inter alfa, the home's entry feature shall be permitted in accordance with the plans submitted with the Application (the "Plans) (which Plans shall be substantially the same as the Plans), which Application and Plans shall be an exhibit to the Development Agreement (the "Development Agreement"). The purpose of the Town's adoption of the Development Agreement is 1 fit PMVEMPAA'"S 4v be- cu. rf"l c feD eh+ Ota ?r'b pe y'�-t . 2 v 5617370168 Fax 02:15:43 p.m 07-26-2013 4122 to permit, inter alia, the floor area ratio, height of the home's entry feature, and front setback in accordance with the interpretation advanced by O'Boyle counsel In the argument portion of O'Boyle's Petition for Writ of Certiorari. The Development Agreement will also recognize that the Property's (including its Improvement's) setbacks will not be measured from the point of measurement currently established in the Code; but will be measured in accordance with the actual Property lines for building purposes among other purposes, It is also the purpose of the Development Agreement to facilitate the Plaintiffs or subsequent owner's demolition, rebuilding or renovation of the Improvements, including, without limitation, the existing home, or the construction of Improvements, including, without limitation, a new home. The Development Agreement shall be substantially in the form provided for in Section 163.3220, Pia. 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 5617370166 Fax 02:15:55 p m 07-26-2013 5122 the Property as set forth in the Application; and such ether 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 limitatlon, 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 $180,000.00, in readily available funds by Federal Wire Transfer pursuant to Wire Transfer Instructions as designated by O'Boyle, which wire instructions are attached as Exhibit C. T, Upon execution of this Agreement, the Town agrees that O'Boyle can proceed to improve the Property In accordance with the Application and to promptly provide O'Boyle with such Approvals as necessary. 8. Upon the execution of this Agreement, the Plaintiffs shall dismiss with prejudice the Cases. 8. Upon execution of the Agreement, O'Boyle shall promptly (a) remove all signs from the Property other than approved address signs, and (b) within twenty days 4 5617370188 Fax 02:16:07 p m. 07-26-2013 6122 remove all murals on the exterior of his home and return the color of the paint on the home to the color that existed previously. 10. Plaintiffs agree that upon execution of this Agreement, all pending public record requests made to the Town shall be deemed withdrawn. 11. In the event any of the Plaintiffs or the Town are required to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney fees through the appellate level. 12. RELEASES (A) The Plaintiffs Release of the Town. On the Effective Date , the Plaintiffs shall execute and deliver a general release In favor of the Town, which release is attached as Exhibit "Di" 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 "D2" attached hereto (the "Plaintiffs Release"). 13 Rel2resentations and Warranties of the Plaintiffs. Each of the Plaintiffs represents and warrants to the Town as follows: 5 56 7370188 Fax 02:16;15 p m. 07-26-2013 7/22 (a) that the representing Plaintiff has not sold, assigned, transferred or otherwise disposed of any claims that any of the Plaintiffs had against the Town before the Effective nate; (b) that the Plaintiifs each represent that they have the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement as they apply to such Plaintiff; and (c) this Agreement has been duly and validly executed and delivered by the Plaintiffs and constitutes a legal, valid and binding obligation, enforceable against the Plaintiffs in accordance with its terms. 14.. Representations and Warranties of Town. The Town represents and warrants to each of the Plaintiffs as follows: (a) that the Town has not sold, assigned, transferred or otherwise disposer] of any claims that the Town had, before the Effective Date against all or any of the Plaintiffs; 9 5517370186 Fax 02:16:25 p m. 07-26-2013 6122 (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 (e) this Agreement has been duly and validly executed and delivered by the Town and constitutes a legal, valid and minding 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 fining which is within the scope of the Town Release, as attached as Q1. (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 132. 16. Continuation and Survivabili of Re resentations Warratnties and Covenants. The representations, warranties and covenants contained in this 7 567370188 fax 02:16:34 p m 07-26-2013 9122 Agreement shall survive the consummation of the transactions provided for in this Agreement 17. Indemnification. The Plaintiffs, jointly and severally, agree to defend, indemnify and hold the Town harmless from and against and in respect of any and all claims, suits, losses, liabilities, taxes, damages, deficiencies and expenses (including reasonable attomeys' fees) of any kind or nature (collectively, "Town Clairns' 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. @ndemnificaflon. 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 attomeys' fees) of any kind or nature (collectively, the "Plaintiffs's Claims") which any of the Plaintiffs may suffer, sustain or become subject to by reason of, arising out of, or in connection with: (a) the inaccuracy or breach of any of the representations and warranties of the Town set forth in this Agreement; and (b) the breach by the Town of any provision, covenant or agreement contained in this Agreement or any document, instrument or agreement contemplated hereby.. 0 5617370189 Fax 02:76:45 p.m- 07-25-2013 10122 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 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 andfor the Town Release. 21. Further Coo g do . 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. 5 ecific 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 9 5617370188 Fax 02:18:57 p.m, 07--26-2018 11!22 parties therefore, agree and consent that the remedy of specific performance should be granted in any proceeding which may be brought to enforce any party's obligations under this Agreement without the necessity of proof that such party's remedy at taw is inadequate, Such equitable relief shall not be the aggrieved party's sole remedy but shall be in addition to all other remedies available in law or equity. 23. Voluntary Execution of Agreement Each of the parties affirms that they are represented by counsel in this matter, that they have read and fully understand all of the terms of this Agreement, and that they are entering into this Agreement voluntarily without having been threatened, coerced or intimidated into the signing of this Agreement It is further agreed that no provision of this Agreement shall be construed presumptively against any party hereto. 24. Headings. The headings and sub -headings contained In the titles of this Agreement are for convenience only and shall not be interpreted to limit or alter any of the provisions of this Agreement. 25, Governing Law. This Agreement shall be deemed to have been made, executed, and delivered in the State of Florida and shall be construed in accordance with the laws of the State of Florida. 10 56/7370166 Fax 02:17:07 p m 07-26-2013 12/22 26. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. No party hereto may assign its rights or delegate its obligations under this Agreement without the express prier written consent of the other parties hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, other than the parties and their respective heirs, successors and assigns, any remedy or claim under or by reason of this Agreement or any terms, covenants or conditions hereof. All the terms, covenants, conditions, promises and agreements contained in this Agreement shall be for the sole and exclusive benefit of the parties and their respective heirs, successors and assigns. 27. Notices. All notices, requests and demands to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made: if delivered in person, immediately upon such in person delivery; if by nationally recognized overnight courier service with instructions to deliver the next business day, upon delivery to the receiving party; and if by registered or certified mail, return receipt requested, upon delivery to the receiving party. All notices, requests and demands upon the parties are to be given to the following addresses (or to such other address as any party may designate by notice in accordance with this Section): 11 56173701B8 Fax 02:17:19 p,m. 07-26-2018 13122 �ta-fh6 Tannin_: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Facsimile: 561-737-0188 Vllith a.cy to. Jones Foster Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 John C. Randolph, Esquire Facsimile: 561-650-0465 If to any of the Plaintiffs: Martin E. O'Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 With a copy to: William F. Ring, Jr., Esquire Commerce Group, Inc. 1286 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 28. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs or photocopies of this Agreement with all signatures reproduced shall be considered, for all purposes, as if it were an executed original counterpart of this Agreement. 12 5617370188 Fax 02:17:29 p.m. 07-26-2013 14/22 29. Entire A regiment 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 5617370188 Pax 02:17:39 p.m. 07--26--2013 agreements, or any part thereof, O'Boyle and the Town agree that they shall each use their best efforts to vigorously defend any such actions. 34. APD]OgV. The Town recognizes the stress and strife that the O'Boyle family has endured as a result of the Town's conduct. The Town recognizes that the O'Boyle home has a value well in excess of $1,000,000, but is uninsurable against wind because of the non-existence of proper protection, which would have been part of the Improvements installed by O'Boyle had the Town not initially denied the Applicatlon. 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 andior size of Improvements are less than the scope and size of the improvements which could have been constructed on the Property on the date when the permits for the existing Improvements (including, without limitation, the home on the Property was originally issued, which date was approximately 1981. Notwithstanding the provisions of this Paragraph 35, O'Boyle shall not construct a home (or retrofit the existing home) on the Property so that it is more than two stories. 14 15/22 5617370166 Fax 02:17:52 p.m. 07--26-2013 16122 35, 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. .. w Commerce Group, Inc. Mart' O'Boyle, President By: N984AC Caravan, LLC Maqfn E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member p:Wc)ms 1314nOODl31docki gr6737.doa 15 56173701BB Fax 02;16;01 p.m 07-26-2013 17122 EXHIBIT seer CASE NO, 1& Judicial -Circuit Palm Beach County, Florida PARTIES SUBJECT 502013CA006750XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #332 502013CA008125XXXXMBAH Commerce Groin, Inc. vs Town of Gulf Stream PR #000 502013CA00BB09XXX,XMBAA N984AC Caravan LLC vs Town of Gulf Stream PR 9343 502013CA008701XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #340 502013CA008594XXXXMBAG Airline Highway LLC vs Town of Gulf Stream PR #341 502013CA008452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR 0336 502013CA00891 9XXXXM BAD N984AC Caravan LLC vs Town of Gulf Stream PR #351 502013CA01 1 120XXXXM BAD Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013CA011122XXXXMBAI Martin E. ©'Boyle vs Town of Gulf Stream PR Signage 502013CA011411 XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR #407 502013CA011416XXXXMBAO Martin E. O'Boyle vs Town of Guff Stream PR #408 502013CA011417XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR m 409 602013CA011421XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #410 502013CA011423XXXXMBAD Martin E, O'Boyle vs Town of Gulf Stream PP -941l 502013CA011424XXXXMBAE Martin E. O'Boyle vs Town of Gulf Stream PR #412 502013CA0063BBXXXXMBAY Martin E, O'Boyle vs Town of Gulf Stream Certiorari US District Court Southern District of Florida 13 -CIV -80530 Middlebrooks/Brannon Martin E. O'Boyle vs Town of Gulf Stream injunction Declaratory Jud meat p.Mow113147100DIN CMggl753,docx 5617370166 Fax 7.onfng TO" Of Gulf Stream TOO SCM -Road C'WE5tnMM. FL 33483 02:18:14 p.m. 07-26-2013 Axl�io A73 r' CpI3E'bWop-aME 1' SPPCI. L MAGI5TRAM nm (501) 7 TOYM OF amp STREAM, ii ,0MA � Qi SE NO. CM ., 5-1 STATEMENT OF VIOLATION AND NOTICE OF �G Fnfstfant to sectlan 2-75 of ilre Town nFGuifStrcarrt Gale of Clydinancc, the uadersigxsed he, gye; AntiCO of uncorrected violatian(s) of the Town of Calf Sb YA Cade(s) mate partieuler c eri6ed herein, and requests a PiIHLIC; bc%re the C{3D' MAGMTRATE of the Town. ) ORC�,IENiI CLU 1• I.ocakionlAddress whore vialafinu(s) gdsf(s); 2.3 � hp� 2. LgaMescriptian: lot 5- � iiarbmw Estates 3. Name and address ofawnarlperaon io ehnrga where violu6on(a) cxist(s): M=tin 4. Moitrtion of Town Coda Sxtiun(r) and desctiptionQ Sec. 66446 p=hibit:s any sighs not meted as Se-__ 70-106 (b) (3) Usl,l is approved cal = ias Spa 3sr-Lxt (ra- wal i, colors � a ievd 1 Arrht cbmgr.%. (SITE ATTACHM 11WMML10 Ulf VIOLATION") S. Data of FastImpection: 1 FMMd 'not ids an 5_1-23. Refused to accept hand dp_ vared , 5-1-13 6. Dote ownerfusitwtided ofviolatioa(s): Accepted uot3ce at Tcm Hail, on 5_g 31 7. Dat©a Was Avea 48 'i 0=H uix%ch was 3, 2013 Mry, whichviolatians are to be corrected: drstrua. swt3.ce be refase8 but. s via Elm. II41i'ORTAPITI+lOT7CE******+*+**+*or***+r*a I � j lJnless On violator correoto the violadaa(a) desen'bed heroinby the date act iarth ab CONTACTS TEE UND1E2rSIG1 D CODE INSPECTOR AT S6].242 fi 5-- 1 _ COMPLIANCE With the Town Code(;) cited haroin, NOTICE 13 y 'AAZr A P�vrri ZZC I_MA t a WIC BE CONI M -M .for the above rate eaead pmpdrty bmf rethe Tei Stream Code Eaforceruent Special Magistrate on 6..4-13f (3d .. as the arse can be beard 1n the Town Hall Gammissian ChMnhcr Stream; Florida local d at 100Sea ad G Wf YOU ARE RE..` . QUMD TO AT'1'$AR BEFORE TTiE s�i3CIAL MAGISTRATE ansat � t' wer 6CEtions that yon have violated the, ftvc cited sections pf the Code of Otsaln'riu t� " Tow4 of Clulf Stream. IF YOU.RATE IL To ATND, this Spoelal Magistrate may base iindin solely upon Presentation bytm Tawe Ludt Iapectar t r ps r 4 WiUiarn IT: T'�rrashat; awa Manager Town of isulfStream 18122 r -d ars 5 aide direfig- Ca N l ;ed. Ttjis M61: luted. meats stxuctalr S colors Plan Remi c is a these 3 (SITE ATTACHM 11WMML10 Ulf VIOLATION") S. Data of FastImpection: 1 FMMd 'not ids an 5_1-23. Refused to accept hand dp_ vared , 5-1-13 6. Dote ownerfusitwtided ofviolatioa(s): Accepted uot3ce at Tcm Hail, on 5_g 31 7. Dat©a Was Avea 48 'i 0=H uix%ch was 3, 2013 Mry, whichviolatians are to be corrected: drstrua. swt3.ce be refase8 but. s via Elm. II41i'ORTAPITI+lOT7CE******+*+**+*or***+r*a I � j lJnless On violator correoto the violadaa(a) desen'bed heroinby the date act iarth ab CONTACTS TEE UND1E2rSIG1 D CODE INSPECTOR AT S6].242 fi 5-- 1 _ COMPLIANCE With the Town Code(;) cited haroin, NOTICE 13 y 'AAZr A P�vrri ZZC I_MA t a WIC BE CONI M -M .for the above rate eaead pmpdrty bmf rethe Tei Stream Code Eaforceruent Special Magistrate on 6..4-13f (3d .. as the arse can be beard 1n the Town Hall Gammissian ChMnhcr Stream; Florida local d at 100Sea ad G Wf YOU ARE RE..` . QUMD TO AT'1'$AR BEFORE TTiE s�i3CIAL MAGISTRATE ansat � t' wer 6CEtions that yon have violated the, ftvc cited sections pf the Code of Otsaln'riu t� " Tow4 of Clulf Stream. IF YOU.RATE IL To ATND, this Spoelal Magistrate may base iindin solely upon Presentation bytm Tawe Ludt Iapectar t r ps r 4 WiUiarn IT: T'�rrashat; awa Manager Town of isulfStream 18122 5517370188 Fax 02:18,32 p.m. 07-26-2013 19122 YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561)276-5116 ON OR BPC RR ?tL33 THAT Tl PAEtC1±i, OF FtI:AI. PROPERTY gWI+TEEI �i' DPS EMD iN 7HIS NDTiC319 NO LONMR 1N VIOLATION U AND OF TOWN CODESYOU ARE REQUESTING REINSnCTION, 7E AT IF TBE VIOLATIONS) IWAIM NOT CORIt cIED IN THE T&M SPE WRPLECT'ION, OR IF TTIE VIOLA=10) WARE CORRECTED AND THEN RE CASE MAY BE PMEMM TO FOR Tim THE SPECIAL MAGISTRATE i3vHl'I IP' TRE VIOL "AVr I'EW COItIiECTIK) PRIOR, TO THE SPEC wb MAGISTRATE? HEARING. CODE ENFORCEMENT SSPEETOWN 0 M, I r WILL $E P.RE w ..PI CIAL MAAGISMAT� HAA _ . BY THE TSE PARCEL OF REAL DESCRIH}3iD HEREN AND OWNRtD By YOU CON TAMES T O BE IN VIOLATION, P 1s�tTY If this Special Magistr to &IS that you have oumnatted a violation, he/she may ander CCIMPLIANtTE with the Code and If you fsil to comply with such I,q TE order within the liras, forth thccnin, he/she can IMPOSE A F.tl �E OF UP T'0 $ZO-00 PER DAY far Ia erigd oat non-mrapliance. each violation g If the Tgwu is successful in prosecuting yotu• ease barons the Special Magistrate, I,RgR$ WILL BE RODSM BY TIM SPECIAL MAOMPATE SUCH FWSS SHALL CONSTTTUM-A LMj ON ANY RE1 OR PERSONAL P3tOPERTy OWNED BY YOU. FAILURE TO PAY S1 E EI MM CAN RMULT IN FORECIASM AND CCDLLEC ION ACl'ION BY TMTOWN. If you distxgran with a decision ofthe Special Magiatrate, you may appeal to tht CiRC%lt*r C UItT OF PALMBEACH COUNTY within 30.I?AYS alter the Special Magls4ate's 0rderls entered, If'you wish to have the Spt:eial Magistrals RECONSIDER. your case for any reason or if you cess vras in fuze and is now m, compliance and you wish to request a RMUCMQN IN A Im APPLICATTION AND TBB APPROPRIATE FEE MUST BE SUHMMBD TO THE T WN OF GULF STE.EIAM .FOR ANY SUCH REQUPSTS. ALL REgURRMt `S FOR SUCH MUS'li `BE MB i` FOR TiTE ,MCIAL MAGISMTE TO i ECoNsmER Y0[ift CASE. QUISi Iia peman decides to appeal any decision made by the Special Nbgistmte with respect to y matt= cans dercd of stabject meeting, they tvRl need o record of the preaeedings, anti - foie such p ese, they tnay treed to ensure that a verbatim retard of the pmcftdiags is made, upon which h.ppreoincludes testimony and evidence upou 'vvhich appeal is tri be based (FS Z86.C1105) i'I RM GOVERN YOURSKF ACCORDWGLY, B3" Tota L Taylor, Town qrk Town of Gulfstream 100 Sea Road GuIf Stream YL 33463 .(561) 276-5116 5617370188 Fax 02:18:48 P -m. 07-26-2013 20/22 Wiring 1h9tructions: 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 5617370188 Fax 02:18:54 p m 07-26-2013 21122 Exhibit "D1" RELEASE This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given by the Plaintiff;; (collectively the "Releasors") to the Town of Gulf Stream and its employees and elected and appointed officials (collectively referred to herein as the "Releasees"j. In consideration. of Ten Dollars ($10.00) and for and other goad 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, dries, 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 Releasers 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 finis 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 VUfNESS WHEREOF, the undersigned have executed this Release as ofthe day and date first WrIttQqabove. M. E. O'Boyle By: , Commerce Group, Inc. E. O'Boyle, President By: N AC Caravan, LLC NI E. O'Boyle, Member By: _ Airline HEghway, ILC Martin E. O'Boyle Managing Member 5617370166 Fax 02:19:09 p.m. 07-26-2013 22122 Exhibit "132" RELEASE This Release, made as of July 26, 2013, is executed this 26th clay of July, 2013, is given by the Town. of Cuff Stream on behalf of itselt its employees and its elected and appointed officials (collectively the "Releasors'j to the PlainfiTs (collectively referred to herein as the "Releasees"). In consideration of Ten .Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, scams 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 fintherance 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 oftbe 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 WANES S REOF, the undersigned have executed this Release as of the day and date first written aboI go, Hal Iw5H:5� i I=� e�S�xw Ci 8 C7 "� a c :' I s --- _ `� Q� u — — — — I� ti .a.*�.rr..arrawa uMl .Ir7d xnaBaru x t 107 1 0 7Oj CU 44 R � F ! 6 y � Ni! o PI I a Renee Basel From:Trey Nazzaro Sent:Monday, April 15, 2019 4:10 PM To:Randolph, John C. Subject:FW: O'Boyle - Proposed Dock Attachments:1UY5247-james re oboyle proposed dock.PDF; 1GW0334-settlement agreement martin oboyle executed.PDF; 1HA9065-development agreement martin oboyle recorded.PDF Mr. Randolph, Attached are the materials Joanne provided O’Boyle’s attorneys around this time last year as it relates to the dock/deck/promenade and the applicability of the settlement agreement. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Friday, May 25, 2018 9:59 AM To: Elaine James <ejames@elainejohnsonjames.com> (ejames@elainejohnsonjames.com) <ejames@elainejohnsonjames.com> Cc: Randolph, John C. <JRandolph@jonesfoster.com>; Trey Nazzaro <TNazzaro@gulf-stream.org>; Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: O'Boyle - Proposed Dock Elaine – Please see attached correspondence. Enjoy your holiday weekend – Joanne The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 1 Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 2 Renee Basel From:scottmorgan75@gmail.com Sent:Thursday, April 18, 2019 4:29 PM To:Trey Nazzaro Subject:Fw: O'Boyle - Settlement - Gulf Stream Reference to House Plan From: scottmorgan75@gmail.com Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. 1 Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 2 Renee Basel From:Rita Taylor Sent:Thursday, August 3, 2017 3:16 PM To:jRandolph@jonesfoster.com Subject:FW: O'Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101 Attachments:Rita Taylor 08.03.17.pdf I received the attached following a 30 min. phone conversation. Call me. Rita From: Brenda Russell \[mailto:brussell@commerce-group.com\] Sent: Thursday, August 3, 2017 11:43 AM To: Rita Taylor <RTaylor@gulf-stream.org> Cc: William Ring <wring@commerce-group.com>; Marty O'Boyle <moboyle@commerce-group.com> Subject: O'Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101 Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com 1 COMMERCE GROUP      P/1101/C/CC/2017RENOVATION  www.commerce-group.com TEL. 954.360.7713  FAX. 954.360.0807 1280 WEST NEWPORT CENTER DRIVE, DEERFIELD BEACH, FLORIDA 33442 moboyle@commerce-group.com Direct Dial Telephone #954-570-3505 [MEO0828.DS2] August 3, 2017 VIA E-MAIL: rtaylor@gulf-stream.org TELEPHONE #561-276-5116 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Town Clerk and Custodian of Records Re: 23 North Hidden Harbour Drive, Gulf Stream, Florida 33483 Dear Ms. Taylor: This will acknowledge receipt of your letter of July 10, 2017 which is in response to my letter of July 5, 2017; and Mr. Randolph’s E-Mail (with the attachments) to William Ring of June 30, 2017, which you refer to in your July 10, 2017 letter. A copy of your July 10, 2017 letter to me, my July 5, 2017 letter to you, Mr. Randolph’s June 30, 2017 letter to William Ring and the July 26, 2013 Settlement Agreement, also referred to you your July 10, 2017, are all attached for convenience. Since you have “punted” as applies to my July 5, 2017 letter, I will respond, to you, to Mr. Randolph’s ill-conceived assertions in his letter to William Ring. In that connection, I ask that you kindly note the following: 1. I point out that the Town of Gulf Stream has illegally, improperly, in derogation of the Settlement Agreement (referred to above) and “in bad faith”, refused to approve the pool and the deck at the property known as 23 North Hidden Harbour Drive, Gulf Stream, Florida 33483 (the “Property”). 2. With regard to the dock, the relevant portion of Mr. Randolph’s E- Mail to Mr. Ring states the following: Rita L. Taylor, Town Clerk and Custodian of Records August 3, 2017 Page 2 __________________________________________________ P/1101/C/CC/2017RENOVATION A. In the penultimate paragraph Mr. Randolph states “The minutes clearly reflect the intention of the parties in regard to this matter”. Please note that the minutes are attached to Mr. Randolph’s E-Mail. Further in this regard, Mr. Randolph states that “Town Council Baird made it clear at the meeting that any water structures were required to be approved by the Town of Gulf Stream”. I point out that what Mr. Baird told the Town of Gulf Stream does not apply to me nor does it apply to the Settlement Agreement. Mr. Randolph then goes on in the penultimate paragraph of his letter to say (referring to Mr. Baird’s statement) that Mr. Baird’s statement “means that the Town will follow its code section 66-369 in terms of docks”. I do not understand how such a statement could be relevant. See, inter alia, Paragraph 5 below. 3. I again point both you and Mr. Randolph to Paragraph 35 of the Settlement Agreement. 4. I also point both you and Mr. Randolph to the Development Agreement; and, more particularly, Exhibit B, which is the Settlement Agreement. 5. I also point you and Mr. Randolph to Paragraph 18 in the Development Agreement which states: “If and to the extent there are any conflicts between this Agreement, Exhibit A-1 - Exhibit A-2 or Exhibit B, the provisions of Exhibit B shall prevail”. Please remember that Exhibit B is the Settlement Agreement; please remember Paragraph 35 of Exhibit B which reads in relevant part: “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 and/or 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, Rita L. Taylor, Town Clerk and Custodian of Records August 3, 2017 Page 3 __________________________________________________ P/1101/C/CC/2017RENOVATION 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”. Note: The last sentence of Paragraph 35 is the only “carve out” from the language in Paragraph 35. 6. In addition, I point out Paragraph 29 of the Settlement Agreement titled: “Entire Agreement”. I point out the language of that provision which reads as follows: “29. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters covered and the transactions contemplated hereby. No modification or waiver of any provision of this Agreement shall in any event be effective unless the same shall be in writing and signed by the party to be charged, and then such waiver or consent shall be effective only as stated in writing”. Based upon the foregoing, it cannot be clearer that anything other than the Settlement Agreement “clearly reflects the intentions of the parties in regard to this matter”, despite Mr. Randolph’s statement as aforesaid. 7. Mr. Randolph states in the fourth Paragraph on Page 1 of his E- Mail to Bill Ring as follows: “It was clearly the intent of the Town and, we believe all parties to the Agreement, that the Property referenced in Paragraph 35 of the Agreement, when read in pari materia with Paragraph 36, relates to the portion of the Property which was in dispute and defined in Paragraph 36 which reads as follows: “36. Building Envelope. The Development Agreement will (a) include a survey provided by O’Boyle, which survey shall provide a building envelope for the Property (as designated by O’Boyle pursuant to the preceding paragraph); and (b) allow the construction of Rita L. Taylor, Town Clerk and Custodian of Records August 3, 2017 Page 4 __________________________________________________ P/1101/C/CC/2017RENOVATION Improvements within the area between intercostal [sic] waterway, the private roads and the common property line to the west”. 8. I refer you and Mr. Randolph again to Paragraph 35 (See Paragraph 5 above) In connection with Paragraph 35, please note that I have underlined and “bolded” the defined terms therein, i.e.: Improvements and Property. In that connection, please see the following: The definition of “Improvements” can be found in Paragraph #1 of the Settlement Agreement. “Improvements” means the improvements on the Property and, which include future improvements to be constructed on the Property. The definition of “Property” (see Paragraph #1 of Settlement Agreement) is 23 North Hidden Harbour Drive, which is reflected on the survey which Mr. Randolph refers to was provided to the Town and is attached as Exhibit C of the Development Agreement. 9. Referring to Exhibit C to the Development Agreement, the language typed in on Exhibit C states the following: “Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water”, provided that such Water Structures are approved by the Town of Gulf Stream (if applicable) as long as the area designated “Water” remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such are shall be included in the crosshatched area”. Referring to the above “quoted” language, the applicable language is “if applicable”. In that regard, I once again point both you and M. Randolph to Paragraph 35 which clearly states that the 1981 code applies. I also remind you again that Paragraph 8 of the Settlement Agreement clearly states Rita L. Taylor, Town Clerk and Custodian of Records August 3, 2017 Page 5 __________________________________________________ P/1101/C/CC/2017RENOVATION that the Settlement Agreement “trumps” the Development Agreement. Rita, all I am looking for is that which I am entitled. I have waited long enough. I intend to wait no longer. If the Town does not intend to abide by the terms of the Settlement Agreement, I will, to the extent applicable and permitted by law, cause suit to be instituted against the Town and to any of its Commissioners, Officers, Employees and Counsel that advised the Town to continue their malicious conduct against me, to the extent applicable and permitted by law. If further clarification is needed, I ask that you kindly contact me. Otherwise, I wish to proceed with the construction of my Property. I urge you to please work with me to avoid another litigation, which will expose the taxpayers to additional unnecessary and ego related expenditures. I look forward to a prompt and courteous response. Unfortunately, I can tolerate no more. Sincerely yours, Martin E. O'Boyle Enclosures cc: William F. Ring, Jr., Esquire – E-Mail w/ enclosures P.S. For the record, we disagree with the last paragraph of Mr. Randolph’s June 30, 2017 E-Mail. Renee Basel From:Rita Taylor Sent:Thursday, August 3, 2017 3:16 PM To:jRandolph@jonesfoster.com Subject:FW: O'Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101 Attachments:Rita Taylor 08.03.17.pdf I received the attached following a 30 min. phone conversation. Call me. Rita From: Brenda Russell \[mailto:brussell@commerce-group.com\] Sent: Thursday, August 3, 2017 11:43 AM To: Rita Taylor <RTaylor@gulf-stream.org> Cc: William Ring <wring@commerce-group.com>; Marty O'Boyle <moboyle@commerce-group.com> Subject: O'Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101 Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com 1 Renee Basel From:Gelin, Lynn <GelinL@mydelraybeach.com> Sent:Thursday, August 2, 2018 2:17 PM To:Trey Nazzaro Subject:FW: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Per your request Lynn Gelin, Esq. | Assistant City Attorney 561-243-7090| gelinL@mydelraybeach.com | 200 N.W. 1st Avenue, Delray Beach, Florida 33444     CITY OF DELRAY BEACH PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail . communications may therefore be subject to public disclosure From: Tobias, Steve Sent: Monday, July 30, 2018 3:14 PM To: 'Martin E. O’Boyle' <meo@commerce-group.com> Cc: Del - Arch Bob Currie (bob@csa-architects.com) <bob@csa-architects.com>; William Ring <wring@commerce- group.com>; Sheila O'Boyle <soboyle@commerce-group.com>; Stillings, Tim <stillings@mydelraybeach.com>; Gelin, Lynn <GelinL@mydelraybeach.com>; Lohman, Max <LohmanM@mydelraybeach.com>; Lauzier, Mark <Lauzier@mydelraybeach.com> Subject: RE: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Good afternoon Mr. O’Boyle, Permit number 17-168971 for 23 N. Hidden Harbour Drive has been re-opened. Consistent with similar expired permit applications, a letter from the Architect of Record is required to be submitted to the City of Delray Beach Building Division stating the scope of work proposed is “interior only”. All references to exterior work currently on the plan set will need to be performed under a separate permit application. Mr. Currie will need to acknowledge the plan set complies with the Florida Building Code sixth edition. Also, all NOA’s and associated paperwork must be reviewed/acknowledged for current acceptance. Please be reminded the future scope of work outlined below is require to be reviewed by the Town of Gulf Stream for zoning compliance. Respectfully, From: Martin E. O’Boyle \[mailto:meo@commerce-group.com\] Sent: Tuesday, July 24, 2018 3:18 PM To: Tobias, Steve 1 Cc: Del - Arch Bob Currie (bob@csa-architects.com); William Ring; Sheila O'Boyle Subject: RE: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Steve-thank you. Kindly keep us all posted. Needless to say, we are anxious to roll! :-) 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: Tobias, Steve <tobias@mydelraybeach.com> Sent: Tuesday, July 24, 2018 3:12 PM To: Martin E. O’Boyle <meo@commerce-group.com> Cc: Del - Arch Bob Currie (bob@csa-architects.com) <bob@csa-architects.com>; William Ring <wring@commerce- group.com>; Sheila O'Boyle <soboyle@commerce-group.com> Subject: RE: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Good afternoon All, I am in receipt of your email and agree to discuss the three items listed below with the Town of Gulf Stream. I’ve contacted their CM and am awaiting further direction regarding their requirement to “stamp” all associated paperwork. Steve From: Martin E. O’Boyle \[mailto:meo@commerce-group.com\] Sent: Tuesday, July 24, 2018 1:46 PM To: Tobias, Steve Cc: Del - Arch Bob Currie (bob@csa-architects.com); William Ring; Sheila O'Boyle Subject: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Dear Steve: Thank you for spending the time this morning with both Bill Ring and Bob Currie; and, thank you for speaking to both Bill and I afterwards. To be clear, all I want to do is to finish my house and make it a beautiful home and an asset to the community. In that connection, we are "in process" in accomplishing that goal; and now moving forward in the most rapid of fashions, in tending, of course, to comply with all laws and regulations as we go! In connection with this unusual "interior permit issue", as both Bill and I explained to you, we are just plain "baffled". In that connection, we have had the retro plans stamped by Gulfstream; and submitted to Delray. Although, as you have 2 represented to us, the permit has (timewise) expired, there have been no changes as applies to what Gulf Stream has already approved. I can't imagine why Gulfstream would be interested in the interior of my home. I'm thinking that Gulfstream is concerned that I am asking for approval for work outside the main structure. That is not the case and I am agreeable to stating that in writing. Steve, following our discussion of assured bit ago, my notes reflect that we will proceed as follows: 1.You will call the folks at Gulfstream and explained to them that you have the plans with their stamp on. 2.You will also explain to them that, as you see it, the permit has (timewise) matured, but that you are agreeable to extending of the permit. 3.You will explain to them that we have represented that the only work which we will be performing is not outside the structure (meaning on the deck, related to the dock, or any exterior improvements); and that we will be confirming that with you in writing; and that when you renew the permit you will note that it is for the affirmation areas. I'm assuming, based on the foregoing, unless there is a "political issue" that all will be fine with Gulf Stream; and we will be “good to go”. Assuming I am correct, I will instruct Bob Currie to communicate with you so as to update the interior plans (which, as I told you, are still being "tweaked"). Nonetheless, you and Bob Currie have a relationship and I'm certain that the two of you could resolve things easily and nicely. Steve, I do want you to know that we are working on a plan relative to the exterior. In that connection, there will (essentially) be three areas which will be addressed on the exterior plan, as follows: (a) we will show an expanded platform via an "envelope", with the ultimate platform being installed within that envelope. Also, within the envelope we will show the existing pool being demolished and a new pool being installed therein; (b) we will be showing a storage/equipment area on the plan. This will be shown in the form of an envelope as well. Once the actual storage/equipment room is designed, it will fit within the envelope; and (c) we will show an expansion of the structure to the west which will be a covered "open area" for outdoor living. Again, we will show an envelope, with the actual structure to be developed in the envelope. We will also show the structure as being one-story. Relative to the items in (a) through (c) above, we will, of course, ask Gulfstream to approve these items. In connection with the above, after receipt of this email, if you have any questions, please contact me or myself (number below) or feel free to contact Bill Ring (954-328-4383). After you speak to the folks at Gulfstream, please give me a call, as I need to know how to proceed from here as soon as possible. Again, reiterating, my goal is to finish my house beautifully, as I do not believe that the current "Sanford & Son" look is “appropriate for my neighborhood” or appreciated by my neighbors! :-) Many thanks for your kind cooperation. We look for the happiest of endings and a home which everyone will be proud of once finally finished. Thank you again! 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 3 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com 4 Renee Basel From:Gelin, Lynn <GelinL@mydelraybeach.com> Sent:Thursday, August 2, 2018 2:17 PM To:Trey Nazzaro Subject:FW: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Per your request Lynn Gelin, Esq. | Assistant City Attorney 561-243-7090| gelinL@mydelraybeach.com | 200 N.W. 1st Avenue, Delray Beach, Florida 33444     CITY OF DELRAY BEACH PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail . communications may therefore be subject to public disclosure From: Tobias, Steve Sent: Monday, July 30, 2018 3:14 PM To: 'Martin E. O’Boyle' <meo@commerce-group.com> Cc: Del - Arch Bob Currie (bob@csa-architects.com) <bob@csa-architects.com>; William Ring <wring@commerce- group.com>; Sheila O'Boyle <soboyle@commerce-group.com>; Stillings, Tim <stillings@mydelraybeach.com>; Gelin, Lynn <GelinL@mydelraybeach.com>; Lohman, Max <LohmanM@mydelraybeach.com>; Lauzier, Mark <Lauzier@mydelraybeach.com> Subject: RE: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Good afternoon Mr. O’Boyle, Permit number 17-168971 for 23 N. Hidden Harbour Drive has been re-opened. Consistent with similar expired permit applications, a letter from the Architect of Record is required to be submitted to the City of Delray Beach Building Division stating the scope of work proposed is “interior only”. All references to exterior work currently on the plan set will need to be performed under a separate permit application. Mr. Currie will need to acknowledge the plan set complies with the Florida Building Code sixth edition. Also, all NOA’s and associated paperwork must be reviewed/acknowledged for current acceptance. Please be reminded the future scope of work outlined below is require to be reviewed by the Town of Gulf Stream for zoning compliance. Respectfully, From: Martin E. O’Boyle \[mailto:meo@commerce-group.com\] Sent: Tuesday, July 24, 2018 3:18 PM To: Tobias, Steve 1 Cc: Del - Arch Bob Currie (bob@csa-architects.com); William Ring; Sheila O'Boyle Subject: RE: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Steve-thank you. Kindly keep us all posted. Needless to say, we are anxious to roll! :-) 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: Tobias, Steve <tobias@mydelraybeach.com> Sent: Tuesday, July 24, 2018 3:12 PM To: Martin E. O’Boyle <meo@commerce-group.com> Cc: Del - Arch Bob Currie (bob@csa-architects.com) <bob@csa-architects.com>; William Ring <wring@commerce- group.com>; Sheila O'Boyle <soboyle@commerce-group.com> Subject: RE: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Good afternoon All, I am in receipt of your email and agree to discuss the three items listed below with the Town of Gulf Stream. I’ve contacted their CM and am awaiting further direction regarding their requirement to “stamp” all associated paperwork. Steve From: Martin E. O’Boyle \[mailto:meo@commerce-group.com\] Sent: Tuesday, July 24, 2018 1:46 PM To: Tobias, Steve Cc: Del - Arch Bob Currie (bob@csa-architects.com); William Ring; Sheila O'Boyle Subject: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Dear Steve: Thank you for spending the time this morning with both Bill Ring and Bob Currie; and, thank you for speaking to both Bill and I afterwards. To be clear, all I want to do is to finish my house and make it a beautiful home and an asset to the community. In that connection, we are "in process" in accomplishing that goal; and now moving forward in the most rapid of fashions, in tending, of course, to comply with all laws and regulations as we go! In connection with this unusual "interior permit issue", as both Bill and I explained to you, we are just plain "baffled". In that connection, we have had the retro plans stamped by Gulfstream; and submitted to Delray. Although, as you have 2 represented to us, the permit has (timewise) expired, there have been no changes as applies to what Gulf Stream has already approved. I can't imagine why Gulfstream would be interested in the interior of my home. I'm thinking that Gulfstream is concerned that I am asking for approval for work outside the main structure. That is not the case and I am agreeable to stating that in writing. Steve, following our discussion of assured bit ago, my notes reflect that we will proceed as follows: 1.You will call the folks at Gulfstream and explained to them that you have the plans with their stamp on. 2.You will also explain to them that, as you see it, the permit has (timewise) matured, but that you are agreeable to extending of the permit. 3.You will explain to them that we have represented that the only work which we will be performing is not outside the structure (meaning on the deck, related to the dock, or any exterior improvements); and that we will be confirming that with you in writing; and that when you renew the permit you will note that it is for the affirmation areas. I'm assuming, based on the foregoing, unless there is a "political issue" that all will be fine with Gulf Stream; and we will be “good to go”. Assuming I am correct, I will instruct Bob Currie to communicate with you so as to update the interior plans (which, as I told you, are still being "tweaked"). Nonetheless, you and Bob Currie have a relationship and I'm certain that the two of you could resolve things easily and nicely. Steve, I do want you to know that we are working on a plan relative to the exterior. In that connection, there will (essentially) be three areas which will be addressed on the exterior plan, as follows: (a) we will show an expanded platform via an "envelope", with the ultimate platform being installed within that envelope. Also, within the envelope we will show the existing pool being demolished and a new pool being installed therein; (b) we will be showing a storage/equipment area on the plan. This will be shown in the form of an envelope as well. Once the actual storage/equipment room is designed, it will fit within the envelope; and (c) we will show an expansion of the structure to the west which will be a covered "open area" for outdoor living. Again, we will show an envelope, with the actual structure to be developed in the envelope. We will also show the structure as being one-story. Relative to the items in (a) through (c) above, we will, of course, ask Gulfstream to approve these items. In connection with the above, after receipt of this email, if you have any questions, please contact me or myself (number below) or feel free to contact Bill Ring (954-328-4383). After you speak to the folks at Gulfstream, please give me a call, as I need to know how to proceed from here as soon as possible. Again, reiterating, my goal is to finish my house beautifully, as I do not believe that the current "Sanford & Son" look is “appropriate for my neighborhood” or appreciated by my neighbors! :-) Many thanks for your kind cooperation. We look for the happiest of endings and a home which everyone will be proud of once finally finished. Thank you again! 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 3 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com 4 Renee Basel From:Gelin, Lynn <GelinL@mydelraybeach.com> Sent:Thursday, August 2, 2018 2:17 PM To:Trey Nazzaro Subject:FW: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Per your request Lynn Gelin, Esq. | Assistant City Attorney 561-243-7090| gelinL@mydelraybeach.com | 200 N.W. 1st Avenue, Delray Beach, Florida 33444     CITY OF DELRAY BEACH PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail . communications may therefore be subject to public disclosure From: Tobias, Steve Sent: Monday, July 30, 2018 3:14 PM To: 'Martin E. O’Boyle' <meo@commerce-group.com> Cc: Del - Arch Bob Currie (bob@csa-architects.com) <bob@csa-architects.com>; William Ring <wring@commerce- group.com>; Sheila O'Boyle <soboyle@commerce-group.com>; Stillings, Tim <stillings@mydelraybeach.com>; Gelin, Lynn <GelinL@mydelraybeach.com>; Lohman, Max <LohmanM@mydelraybeach.com>; Lauzier, Mark <Lauzier@mydelraybeach.com> Subject: RE: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Good afternoon Mr. O’Boyle, Permit number 17-168971 for 23 N. Hidden Harbour Drive has been re-opened. Consistent with similar expired permit applications, a letter from the Architect of Record is required to be submitted to the City of Delray Beach Building Division stating the scope of work proposed is “interior only”. All references to exterior work currently on the plan set will need to be performed under a separate permit application. Mr. Currie will need to acknowledge the plan set complies with the Florida Building Code sixth edition. Also, all NOA’s and associated paperwork must be reviewed/acknowledged for current acceptance. Please be reminded the future scope of work outlined below is require to be reviewed by the Town of Gulf Stream for zoning compliance. Respectfully, From: Martin E. O’Boyle \[mailto:meo@commerce-group.com\] Sent: Tuesday, July 24, 2018 3:18 PM To: Tobias, Steve 1 Cc: Del - Arch Bob Currie (bob@csa-architects.com); William Ring; Sheila O'Boyle Subject: RE: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Steve-thank you. Kindly keep us all posted. Needless to say, we are anxious to roll! :-) 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: Tobias, Steve <tobias@mydelraybeach.com> Sent: Tuesday, July 24, 2018 3:12 PM To: Martin E. O’Boyle <meo@commerce-group.com> Cc: Del - Arch Bob Currie (bob@csa-architects.com) <bob@csa-architects.com>; William Ring <wring@commerce- group.com>; Sheila O'Boyle <soboyle@commerce-group.com> Subject: RE: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Good afternoon All, I am in receipt of your email and agree to discuss the three items listed below with the Town of Gulf Stream. I’ve contacted their CM and am awaiting further direction regarding their requirement to “stamp” all associated paperwork. Steve From: Martin E. O’Boyle \[mailto:meo@commerce-group.com\] Sent: Tuesday, July 24, 2018 1:46 PM To: Tobias, Steve Cc: Del - Arch Bob Currie (bob@csa-architects.com); William Ring; Sheila O'Boyle Subject: O'Boyle residents-23 N. Hidden Harbour Dr., Gulfstream, FL-1101 Retro Dear Steve: Thank you for spending the time this morning with both Bill Ring and Bob Currie; and, thank you for speaking to both Bill and I afterwards. To be clear, all I want to do is to finish my house and make it a beautiful home and an asset to the community. In that connection, we are "in process" in accomplishing that goal; and now moving forward in the most rapid of fashions, in tending, of course, to comply with all laws and regulations as we go! In connection with this unusual "interior permit issue", as both Bill and I explained to you, we are just plain "baffled". In that connection, we have had the retro plans stamped by Gulfstream; and submitted to Delray. Although, as you have 2 represented to us, the permit has (timewise) expired, there have been no changes as applies to what Gulf Stream has already approved. I can't imagine why Gulfstream would be interested in the interior of my home. I'm thinking that Gulfstream is concerned that I am asking for approval for work outside the main structure. That is not the case and I am agreeable to stating that in writing. Steve, following our discussion of assured bit ago, my notes reflect that we will proceed as follows: 1.You will call the folks at Gulfstream and explained to them that you have the plans with their stamp on. 2.You will also explain to them that, as you see it, the permit has (timewise) matured, but that you are agreeable to extending of the permit. 3.You will explain to them that we have represented that the only work which we will be performing is not outside the structure (meaning on the deck, related to the dock, or any exterior improvements); and that we will be confirming that with you in writing; and that when you renew the permit you will note that it is for the affirmation areas. I'm assuming, based on the foregoing, unless there is a "political issue" that all will be fine with Gulf Stream; and we will be “good to go”. Assuming I am correct, I will instruct Bob Currie to communicate with you so as to update the interior plans (which, as I told you, are still being "tweaked"). Nonetheless, you and Bob Currie have a relationship and I'm certain that the two of you could resolve things easily and nicely. Steve, I do want you to know that we are working on a plan relative to the exterior. In that connection, there will (essentially) be three areas which will be addressed on the exterior plan, as follows: (a) we will show an expanded platform via an "envelope", with the ultimate platform being installed within that envelope. Also, within the envelope we will show the existing pool being demolished and a new pool being installed therein; (b) we will be showing a storage/equipment area on the plan. This will be shown in the form of an envelope as well. Once the actual storage/equipment room is designed, it will fit within the envelope; and (c) we will show an expansion of the structure to the west which will be a covered "open area" for outdoor living. Again, we will show an envelope, with the actual structure to be developed in the envelope. We will also show the structure as being one-story. Relative to the items in (a) through (c) above, we will, of course, ask Gulfstream to approve these items. In connection with the above, after receipt of this email, if you have any questions, please contact me or myself (number below) or feel free to contact Bill Ring (954-328-4383). After you speak to the folks at Gulfstream, please give me a call, as I need to know how to proceed from here as soon as possible. Again, reiterating, my goal is to finish my house beautifully, as I do not believe that the current "Sanford & Son" look is “appropriate for my neighborhood” or appreciated by my neighbors! :-) Many thanks for your kind cooperation. We look for the happiest of endings and a home which everyone will be proud of once finally finished. Thank you again! 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 3 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com 4 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Thursday, May 3, 2018 11:36 AM To:scottmorgan75@gmail.com; Robert Sweetapple Cc:Trey Nazzaro Subject:FW: Proposed agreed order FYI. I spoke with Elaine yesterday and O’Boyle’s emails re settlement were referencing his dock. She does not have the background to understand the circumstances of 2013 and the development agreement and I explained why the dock was not a negotiating point for a partial resolution. See below and let me know your thoughts by telephone. I leave at 2pm today and will be out tomorrow. I am traveling to NC this afternoon but then can be reached on my cell at (561)308-3757. Question is whether Town would still be open to the settlement agreement discussed at mediation if it includes all of the pure public records cases except the Judge Small case pending trial completion (including sober house and Sufrin cases handled by Hochman). We wanted 7, he has now dismissed 2 since mediation, so it would involve 5 public records cases. Outside scope are 4474 re fees, Sunshine Law case on appeal re Judge French, Sunshine Law case before Hafele, inverse condemnation case and the pending Judge Small records case. Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Elaine James <ejames@elainejohnsonjames.com> Sent: Wednesday, May 02, 2018 9:36 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: Re: Proposed agreed order This message originated from outside your organization I can send it no worries. Have a great time in NC. Do you think the town would be interested in memorializing the settlement with regard to the five cases if I could get Marty Toby sign the agreement and tender it to you for presentation to the Commission? 1 Sent from my iPhone On May 2, 2018, at 6:13 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: This is fine with me. Mary is out for his son’s college graduation but I can have someone else here file in the morning if that is easier for you. Just let me know. <image001.jpg> Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Elaine Johnson James <ejames@elainejohnsonjames.com> Sent: Wednesday, May 02, 2018 3:09 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com>; Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: Proposed agreed order This message originated from outside your organization <image003.jpg> 2 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Tuesday, August 22, 2017 7:32 AM To:Rita Taylor Cc:William Ring; Brenda Russell Subject:FW: Re: Pool/Pool Deck – 23 North Hidden Harbour Drive, Gulf Stream, FL (Residence of Martin O’Boyle) - (1101) Attachments:Sheet_A1.02_Enlarged_Site_Plan.pdf; IMG_2603.jpg; IMG_2604.jpg; IMG_2605.jpg; IMG_2606.jpg; IMG_2607.jpg; IMG_2608.jpg; Rita Taylor 08.03.17.pdf THE O’BOYLE POOL\\DECK Rita – kindly see below and attached. I discussed this with you. You told me what you wanted (which I do not agree that you were entitled to – I provided it nonetheless), and here we sit having another 11 days that have passed. Rita….really? I don’t YET know who or why, but as I see it, you, the Manager (which I can’t yet refer to a creep or a thug) and\\or the Mayor, or the “Town” as a whole are “fooling with me”; and thus pushing me in a direction that I don’t want to go, not to mention acting maliciously at the upper levels of bad faith. In my heart, I do not believe that you are a “bad actor”, but your conduct is beginning to question my conclusions. Rita, the Town has until Friday to deny me (and please provide the basis remembering Paragraph #35 of the Settlement st Agreement) or to approve me.. I point out that should the Town continue with its malicious, bad faith and 1 Amendment Retaliation (to say the least) or if the Town just keeps “fooling with me”), I intend to exercise my political rights and\\or my judicial rights, neither of which would be pleasing to the Town nor its residents. What’s your pleasure. I wish for resolution., I am prepared to deal with the Town otherwise. Again, I urge you not to push me. To the contrary, I urge the Town to do the right thing and end this chapter with a “Happy Ending”. I await your decision. THE O’BOYLE DOCK The above (for the most part) says it all. What’s your pleasure. I’ve had enough! A PROMPT REPLY Rita – unlike certain others (that I would certainly put into the “Thug” Category), I don’t see you there yet. For the most part, I see you as honorable and fair (although I have seen (what appears to have been as a result of internal pressure) where you appeared to have “bent the truth, attempted to re-write history and\\or had memory lapses”. I sometimes wonder which is the real Rita: th one that is warm, helpful and embracing, or the one that lives under fear of a vicious dictator. Hmmmmmmmmmmm!  UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THEM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU 1 TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (BRUSSELL@COMMERCE-GROUP.COM) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: Marty O'Boyle Sent: Friday, August 11, 2017 11:51 AM To: 'rtaylor@gulf-stream.org' Cc: William Ring; Brenda Russell; Marty O'Boyle Subject: Re: Pool/Pool Deck – 23 North Hidden Harbour Drive, Gulf Stream, FL (Residence of Martin O’Boyle) Dear Rita: I send you this E-Mail in furtherance to our most recent telephone conversation regarding the pool deck and the dock. In that connection, I ask you to please note below: POOL DECK 1. I attach a revised plan as prepared by Bob Currie, Architect (Sheet #A1.02, dated 4/7/17, Last Revised 8/10/17). Please see the “clouded” area in the pool area where the note now reads ”POOL DECK (Note Existing Impervious Area to be Refinished)” from the previous note which read: “New Pool Deck”. 2. I attach six (6) photographs which show the existing pool deck. See plan in #1 above 3. Based on the foregoing, there would be no need to have any type of drainage calculations or civil engineering done, since there are no changes to the impervious area. Kindly let me now if you disagree and your basis therefore. 4. Rita, may I now have whatever approvals from you that are necessary for finalization of the deck and the installation of the pool? I am ready to submit to Delray Beach for the Building Permit for the pool and deck. To the extent that there are any applications or fees necessary (as existed in 1981), please let me know. THE DOCK 1. Brenda sent you an E-Mail on August 3, 2017 @11:42 a.m. with an attached letter from me dated August 3, 2017 (a copy of that letter is attached so that it is handy). 2. I see no basis for the Town further delaying its approval (if necessary – which I do not agree that it is) for the dock. 2 3. 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Architecture, Planning,Interiors, & Sustainable Design AA26001584 185 NE 4TH AVENUE SUITE 101 DELRAY BEACH, FL 33483 THESE DRAWINGS ARE PREPARED PER ESTABLISHED INDUSTRY STANDARDS AND REPRESENT THE ARCHITECT AND ENGINEERS DESIGN CONCEPT. THEY ARE NOT INTENDED TO PROVIDE EVERY DETAIL OR CONDITION REQUIRED TO CONSTRUCT THE BUILDING. THE CONTRACTOR THROUGH SUBMITTALS AND OTHER COORDINATION EFFORTS IS FULLY RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL BUILDING WHETHER INDICATED ON THE PLANS OR NOT.T:(561) 276 -4951 F:(561) 243 -8184 E -MAIL: office@csa -architects.com 4-07-2017 8 / 1 1 / 2 0 1 7 8 : 4 4 : 3 3 A M J:\120902 OBOYLE RESIDENCE\DRAWINGS\OBOYLE RESIDENCE RENOV-DOCK\DRAWINGS\120902-OBOYLE-DOCK.rvt ENLARGED SITE PLAN JC A1.02OBOYLERESIDENCEKITCHEN AND DOCK RENOVATION 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA 1209024-07-2017 PERMIT SET 4/07/2017 1/8" = 1'-0" A1 . 0 2 1 SITE PLAN Enlarged 12'-0" WIDE DOCKN 1 " = 1 ' - 0 " A1 . 0 2 2. DE T A I L C O L U M N T O B E A M C O N N E C T I O N NUM. D E S C R I P T I O N D A T E 1 B l d g . D e p t . C o m m e n t s 5 / 9 / 1 7 2 C o n t . D o c k t o P r o p L i n e 8 / 1 0 / 1 7 1 .,w = �. ,. 11���111 woo 111 111 111 111 V� 1 r � ���� _-. S Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Tuesday, August 22, 2017 7:32 AM To:Rita Taylor Cc:William Ring; Brenda Russell Subject:FW: Re: Pool/Pool Deck – 23 North Hidden Harbour Drive, Gulf Stream, FL (Residence of Martin O’Boyle) - (1101) Attachments:Sheet_A1.02_Enlarged_Site_Plan.pdf; IMG_2603.jpg; IMG_2604.jpg; IMG_2605.jpg; IMG_2606.jpg; IMG_2607.jpg; IMG_2608.jpg; Rita Taylor 08.03.17.pdf THE O’BOYLE POOL\\DECK Rita – kindly see below and attached. I discussed this with you. You told me what you wanted (which I do not agree that you were entitled to – I provided it nonetheless), and here we sit having another 11 days that have passed. Rita….really? I don’t YET know who or why, but as I see it, you, the Manager (which I can’t yet refer to a creep or a thug) and\\or the Mayor, or the “Town” as a whole are “fooling with me”; and thus pushing me in a direction that I don’t want to go, not to mention acting maliciously at the upper levels of bad faith. In my heart, I do not believe that you are a “bad actor”, but your conduct is beginning to question my conclusions. Rita, the Town has until Friday to deny me (and please provide the basis remembering Paragraph #35 of the Settlement st Agreement) or to approve me.. I point out that should the Town continue with its malicious, bad faith and 1 Amendment Retaliation (to say the least) or if the Town just keeps “fooling with me”), I intend to exercise my political rights and\\or my judicial rights, neither of which would be pleasing to the Town nor its residents. What’s your pleasure. I wish for resolution., I am prepared to deal with the Town otherwise. Again, I urge you not to push me. To the contrary, I urge the Town to do the right thing and end this chapter with a “Happy Ending”. I await your decision. THE O’BOYLE DOCK The above (for the most part) says it all. What’s your pleasure. I’ve had enough! A PROMPT REPLY Rita – unlike certain others (that I would certainly put into the “Thug” Category), I don’t see you there yet. For the most part, I see you as honorable and fair (although I have seen (what appears to have been as a result of internal pressure) where you appeared to have “bent the truth, attempted to re-write history and\\or had memory lapses”. I sometimes wonder which is the real Rita: th one that is warm, helpful and embracing, or the one that lives under fear of a vicious dictator. Hmmmmmmmmmmm!  UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THEM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU 1 TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (BRUSSELL@COMMERCE-GROUP.COM) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: Marty O'Boyle Sent: Friday, August 11, 2017 11:51 AM To: 'rtaylor@gulf-stream.org' Cc: William Ring; Brenda Russell; Marty O'Boyle Subject: Re: Pool/Pool Deck – 23 North Hidden Harbour Drive, Gulf Stream, FL (Residence of Martin O’Boyle) Dear Rita: I send you this E-Mail in furtherance to our most recent telephone conversation regarding the pool deck and the dock. In that connection, I ask you to please note below: POOL DECK 1. I attach a revised plan as prepared by Bob Currie, Architect (Sheet #A1.02, dated 4/7/17, Last Revised 8/10/17). Please see the “clouded” area in the pool area where the note now reads ”POOL DECK (Note Existing Impervious Area to be Refinished)” from the previous note which read: “New Pool Deck”. 2. I attach six (6) photographs which show the existing pool deck. See plan in #1 above 3. Based on the foregoing, there would be no need to have any type of drainage calculations or civil engineering done, since there are no changes to the impervious area. Kindly let me now if you disagree and your basis therefore. 4. Rita, may I now have whatever approvals from you that are necessary for finalization of the deck and the installation of the pool? I am ready to submit to Delray Beach for the Building Permit for the pool and deck. To the extent that there are any applications or fees necessary (as existed in 1981), please let me know. THE DOCK 1. Brenda sent you an E-Mail on August 3, 2017 @11:42 a.m. with an attached letter from me dated August 3, 2017 (a copy of that letter is attached so that it is handy). 2. I see no basis for the Town further delaying its approval (if necessary – which I do not agree that it is) for the dock. 2 3. If the Town in tends for formally deny my plan for the dock, I ask that they do so immediately so I can take the appropriate actions. Rita, I am trying to get my house done. I don’t like the Town continually fooling with me. Please let me know with a prompt response. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 3 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Tuesday, August 22, 2017 7:32 AM To:Rita Taylor Cc:William Ring; Brenda Russell Subject:FW: Re: Pool/Pool Deck – 23 North Hidden Harbour Drive, Gulf Stream, FL (Residence of Martin O’Boyle) - (1101) Attachments:Sheet_A1.02_Enlarged_Site_Plan.pdf; IMG_2603.jpg; IMG_2604.jpg; IMG_2605.jpg; IMG_2606.jpg; IMG_2607.jpg; IMG_2608.jpg; Rita Taylor 08.03.17.pdf THE O’BOYLE POOL\\DECK Rita – kindly see below and attached. I discussed this with you. You told me what you wanted (which I do not agree that you were entitled to – I provided it nonetheless), and here we sit having another 11 days that have passed. Rita….really? I don’t YET know who or why, but as I see it, you, the Manager (which I can’t yet refer to a creep or a thug) and\\or the Mayor, or the “Town” as a whole are “fooling with me”; and thus pushing me in a direction that I don’t want to go, not to mention acting maliciously at the upper levels of bad faith. In my heart, I do not believe that you are a “bad actor”, but your conduct is beginning to question my conclusions. Rita, the Town has until Friday to deny me (and please provide the basis remembering Paragraph #35 of the Settlement st Agreement) or to approve me.. I point out that should the Town continue with its malicious, bad faith and 1 Amendment Retaliation (to say the least) or if the Town just keeps “fooling with me”), I intend to exercise my political rights and\\or my judicial rights, neither of which would be pleasing to the Town nor its residents. What’s your pleasure. I wish for resolution., I am prepared to deal with the Town otherwise. Again, I urge you not to push me. To the contrary, I urge the Town to do the right thing and end this chapter with a “Happy Ending”. I await your decision. THE O’BOYLE DOCK The above (for the most part) says it all. What’s your pleasure. I’ve had enough! A PROMPT REPLY Rita – unlike certain others (that I would certainly put into the “Thug” Category), I don’t see you there yet. For the most part, I see you as honorable and fair (although I have seen (what appears to have been as a result of internal pressure) where you appeared to have “bent the truth, attempted to re-write history and\\or had memory lapses”. I sometimes wonder which is the real Rita: th one that is warm, helpful and embracing, or the one that lives under fear of a vicious dictator. Hmmmmmmmmmmm!  UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THEM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU 1 TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (BRUSSELL@COMMERCE-GROUP.COM) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: Marty O'Boyle Sent: Friday, August 11, 2017 11:51 AM To: 'rtaylor@gulf-stream.org' Cc: William Ring; Brenda Russell; Marty O'Boyle Subject: Re: Pool/Pool Deck – 23 North Hidden Harbour Drive, Gulf Stream, FL (Residence of Martin O’Boyle) Dear Rita: I send you this E-Mail in furtherance to our most recent telephone conversation regarding the pool deck and the dock. In that connection, I ask you to please note below: POOL DECK 1. I attach a revised plan as prepared by Bob Currie, Architect (Sheet #A1.02, dated 4/7/17, Last Revised 8/10/17). Please see the “clouded” area in the pool area where the note now reads ”POOL DECK (Note Existing Impervious Area to be Refinished)” from the previous note which read: “New Pool Deck”. 2. I attach six (6) photographs which show the existing pool deck. See plan in #1 above 3. Based on the foregoing, there would be no need to have any type of drainage calculations or civil engineering done, since there are no changes to the impervious area. Kindly let me now if you disagree and your basis therefore. 4. Rita, may I now have whatever approvals from you that are necessary for finalization of the deck and the installation of the pool? I am ready to submit to Delray Beach for the Building Permit for the pool and deck. To the extent that there are any applications or fees necessary (as existed in 1981), please let me know. THE DOCK 1. Brenda sent you an E-Mail on August 3, 2017 @11:42 a.m. with an attached letter from me dated August 3, 2017 (a copy of that letter is attached so that it is handy). 2. I see no basis for the Town further delaying its approval (if necessary – which I do not agree that it is) for the dock. 2 3. If the Town in tends for formally deny my plan for the dock, I ask that they do so immediately so I can take the appropriate actions. Rita, I am trying to get my house done. I don’t like the Town continually fooling with me. Please let me know with a prompt response. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 3 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Tuesday, August 22, 2017 7:32 AM To:Rita Taylor Cc:William Ring; Brenda Russell Subject:FW: Re: Pool/Pool Deck – 23 North Hidden Harbour Drive, Gulf Stream, FL (Residence of Martin O’Boyle) - (1101) Attachments:Sheet_A1.02_Enlarged_Site_Plan.pdf; IMG_2603.jpg; IMG_2604.jpg; IMG_2605.jpg; IMG_2606.jpg; IMG_2607.jpg; IMG_2608.jpg; Rita Taylor 08.03.17.pdf THE O’BOYLE POOL\\DECK Rita – kindly see below and attached. I discussed this with you. You told me what you wanted (which I do not agree that you were entitled to – I provided it nonetheless), and here we sit having another 11 days that have passed. Rita….really? I don’t YET know who or why, but as I see it, you, the Manager (which I can’t yet refer to a creep or a thug) and\\or the Mayor, or the “Town” as a whole are “fooling with me”; and thus pushing me in a direction that I don’t want to go, not to mention acting maliciously at the upper levels of bad faith. In my heart, I do not believe that you are a “bad actor”, but your conduct is beginning to question my conclusions. Rita, the Town has until Friday to deny me (and please provide the basis remembering Paragraph #35 of the Settlement st Agreement) or to approve me.. I point out that should the Town continue with its malicious, bad faith and 1 Amendment Retaliation (to say the least) or if the Town just keeps “fooling with me”), I intend to exercise my political rights and\\or my judicial rights, neither of which would be pleasing to the Town nor its residents. What’s your pleasure. I wish for resolution., I am prepared to deal with the Town otherwise. Again, I urge you not to push me. To the contrary, I urge the Town to do the right thing and end this chapter with a “Happy Ending”. I await your decision. THE O’BOYLE DOCK The above (for the most part) says it all. What’s your pleasure. I’ve had enough! A PROMPT REPLY Rita – unlike certain others (that I would certainly put into the “Thug” Category), I don’t see you there yet. For the most part, I see you as honorable and fair (although I have seen (what appears to have been as a result of internal pressure) where you appeared to have “bent the truth, attempted to re-write history and\\or had memory lapses”. I sometimes wonder which is the real Rita: th one that is warm, helpful and embracing, or the one that lives under fear of a vicious dictator. Hmmmmmmmmmmm!  UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THEM ALL; AND MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU 1 TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL (BRUSSELL@COMMERCE-GROUP.COM) OR TO CALL HER (954 570 3513). THANK YOU FOR YOUR COOPERATION. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: Marty O'Boyle Sent: Friday, August 11, 2017 11:51 AM To: 'rtaylor@gulf-stream.org' Cc: William Ring; Brenda Russell; Marty O'Boyle Subject: Re: Pool/Pool Deck – 23 North Hidden Harbour Drive, Gulf Stream, FL (Residence of Martin O’Boyle) Dear Rita: I send you this E-Mail in furtherance to our most recent telephone conversation regarding the pool deck and the dock. In that connection, I ask you to please note below: POOL DECK 1. I attach a revised plan as prepared by Bob Currie, Architect (Sheet #A1.02, dated 4/7/17, Last Revised 8/10/17). Please see the “clouded” area in the pool area where the note now reads ”POOL DECK (Note Existing Impervious Area to be Refinished)” from the previous note which read: “New Pool Deck”. 2. I attach six (6) photographs which show the existing pool deck. See plan in #1 above 3. Based on the foregoing, there would be no need to have any type of drainage calculations or civil engineering done, since there are no changes to the impervious area. Kindly let me now if you disagree and your basis therefore. 4. Rita, may I now have whatever approvals from you that are necessary for finalization of the deck and the installation of the pool? I am ready to submit to Delray Beach for the Building Permit for the pool and deck. To the extent that there are any applications or fees necessary (as existed in 1981), please let me know. THE DOCK 1. Brenda sent you an E-Mail on August 3, 2017 @11:42 a.m. with an attached letter from me dated August 3, 2017 (a copy of that letter is attached so that it is handy). 2. I see no basis for the Town further delaying its approval (if necessary – which I do not agree that it is) for the dock. 2 3. If the Town in tends for formally deny my plan for the dock, I ask that they do so immediately so I can take the appropriate actions. Rita, I am trying to get my house done. I don’t like the Town continually fooling with me. Please let me know with a prompt response. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 3 Renee Basel From:Scott Morgan <scottmorgan75@gmail.com> Sent:Sunday, May 6, 2018 8:13 AM To:Trey Nazzaro; Bob Sweetapple; Joanne M. OConnor Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:Settlement Agreement.pdf; Exhibit D - Draft Plan for Proposed Dock.pdf From: Martin E. O’Boyle Sent: Friday, May 04, 2018 4:54 PM To: scottmorgan75@gmail.com Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. 1 Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream 2 Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 3 1 1 l 1 1 PROPERTY LINE 1 I I I 1 EDGEO RETAINING WALL F--DSCAPING 7 w�", 2X82x6DECKING EDGEOF SEA TOP Q (.21' FRCM F.F.) EXISTING POOL TO REMAIN i —EDGE OF SEAWALL \� `PRIVATE CANAL EDGE OF SEA WALL / 4 PROPERTY LINE (3) 2X8 HTS -20 EA. SIDE EA, END 8.540.625 GLULAM OR 7x224 VERSALAM FBC 2014 170 MPH ULTIMATE WIND SPEED (3 SEC GUST) 132 MPH NOMINAL WIND SPEED (3 SEC GUST) RISK CAT=11 EXP='C' PORCH LIVE LOAD= 100 PSF PORCH DEAD LOAD= 15 PSF NET UPLIFTS= 26 PSF 1 SITE PLAN Enlarged A1.02 18•=1- 12'-O'WIDEDOCK Notes: 1. Backup generator to be installed. 2. Propane tank(s) to be Installed 3. At Improvements and equipment shown to be Installed hereon Shall be Installed in accordance with the Town of Gulf Stream Code in existence as of January 1, 1981. 4. Martin O'Boyle reserves the right to make such other Installations and Improvements provided such other Installations and Improvements shall be Installed In accordance with the Town of Gulf Stream Code in existence as of January 1, 1981. s CURRIE SOWARDS AGUILA architects Architecture, Planning, Interiors, & 5ustalnable Oeslgn AA260015M 185 HE 4TH AVENUE SUFTE:01 DEIMY eFApl, FL J3483 3-.(561) 276-4951 F:(561) 243-81&4 Et4111: I-*.. xrrAi[eRz.mm 155'uE0 TCR : CURRENT 5-10-2018 PERVIT 4-07-2017 11F `1RU;110N FFJ)CCT TUEE OBOYLE RESIDENCE KITCHEN AND DOCK RENOVATION 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA aL n= D.u5 NUM DESCRIPTION DATE _t Bid}Dppl Comments 5N'1] 2 Cmt Dxkb Prop line BI1D'i] ] Ovmer request 6!9'18 PER ESTABLISHED INDUSTRY STANDAROSANOREPRESENTTME ARCHITECT AND ENGINEERS DESIGN CON CEPT.THEYARENOTINTENDED TO PROVIDE EVERY DETAIL OR CONDITION REOUIRED TO CONSTRUCT THE BUILDING, THE CONTRACTORTHROUGH SUBMITTALS ANOOTHER COORDINATION EFFORTS IS FULLY RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL 1BUADrt�G wHUHER INDICATED CN -,7,R NOT. C ?vnt � IHIE"r ENLARGED SITE PLAN O h pc¢ cRArnr m LU 4-07-20171 JC U] 1209023- H 1—NG rvUu6EE. W A1.02 a- SETTLEMENT AGREEMENT For and in consideration of good and valuable consideration, the adequacy and receipt of which are acknowledged, MARTIN O'BOYLE and the TOWN OF GULF STREAM and each Releasor (as defined below), agree to the content of this Settlement Agreement. 2 Each individual or entity in each of the Cases (listed on Exhibit "A" hereto) is shown in the column on Exhibit A titled "Releasing Plaintiff' (each such individual or entity in the column on Exhibit A titled Releasing Plaintiff shall be referred to in this Settlement Agreement as a "Releasor"). The term "Cases" shall mean individually and collectively those Cases listed on Exhibit "A" hereto. MARTIN O'BOYLE, individually and on behalf of each Releasor, and the O'Boyle Parties (as defined below), fully and forever hereby irrevocably discharge and release The TOWN OF GULF STREAM, its present and past Commissioners, employees, Manager, attorneys, agents, consultants, vendors, contractors, consultants, insurers and successors and assigns (individually and collectively the "Gulf Stream Parties") from the Cases but limited to the claims actually asserted by the applicable Releasor in the Cases (listed on Exhibit "A" hereto). As used in this paragraph, the O'Boyle Parties (as defined below) does not include Citizen's Awareness Foundation, Inc. 3. To the extent that The TOWN OF GULF STREAM has, had, may have or may have had explicit or implicit authority, on behalf of itself, and its present and past Commissioners, employees, Manager, attorneys, agents, consultants, vendors, contractors, insurers and successors and assigns, together with any party listed on exhibit B who has executed exhibit B (individually and collectively the "Gulf Stream Parties"), The TOWN OF GULF STREAM fully and forever hereby irrevocably discharges and releases the O'Boyle Parties (as defined below) from each and every action, cause of action, lawsuit, appeal, post judgment proceeding, claim for attorney's fees, claim for costs, claim for Sanctions (as hereafter defined) (whether requested or imposed), public records request, claim for any award, loss, damage, judgment, remedy, or relief whatsoever in law and in equity, including each and every claim arising under local law, state law, federal law, the Florida Constitution, and/or the United States Constitution (collectively "CLAIMS") which the Gulf Stream Parties ever had, now has, can or may have against any of the for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement. The term "O'Boyle Parties" when used in this Settlement Agreement (unless otherwise stated) means, individually and collectively: (a) Martin E. O'Boyle (sometimes referred to as "O'BOYLE" or "O'Boyle"); (b) Airline Highway, LLC; Asset Enhancement, Inc.; CG Acquisition Company, Inc.; Commerce GP, Inc.; Commerce Group, Inc.; Commerce Realty Group, Inc.; CRO Aviation, Inc.; Our Public Records, LLC; Stopdirtygovernment, LLC; Public Awareness Institute, Inc.; and Citizens for Open Government, LLC (c) and Citizens Awareness Foundation, Inc.; (d) SLO 16 Hidden Harbour, LLC; (e) the "O'Boyle Requestors" (as defined below); and (f) all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, heirs and assigns of all of the above individuals and all parties listed in subparagraphs (a) though (e) above, including, without limitation, all present and past directors, shareholders, members, officers, employees, consultants, vendors, agents, attorneys, partners, Ito -2 - insurers, successors, heirs and assigns of all of the above individuals and all parties listed in subparagraphs (a) though (f) above. Notwithstanding anything to the contrary in this Settlement Agreement, the term "O'Boyle Parties" shall not include Denise DeMartini, Daniel DeSouza, and DeSouza Law, P.A. 4. The Gulf Stream Parties fully and forever hereby irrevocably discharges and releases: (a) Jonathan O'Boyle, Esq.; (b) Giovani Mesa, Esq.; (c) Nicklaus Taylor, Esq.; (d) Ryan Witmer, Esq.; (e) William F. Ring, Esq.; (f) The O'Boyle Law Firm, P.C. (the "OLF") and (g) all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of the OLF (individually and collectively "O'Boyle Attorneys") from all CLAIMS which the Gulf Stream Parties ever had, now has, can or may have against the O'Boyle Attorneys, including, without limitation, any claims and other matters arising from their representation of O'Boyle Parties, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and the Gulf Stream Parties also hereby knowingly waives all such CLAIMS; except that, in the event that any of the O'Boyle Attorneys seek in the capacity as a litigant, any form of judicial or other relief against any of the Gulf Stream Parties (each individually and collectively referred to as a "New Attorney Lawsuit"), then this paragraph will not prevent, limit, reduce, or otherwise hinder any of the Gulf Stream Parties in its rights or ability to defend itself and to assert all defenses in any such action brought by any of the O'Boyle Attorneys. 5. The TOWN OF GULF STREAM and O'BOYLE will file promptly stipulations for the dismissal with prejudice of the Cases (the "Dismissals") in the appropriate court to secure a final order of dismissal of each case with each party to the Cases to bear its own attorney's fees and costs, even if a party is otherwise entitled to seek attorney's fees and costs ("Costs") from another under a fee or cost shifting provision. All sanctions claims made, ordered, or granted, 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, the TOWN OF GULF STREAM hereby waives payment of all Costs and Sanctions ("Sanction Payments"). The form for the Dismissals is attached hereto as Exhibit `B". 6. This Settlement Agreement amounts to an immediate written withdrawal of each and every public records request unfulfilled as of the date of the execution of this Settlement Agreement to the TOWN OF GULF STREAM by O'BOYLE, a relative, employee, associate, agent, an entity which is controlled by O'Boyle or attorney of O'Boyle, but only to the extent that any such party was acting on behalf of O'Boyle (collectively "O'Boyle Requestors"). The withdrawal of the public records requests referred to in the preceding sentence shall not apply to the public records requested in existing lawsuits that are not referred to in Exhibit A. 5 f 6 -3- 7. In the event that any O'Boyle Requestors submit a public records request to the TOWN OF GULF STREAM (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 OF GULF STREAM ("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 OF GULF STREAM will be governed by Chapter 119 of the Florida Statutes ("Chapter 119"). The TOWN OF GULF STREAM and O'BOYLE have read this Settlement Agreement with the assistance of counsel and understand its terns, obligations, operation, and effect. The TOWN OF GULF STREAM and O'BOYLE acknowledge that their entry into this Settlement Agreement shall not be deemed or considered to be any admission or acceptance of blame, liability, or responsibility. The TOWN OF GULF STREAM and O'BOYLE 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. 9. The TOWN OF GULF STREAM and O'BOYLE 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. 10. 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 OF GULF STREAM 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 O'BOYLE shall be made to Martin O'Boyle (with a copy to William F. Ring, Esq. 4L6 H at 1280 W. Newport Center Drive, Deerfield Beach, FL, 33442. 11. 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 TOWN OF GULF STREAM and O'BOYLE consent to the exclusive jurisdiction of the Circuit Court for the 15th Judicial Circuit for the State of Florida for enforcement of this Settlement Agreement. 12. 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 13. The content of this Settlement Agreement contains the entire agreement of the TOWN OF GULF STREAM and O'BOYLE with respect to all matters covered and the transactions as contained herein. 14. 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 OF GULF STREAM and O'Boyle. 15. 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. 16. Beyond the scope of this settlement agreement and this release are the following: A. Any claim for (i) O'BOYLE's accrued financial obligations to the Town, arising from normal municipal functions, such as taxes, assessments, use fees and utility services and (ii) any matter that does not exist on April 3, 2018 and arises thereafter from the Town's normal municipal and code enforcement functions; B. Anything that would limit the Town in its rights or ability to assert all defenses available to a defending party in any lawsuit or proceeding of any kind that (i) is pending between the TOWN OF GULF STREAM and MARTIN O'BOYLE or any of the O'Boyle parties after the execution of this Settlement Agreement or (ii) is based upon conduct that occurred prior to the execution of this Settlement Agreement; and C. Anything that would limit the Town in its rights or ability to assert all defenses, defensive matters or sanctions available to a defending party in any lawsuit or proceeding of any kind based on conduct arising after the execution of this -5 - Settlement Agreement by MARTIN O'BOYLE or the O'Boyle Parties. 17. Notwithstanding anything to the contrary in this Settlement Agreement: A. The parties to this Settlement Agreement agree that the Development Agreement and the Settlement Agreement (the "l" Settlement Agreement") attached hereto as composite Exhibit _C_ (collectively the "Original Agreements") are in full force and effect and that the Plaintiffs (as defined in the l" Settlement Agreement) and Owner (as defined in the Development Agreement) each have and reserves all rights that each has (individually and collectively) under the Original Agreements. B. The parties to this Settlement Agreement agree that O'Boyle has the right to construct, place and install upon the Property (as defined in the Original Agreements) any and all improvements and installations, including, without limitation, items of personalty, equipment, materials and other similar type items which were not prohibited to be constructed, placed or installed on the Property before January 1, 1981. C. By entering into this Settlement Agreement, the Town of Gulfstream approves the installation, placement and construction of all improvements, including equipment, material, and other items of personalty (including, without limitation, the improvements extending over the water as shown on the plan attached hereto as composite Exhibit D V/ e IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement as of� _, 2018. Witness: Witness: Witness: Witness: Sjv Martin E. O'Boyle individually and on behalf of each Releasor and the O'Boyle Parties Town of Gulf Stream on behalf of the Gulf Stream Parties Exhibit "A" - Case List 1.\Projects\Non Project Relateftepl\Active Disputes\Settlement- Gulf Stream-O'Boyle\Exhibit A to Settlement Agreement OS.02.18.xlsx �,w A—T— B C ......... iEXHIBIT A TO SETTLEMENT AGREEMENT 5-1-18 2 Case Number umber Releasing Plaintiff 1 1502014CA001 572XXXXMB Martin E. O'Boyle ... ... - . 2502014CA002728XXXXMB !Martin E. O'Boyle ...,...__._1 4 5 6 3 1502014CA005628XXXXAG ?Martin E. O'Boyle 7 4 502014CA008076XXXXMB Martin E. O'Boyle 5020l4CA0IO2I6XXXXMI3 5i Asset Enhancement, Inc. 6 1502014CAOI Martin E. O'Boyle, Airline Highway LLC, Commerce Group, Inc., Commerce 1940XXXXMB Realty Group, Inc., CRO Aviation, Inc. Our Public Records, LLC, and CG Acquistion Company, Inc. 9 7 i5020I6CA004546XXXXM6 Martin E. O'Boyle 10 1.\Projects\Non Project Relateftepl\Active Disputes\Settlement- Gulf Stream-O'Boyle\Exhibit A to Settlement Agreement OS.02.18.xlsx �,w Exhibit B - The Town of Gulf Stream Robert Sweetapple, Esq. on behalf of himself and Sweetapple, Broeker & Varkas, PL and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above. Joanne O'Connor, Esq. on behalf of herself and Jones, Foster Johsnton & Stubbs, PA and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above. Jeffery L. Hochman, Esq on behalf of himself and Johnson Anselmo, Murdoch, Burke, Piper and Hochman, PA and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above. Gerald F. Richman, Esq on behalf of himself and Richman Greer, P.A. and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above Joshua A. Goldstein, Esq. on behalf of himself and Cole, Scott, Kissane PA and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above Scott Morgan Thomas Stanley Paul Lyons Donna White William Thrasher Edward Nazzaro, Esq. Rita Taylor Joan Orthwein Robert Ganger Gregory Dunham Kelly Avery Freda DeFosse Renee Basel EXHIBIT C - Original Agreements (Development Agreement and the lst Settlement Agreement) �Ai DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is made and entered into this day of . 2013, by and between the TOWN OF GULF STREAM, a Florida municipal corporation (hereinafter the "Town"), whose address is 100 Sea Road, Gulf Stream, Florida 33483, and MARTIN E. O'BOYLE ("Owner"), whose address is 23 North Hidden Harbour Drive, Gulf Stream, Florida 33483. RECITALS WHEREAS, the Town is empowered and authorized to enter into Development Agreements in accordance with the Florida Local Government Development Agreement Act, Florida Statutes Section 163.3220-163.3243 (2012) ("Act"); and WHEREAS, Owner filed an application for Development Approval for a Level 3 Architectural/Site Plan Review ("Application") seeking permission to construct a new front entry feature to his existing residence located at 23 North Hidden Harbour Drive ( "Property"); and WHEREAS, the Town Manager, acting as the Zoning Administrator ("Administrator") determined that the proposed design of the new front entry feature would require four variances from the requirements of the Town's Code of Ordinances ("Code"); and WHEREAS, the Town Commission, sitting as the Board of Adjustment conducted a quasi- judicial proceeding, following which it sustained the determination of the Administrator that four variances from the Code were required, of which only one was granted ; and WHEREAS, Owner appealed the Town Commission's Final Order and subsequently filed a number of public records requests associated with the denial of the Application. NOW, THEREFORE, the Town and Owner, for $10.00 and other good and valuable consideration, including the terms and conditions of the Agreement, the receipt and sufficiency of which is acknowledged by each party, hereby agree as follows: 1. Recitals. The recitals are incorporated herein and made a part hereof. 2. Current Zoning. The Property is located within the North/South Zoning District, Section 70-27 of the Code. 3. Future Land Use Plan Designation. The future land use designation of the Property is Single Family. 4. Land uses. The Property is an improved single family home with garages that was constructed in or about 1983. 5. Concurrency. The Property meets all applicable levels of service. 6. Comprehensive Plan Consistency. The Property's zoning is consistent with the future land use designation of the Town's Comprehensive Plan. 7. Land Development Regulations. The land development regulations which shall be applied to the Property are contained within Chapters 66, entitled "Zoning" and 70, entitled "Gulf Stream Design Manual" of the Code. (a) The architectural feature shown on the entry feature as shown in the Plans (as defined in the Settlement Agreement attached as Exhibit B) is not an "eave" and therefore shall not be subject to the eave height requirements for structures pursuant to the Code. The result is that when the Code is properly applied to the Application no variance is required; (b) The height of the proposed entry feature for this two story structure is not subject to the eave height requirements contained in Section 70-100 (c) of the Code. Rather, the height of the entry feature for this structure is governed by Section 70-100 (a) (4) of the Code. Under a proper application of the Code, the Architectural/Site Plan Application submitted does not require a variance; and (c) With respect to the minimum front yard setback, a proper interpretation of the Code would be that this setback should be measured from the atrium (the wall and trellis system just north and east of the front entry of the home) as shown on the Architectural/Site Plan because the atrium is part of the home. More particularly, the beginning point of the measurement of the front yard set back should be the northernmost point of the atrium. When the atrium is used as the beginning point for measurement no variance is required because there is no encroachment. S. Term. This Agreement shall have a term of thirty (30) years after the Effective Date; provided, however, nothing shall preclude the parties from modifying or extending the Development Agreement or entering into a new Development Agreement. 9. Authorized Development. The Town agrees: a) that the Property may be developed substantially in accordance with the Application (Exhibit A-1) or substantially in accordance with the Plans (Exhibit A-2); b) to issue (or cause to be issued) such other necessary permits, permission and approvals as may be required to demolish and construct the Improvements upon the Property as set forth in the Application or on the Plans; C) that the height of the home's entry feature may be 30 feet measured from the highest floor elevation to peak of the roof; d) that the front setback for the Property shall be measured from the most northerly portion of the existing atrium to the front lot line.; and e) that the area under the entry feature shall be excluded from the calculation of floor area. P/1101/C/C/R2012 08.27.13 Page 2 f) that the development, renovation or redevelopment of the Property shall not have more than one residence, which residence shall be a Single Family residence and which residence shall not exceed two stories. 10. Amendments. This Agreement may be amended by the mutual consent of the Town and Owner. 11. Exhibits. The Architectural/Site plan for the Property is attached hereto and incorporated herein as Exhibit A-1. The Plans are attached hereto and are incorporated herein as Exhibit A-2. The Settlement Agreement bearing even date herewith (and which is attached hereto as Exhibit B) shall be incorporated herein and be a part hereof. 12. Termination. This Agreement may be terminated upon the agreement of the parties. 13. Successors in Interest. This Agreement shall inure to the benefit of the parties successors and assigns, and shall run with the land. 14. Recording. In accordance with § 163.3239, Fla. Stat., this Agreement shall be recorded in the Official Public Records in and for Palm Beach County, Florida, within 14 days of its execution by the parties. 15. Governing Law. The laws of the State of Florida shall apply. Venue shall be in Palm Beach County, Florida. 16. Attorney Fees. In the event either of the parties must enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney fees and costs through the appellate level. 17. Effective Date. This Agreement shall become effective upon the recording of the Agreement by the parties. 18. Conflicts. If and to the extent that there are any conflicts between this Agreement, Exhibit A-1, Exhibit A-2 or Exhibit B, the provisions of Exhibit B shall prevail. 19. Building Envelope. Attached hereto and incorporated herein as Exhibit C is a copy of a Survey which Survey provides a Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O'Boyle (including his heirs, successors and assigns) may construct Improvements in the Building Envelope; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town. P/1101/C/C/R2012 08.27.13 Page 3 IN WITNESS WHEREOF, the parties have hereto set their hands and seals this of , 2013. ATTEST: [TOWN SEAL] APPROVED AS TO FORM AND LEGAL S,.1-FF1CI�NC B 77�r Y - John C. R ndolp own Attorney WITNSSE LI i Signature Print Name: UAiL 4�. Signature Print Name: tt �U.Lv11'qGk- P/1101/C/C/R2012 08.27.13 Page 4 TOWN OF G TREAM, FLORIDA By: MayoF - t/-� MARTIN E. O'BOYLE ak COP51' Town of Gulf Scream Address• PART 1. APPLICATION REQUIREMENTS To be completed by Town Staffduring pm•applfeation conference. A. Reviow and Approval Processes 0 1. N. Ocean Overlay Permit 0 2. Land Clearing Pemrft 0 3. Annexation Review D 4. Comprehensive Plan Text Amendment Review U 5. Demolilion Permit 0 6. Future Land Use Map Change Review 0 7. Administrative Appeal 0 8. Zoning code Text Amendment Review 0. ApplicationMaleriafs ❑ 9. Sign Review 0 10. Site Plan Review, Level III 0 11, Site Plan Revision 0 12. Spedal Exception Review 0 13. Subdivision Review U 14. Variance Review 0 15. Rezoning Review 0 16, (Other)_ NUMBER OF CbPIES REQUIRED ' APPLICATION MATERIAL �1104 1 1; CompleledDevelopmenlAppdcation 2, Fee of + + - 17 3. General Location Map (on site plan 17 4. Silo Plan (2 full slie, 15 reduced to 13x 17') 17 5. Budding Elevations 2 fun size, 15 reduced') 17 6. Floor Plans (2 full size; 15 reduced') 17 7. Roof Pians (2 full size, 15 reduced') 0. Perspectivo andfor Color rendering (Recommended for meeting) 1 9, Drainage Pian (if altered) 17 10. Landscape Plan (2 full size, 15 reduced') 11. SepliCTank Permd 12. DOT Driveway Permi((ff on A1A, for any alterations to drive) 13. DOT Landscape Permit (AiA) 17 • 14. Survey (I V x 17') 15. Subdivision Plat 16. Concurrency Documents 1 17. Proof of Ownersiifi (warranty deed) 1 18. Agent Affidavit 1 19. List of Adjacent Pro edy Owners Envelopes 20. Properly owners within 257300' (stamped addressed envelopes, no relurn address 1 21. PropprlyOwners Affidavit I Set 22. Photos of Existing Home (ff applicable) 11 1E. 23. Construction TrafficManagement Plan 24. 'MOTE; Where multiple copies of a drawing aie required, two copies shall be an original full size (24" x 36") drawing which Is -signed and sealed. All other copies shall be reduced to 11" x 17". Please refer to the instruction for more detailed information. Appri allonforDavelrrnrenlApproval FormADA.32000 Pace1 November 2001 Tovm of Gulf Scream TOWN OF GULF STREAM APP LI� GAY Tf�FORDEVELOPMENTAPPROVAL This form is to be used for ail development review applications to be heard by the Town of Gulf Stream .Architectural Review and Planning Board, Board ofAdj slment, and/or Town Commission. To complete the form properly, please review the accompanying Tovrn of Gblf Stream Instruction Manual for Application for Devalopment Review Form. Failure to cbmplete this form property volt delay [Is consideration. ARP8 File # PART II. GENERAL INFORMATION To be compleledbyaffapplfcants. A. Project information [Ai. ProjecitbvmerNarnw MAkEN WVYLE I.A2. Project Address: V)I F?INS5 IA3. Project property Legal Description:(j�t r b1N& T07tt . Pi T �S fl12 Its Pc�T*W �o�t t t�1 !)6"l: FaM6 0 Facm WWQV jUNty t l=t otz icy, I,A.4. Project Des #tion (descrbe le de W, Including# otstories, etc.) �STI�Ts NS { +FTU `-t)"tk Pi WtrQ NEW NTgN i l2f5ti LAGHT5 . I.A.5. Square Footage of New,truotureorAddillon:ILA!�A.%%—UNi%mDtTlA;+tAa. kchitecturalStyle: _'AANI t•( REDI-19A 01VAL 1AG. Check ail that apply: YArchitecturallSitePlan Review 0 Land Clearing a•NorthO ul rd Overlay (complete sect! 8),XDemolitlon of Structures 0 Non-residential u (CompleteseGiDn G) Speclal Exception (completeseclionla 1A7. (a) Proposed F.F.E: Aln_({f) N&+ .1-98 Type of Foundallon: &jP,%C(!iQ WWI I B. Owner Information LB -1. OwnerAddress: MKR,TIR b`t30Ylr 1.8.2. Owner Phone Number. = • 713 � �c� , 3�p. bgp-J 12.3. Owner Signature: C. Agent Information t�t�YfF,E � IAPN � I.C.I. Agent Name and Pine Name: �Ul�tILLIAM I.C.2 Agent Address: I'M W- ryW* %Mb9. J,GpCN llE�Zi2%r�rt1 t2�c"nSJ l'i2 I.C,3. Agent Phone Number. {o�SR �5�a-u (A•7 X17 Fax Tt' �t9v b�D� 1.CA. AgentSignalure: MCIS n Pre App Dale: ARPB Date: App Dale: Recommendation: Com Date: TC Date: Decision: Application for Development Approval Form ADA20DD revised 6113100 Page 2 Town of GullSiream PART III, PROJECT DESCRIPTfON ANP JUSTIFICATION To be completed by aN epplfcanls after pra-applaifon confemnce trlh brie, Attach additional sheets only whan necessary and be Torun Staff be concise but Staff Please aasese appropriate and complete quv*Anumber for each response. sure to include the A Project Description and Justification IIIA -i. In vrhal zoning district is the project site located? NORTH Sour�t IIIA2. Is the Project compatible tvilhthe intent oflhezonIngdishtct?VYes ❑.No Explain. W ADDU ON R,t?rnit6 .t -rte (r tKo;� KMJ51N Ugt� ft—+-��T�ecqt� r -t G•�rrt�Wb 1fVttLKt{L IILA3. Is the project consistent %Tlh the Future Land Use Map and dggoal;, objectives and policies of the Comprehensive Plan? ❑ Yes ❑ No Explain. IT { 5 EMT. III,A.4. [loco are Ingress and egress Io the property, to be provided? NUC� IIIA5. Now are the fopovrfng utBtoes io be rovided to the property? a. Stommater Drainsoe-1 f (} F b. Sanitary Sewer p N C, Potable Water NUS d. Irrigation Water _ Ftp ck k (4 '- e: Elecidcity mr) /*Uflmh; " -- g. Gas h. Cab IIIA6. If the project Involves the erection of ate ormore structures, please describe how the structures are consistent Win the criteria In Sedlon 66-144 of the Town of Gulfstream Code. (Attach additional sheetif necessary.) Vi Ab>atltuN ist}t�> 7 t ttCS S�THf�VlGDll jt MAW$ 1S 11+ brYtPl�ttt�Lt WIN tFl Pi2> n>0. FIt�Gfbtt2A{ $CyL 0 HL ;CA2.1tPi DfyflZlGf �1V t COYvt �i wiv, j4DJt+..G Pt2oP Ti�S. PART IV. ADDITIONAL INFORMATION Section A is to be completed by all apptcarnts afler pre-spp,4calkn conference with Tam staff. Answering "Yes" (o anyqueSAoa in Section A requires the completion of addNonaf Sections as indluated. A. AdditfonalApprovals/Requirements IVA1. Does the project I volve land area vinht tl([y feet (59) of the AIA (North Ocean Boulevard) right -of. way? ❑Yes No (ifYes", section B ofthis part must be completed.) IV.A.2. Does the project involve the demolition of one or more structures?Yes ❑ No (If `Yes", section C of this part must be completed.) IVA3. Does the project involve the clearing or filling of any portion of an exi1 vacant lot or more than fiftyPercent (50%)oithe landscapedareaofadevelapadlot? ❑Yes No (If `Yes", sectlon D of this part must be completed.) IVA.S.D the project require approval of a Sp8 dal Exception? KYes ❑ No (If "Yes°,section E of Oris part must be completed.) 1VA6. Is e project atvadancewilh any regulations contained in the Zoning Code? Yos ❑ No (If"Yes°, section G of gris part must be cample(ed.) AppQcailon for Development Approval FormADA.32o00 Page 3 Town of Gulf Stream B. Projects Requiring North Ocean Boulavard Overlay Permit W.B.I. What significant landscape features or architectural features are to be disturbed or added and to what extent? IV.8.2, Describe the need and jusUlcallon for Ilia dislurbanceladdillon: I11.13.3. Will the dislurbanceladdilion destroy of seriously impair visual relationships among buildings, landscape features and open space, or introduce incompalble landscape features or plant material that destroys or impairs stgnticanl views or vistas within the North Ocean Boulevard Overlay District? Yes No IV.13.4. How is the design consistent vnlh the A1A Landscape Enhancement Project? IV.8.5. What.mitigation Is proposed so that the dislurbanceladdiilon has the least impart possible to the visual and aosthetic quality of the North Ocean Boulevard Overlay District:, 'C. Projects Requiring a•Demolition Permit' IV.C.1. VAIen are the existing structures to be demolished? WMER VE 11 16 WA INEA IV.C.2. When are the proposed,slructures to be constructed? NEW PERMIT IS WTO I*+ b IV.C.3. What is the landmark status of the structures to be demolished? T ib�� D. Projects Requiring a Land Clearing Permit 1V.D.t. Describe th6se vegetative materials bill inches in diameter and greater to be North Ocean Boulevard Overlay District: IV.D.2. Describe the need and justification for the removallreloeallon: IV.D.3, 'How Is the removal from the projecl site of vegetation to be miligeled: IVDA, Hovr are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and constriction activities and thereafter? IV.D.5. What replacement materials are proposed? Applicalion for Development Approval, Form ADA.32000 Page 4 February 2002 VC VC E Projecis Requiring aSpocia! Exception. j S IV'E'i• N tira proposed use a . PennHtedspecialexceptwnuse? IV.E 2, Hour 1s the use Yes ❑ No Code Secti':IL welrare designed, to be located and proposed operated so that the and rrwraiswg be Protected? Public health, safety, dN Pr5GTEp �EsiH�7 OIGN iV,E 3. Ntdl p1B use cause substantial injury be located? p Yes to the value of ocher property in the n No e{ghharhood where itis to Explain, ���(ir�j f}IWF ____ N4NC PP p�2N N.E,d. Now vii the use be compare vdih aotn ng development is io be Iota;ed7 and the aracler of the District where Il 16N U � Nth gra PRGPRrrES,�L 76 NE�IRg_ N,E.5. Witel lendscoPing and screen ng areroWded? p Nn1ApPLIC��,l�• - ND Does the use co„rte �y located? ❑Yes No Jl apprrcable regwallons rhe governing District whereiln it Is to be pian. V�(2 zL f����iHr o� t`fFcJ r rXaW-,Fw LAY aWRM5 Tri 1�{QLArroN, -T SN IDID tcDI} C�bN�1lC1`InlCxWr AVbI b {�1; F, Non•Residential Projr?cts and Residential Projects or Greater than 2 Units r �r�f r L �RK116E. IV•F'1, it conanon area factliges are to be provkted, describe them and havi they are lobe maint4ed. IV.F.2. If recreation kdUes Bra to be provided, descaD them and [heir potential Impacts on surrounding • properties, W.F.S. ForeSpacesrefo[awng, Spaces: s; Us( the numns berprovidedandtheirdlmenslo, Standard Pa -{ting Spaces: Small Car Parking Spaces: Handicapped Parking Spaces: DrlmwiayslAlsles: Application for Development Approval Form ADA32wo Page 5 " �� E" Projects Re ����~-1--^"` g a Special Exception" ' N,E.1. �%s Ute Proposed use a ^ Permillsd special ezceplion use? ��yeS Q' No Code Section; f IV" E2, Hmv Is the used - l t vrelfare and estgned, located and propOSed to he operated so morals wil be protected? that the t  NONE Public health, safely, /WE FF t 8L)T INNANGE5 ��STt�� fG5 f��rN N" E" 3" Wdl the use cause su6stanyal injury to the value oto be (oryted7 Q'yes o Uter property in the ne��hborhood vrhere it Is to EtPlakt. ITVJILL All tbUti NHA Crrp AMARAMOr H p BUf C DtN N.E.4. How " ' WITF! N j��a��(t��DRt f 1nU the use be m ��4 is fo be located? mpalUrle vdih adjoining development and the character of the District where It IMS wiLL (,f.ONt ��OIZ I OF W NEW PNtPAN flu WHI 5 IMILA" t2 ME5" P are Whatiamdscapingand screentn rovided? kkt��. g ����ANr'r TD Atsb j Ea15 t2 9EMAI 0p f��1it��C�� P,rs�� 7b N.E,O. Does the use eon��fo vrilh ail apAGcabie regblal(ons governing Ute District vrherein lcIt Is to 6e ea[ed? Q'Yes ��lryo Explain, TCJe 4. qD 1 Pr nmco ra! fir, " "++" ����' VN��,1`fJ��Mr '7U` Pr" nN��ri r rr����rr . G a eg-rHOQt`it t ��vtL tt `j f1C.f u t5 PbAD fft��V-�� U7 Cl -f NE��'U F. Non Residential projects and Residential protects of Greater than 2 Units IfX��I'I DNIS, 1V -F-1- if common area tacigUes are to be provided, descr6e Thom and hour they are to be maintained. N.F,2. If recreation facilities are to be provided, descn'be them and their potential impacts on surrounding properties.. N,F.3. Far each follwring, Loading Spaces:ces: list the number provided and their dimensions. Standard parking Spzces: Small CarParlting Spaces; Handicapped Parking Spaoes; Ddveways/Alslea: Application for Development Approval FormADA,32000 --'�� Pogo 5 ' Totvn'of Gulf Stream A91 ANi E — ZNI�' G. Projects Requiring a Variance (code Sectibn 66-150 through 157) W.G.I. From what specific Zoning Code regulation is a variance requested?_3 a - IDD IF EttUf 15 2.N'� �'` bl2 Lowtc, yr wouzD PHV5i6Awl LIDNFLICT WITH EX(6TiN6 RppFT&65 IV.G.2. What does the Zoning Code require for this specific site? THE PROPOSED ENTKAWf REAMI'S MTNN�rt�30 N16HT AWMAM4,7t�urTrf� 'l'{tVE' gblAbp fy `' i17% Tb Lit7MPLy. IV.G.3. What Is proposed? fAVE -PE16 iV.GA. What is the total variance requested? IV.G.5. The following a mandatory variance findings from Section 66-i5y, rnusr oe addressed.—fAtlach additional sheet If necessary.) (1) What specific conditions and circumstances exist which are peculiar to the land, slructure,.or building Involved and which are not applibable to other lands, slructdres, or qulldings in the same zoning district? x15 I -A 8WL4 t ED—OF LINE BVILT UNDE MY05 CODS. (2) Did the special conditions and efreumstances result from the actions of the applicant? Yes .) (3) Will granting the variance confer upon the appfIganlzny special privilege brat Isder}4ed by the Zoning - Cade to -other lands, buildings, or structures In the same zoning disI lot? Yes, es No Explain: 2F Hnr,41- -r ODNWu �Ttbf 1 bF i—An HprYtl� IS UNIM. (4) Hovt would a Hleral Interpretation Ate provisions of the Zoning Ordinance deprive the appl'iccant of rights commonly enjoyed by other properties in the same zoning district under the same terms of Hie ordinance and work unnecessary and undue hardship on the applicant? THIS HOOT �F5trig K RNME t!SO tT CANT 6E AIMTNI:TICAI LL IrMPANC!eD Wirf 4 f PROEN6 PDTMIAL L A'K*f ARb RK N6 THE Afpl Al2 de 0� IM 1lau . (5) fa the Variance requ&stad ire minimum variance that makes possible the reasonable use of the land, building or stmc(urc No Explain:Ni[ t IAMVA1Z1 fai_C 'f b Si4AN%8 (Hi< {k MMi; �b W1i F2E kt442 q `tb-ttm NE(EzH&l gwp (6) NN granting the variance permit any-prohibiled use to be established or re-established: Yes & V) Is the requestgd variance consistent v4 oals, policies, and objectives of the future Land Use Mapnsive of the adopted CompreheFian1 Yos No (8) Will the variance be in harmony with the general intent and purpose of the Zoning ce and not be Injurious to the area Involved or othwAso dolrimentai loJhe pubfic welfare? Yes No Explain:_ f (1rf�l�lANC 7 APPEN1 1489Cr _ AND I� _rte TN ly , �lN N��1 P, ROP�►_4ty NIAIA S. -Application for Development Approval, Form ADA.32000 Page 6 February 2002 TWArCifGulfStream YWNN65 S"r 6W G. Projects Requiring a Variance (code Sectibn 66-150 through 157) IV.G.1. From what spectfic Zoning Code regulation is a variance requested? cy' 14 TrenY, IV.G.2. What does the Zoning Code require for this spectfic site? ��W %_16ACK. -- ZO toy" 'WFEt'T1U " Wr LINE. Tit r'EFFE"CINE" LOT blif +W6 C HANt` Eb REN TAW6HHpUek AND (ROAE, , WE 786 6AM IV.G.3. What Is proposed? _.7 + RVEROK 51 OF T1415 A16 E. IV.GA. What is the total variance requested?.MAWS V ENGZ(NM W V4111i 'V IV.G.5. The folloMrig 9 mandalory variance findings from Seclion 66-154, must be addressed: Attach additional sheet if necessary.) (1) What specific condilions and circumstances exist which are peculiar to the land, struclure..or building involved and which are not applicable to other lands, structdres, or bulktings lit the same zoning district? TI-IFMDE+(A5 CRAN66> A14b A NONMFflRMity w�5 (2) Did the special condilicns and circumstances rasWI from the actions of the applicant? Yes No (3) Will granting The variance confer upon the appiicanlzny special privilegelhat is de by the Zoning - Code to -other lands, buildings, or sirpetures in the same zoning district? Yes ��hlo� Explain: RFN ! 1a& 1� 1.AN6l AfxE WAS NA)D AW, �D 5 �Iytl AM 0"D• Wow)16 KDM 6pNFD12f►r 0a. (4) Hovf would a literal interpretation of the provisions of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the same terms of Nie drdfnance and work unnecessary and undue hardship on the applicant? 7+4E PM501- r�r�CK is �a� T u s23)�� UGD cots, M NEW M51 DR MEAW)M 5►T OM K. A511' 8"4 EVEN TFt!)M NDTH1Nc EM P1W51cNu_JV CNAN&lb (5) is the Variance requestydilie minimum variance that makes possible the reasonable use of the land, builditigorstructure? � No n Explain: URDE-9 0M) QDE� >r iVGC LOT WNE;V6 Q-AjUg WOULD MW -Q� �60M5 MINIM, WRON ME 15 Aff ft. AD +/- FW PflVWNT, (6) Will granting the variance permit any-prohibiled use lobe established or re-established: Yes 6D (7) Is the requested variance consistent w� goals, policies, and objectives of the future Land Use Aap of the adopted Comprehensive Plan? l&'y" No (0) Will the variance be in harmony with the general intent and purpose of the Zoning 0 nce and not be Injurious to the area Involved or otherwise detrimental lo.lhe pubficwelfare? Ve No Explain: rr WILL ENF AWE 609689AN& AHt 1E WATIM M-19 VE NE1 141 0ftob. -Application for Development Approval, Form ADA -32000 Page 6 February 2002 TWgi5 15 AN tXISTIN6 ATRIUM TI-iAt EXTEI\tb5 FMM THE MNI-WEUST r; NDUS � �NAt W11 U R,� �, twav�� AND K MtAcI:D M AN "Na ttvafNr ONLY 1 ` 'FADM TW FgDN-t fA(I c)f- H. Projects Requiring Rezoning 1V.H"' What is the Future Land Use designation -of the project site? IV.H,2. "the proJact involves a rezantn ComprehensiNe Plan fal g' Toning God'e text change Future Land Use a 1usUticapon(or the requax, change, w any Combinati0n thereof, please describe eneed nd PART V. OPTIONAL INFORMATION This entire Part Is optional for aU eppNcants. Applicants are encouraged, but not squired, to proviUe any addilional reiavanf fnfomtallon regard49 the pfoct that was not covered eketvh of a firs form rov arra of the othermaterfatssubmlffed vriththe spplimllon. Application for Development Approval Form ADA.2000 revised 070!00 Page 7 ewhoe DEVELOPMENT APPROVAL SET 1-15-2013 D =;ask Iz p —^ _ ' s u D O n z 99g2-gpc$�E tri R,) m T oma ?� m z _ z___a_':.:_: - = C C� ci ggE7z�d: $}�g3r� dl 5 C m TT Rs A 7� (m� u i/i]/ia ti rar.co M ............_., x .<.n., .n�<.tcn ��.. .[. •..t.. c .0 �.co..,, ,..-[-..x. tr �...w._+.a a•.r .0 :e w. n.,+nr.. r..n r.t ..n�[, «nnr .< a_.< s..�i. +.ar. .rc, ic<r. r.... �s r. .rn[t. DEVELOPMENT APPROVAL SET 1-15-2013 N vZi _ - in 0 Qaap3s�nzfii D O n p p5p5J$�8g�~13T�2'n � zy m Z m" . • �� 2 Li � C � tE�m:�e��aR��y � 08 � m _�]_• gs rn C p � _ DEVELOPMENT APPROVAL SET wl532 ' G D }\ \ \(' ; )w g| \ / ƒ§ ` maw _ o g ) ( \ m ,I , . ' G j0 _ \ > o \ _2 A� m X z d0 m m m r 0 z V DEVELOPMENT APPROVAL SET1/15/2013 �z9-;- �??a38�3E^ y E= i m � e z��_ {y�@�z� D d"85 fie3RLyf E F A xxx}q�x �> n D o n y T xi.x i Xrg3 ..a o ti C D x° °s � z m V1 1/i3/]d13•II�I:U rru `� n � s,u,rY..�..,a ,r,ti.[. �i .v.. .y, r...�, . [ rc.t..[c..n. r..if..w. (.>...:r+.• .t .du vtl .t rus [C...[•r. airnvi �-[ ..�.[. n♦.[.r .. n.ry .N•adi .,, v+ vr..rtt.i n.,, �, r.yyi�(c. LM -11 8C ,o 4 2 DEVELOPMENT APPROVAL SET 1-15-2013 HI. ofill. gAb spa €' 4 BC 2 66) * C UI U ] L O T B e8 s I�3 E3r� 1 0 I4 i o a nl c I Q) I =� ISI � I --- ; -- -----_ -- — — I to L OI T � 3 LOT 2 --- C O i 1 HtOD£N HARBOUR PLAT TfVO .p ----i - LAT BOOK 775�PAG£S 77 j 7.74) w«z I—i—— — — — — —— � I Aix ga 4 12 4 VHS 4-: � uaag s h�tk�� q t� No AkE�a� 4 �EaS C h L�., a a s 5617370188 Fax 02:15:19 p.m. 07-26-2013 2122 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (Agreement) is entered into, by and between the parties listed on Exhibit A in the column titled "PARTIES" (hereinafter collectively referred to as "Plaintiffs") and the Town of Gulf Stream, a municipal corporation of the State of Florida, whose address is 100 Sea Road, Gulf Stream, Florida 33483 (the "Town") and is executed by the Town and the Plaintiffs this 26 day of July, 2013 (the "Effective Date). The Town and the Plaintiffs shall be collectively known as the "parties" WHEREAS, it is the desire of the parties to this Agreement to resolve all disputes, appeals and pending litigation relating to the cases referenced in the column titled "CASES" on Exhibit "A" attached hereto (the "Cases"); and WHEREAS, on behalf of the Plaintiffs, Martin E. O'Boyle (O'Boyle) presented to the Town Commission a proposal to settle the "Cases"; and WHEREAS, the Town Commission has reviewed the proposal for settlement and wishes to settle the Cases and to resolve other matters as set forth herein on the terms set forth herein; and WHEREAS, it is the intention of the Plaintiffs and the Town to be bound to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein expressed, and for the other good and valuable consideration the receipt and sufficiency of which is acknowledged and confirmed, the parties, intending to be legally bound, hereby agree as follows: 5617370188 Fax 02:15:31 p.m. 07-26-2013 3/22 1. The Town recognizes that the Plaintiff O'Boyle believes that the Town did not apply a correct interpretation of its Code of Ordinances (the Code) as it pertains to 23 North Hidden Harbour Drive, Gulf Stream, Florida (hereinafter the "Property') and the improvements on the Property (hereinafter the "Improvements"). In particular, Plaintiff, O'Boyle argues that the Town did not correctly apply its Code with respect to his request for Development Approval for, inter alis, a Level 3 ArchiiecturaUSite Plan (the Application) and such other permissions, approvals, Interpretations, clarifications and authorizations relating to the Property (the "Approvals") to demolish and construct the Improvements upon the Property as contemplated.. The -lee.n 11 rmprvjeme"4 2. The Town recognizes that its interpretation of the Code, including, without limitation, the current setback regulations established therein may not enable the Plaintiff O'Boyle, or a subsequent purchaser to rebuild or renovate the Improvements, including, without limitation, the home; or enable O'Boyle or a subsequent purchaser to demolish the Improvements, Including, without limitation, the home and construct Improvements, including, without limitation, a new home. Accordingly, in order to resolve the Cases between the Plaintiffs and the Town, the Town agrees that the lot coverage, floor area ratio, height, and setback of, inter alfa, the home's entry feature shall be permitted in accordance with the plans submitted with the Application (the "Plans") (which Pians 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 �S usep n, `the �e#t1e►MetiI �c�rnenl� Sha11 X15u irvc ,��+e-FAvae- i pciwPrv,etifis be CbtiSitvLtPO 6, `kra Prapia'ty . 2 5617370188 Fax 02:15:43 p.m. 07-26-2013 4/22 to permit, inter glia, 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 Plaintiff's or subsequent owner's demolition, rebuilding or renovation of the Improvements, including, without limitation, the existing home, or the construction of Improvements, including, without limitation, a new home. The Development Agreement shall be substantially in the form provided for in Section 163.3220, Isla. 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 i41 5617370188 Fax 02:15:55 p.m. 07-26-2013 5/22 the Property as set forth in the Application; and such other terms which are customary for Development Agreements in the Town for similar type Properties and improvements contemplated under the Application. The Town agrees to execute the Development Agreement as soon as practicable within Florida Statutes, but in no event later that 60 days from the date of this Agreement. 4. The Town agrees to waive any fees the Plaintiff might normally incur which are associated with the Development Agreement, the Application, the Approvals and any fines or assessments resulting from any violations existing at the Property, including, without limitation, the alleged violations set forth on the attached Exhibit B. 5. Intentionally Deleted. 6. Upon the execution of this Agreement by the Plaintiffs, the Town agrees to pay O'Boyle $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 Applicatlon and to promptly provide O'Boyle with such Approvals as necessary. 8. Upon the execution of this Agreement, the Plaintiff's shall dismiss with prejudice the Cases. 9. Upon execution of the Agreement, O'Boyle shall promptly (a) remove all signs from the Property other than approved address signs, and (b) within twenty days 4 5617370188 Fax 02:16:07 p.m. 07-26-2013 6/22 remove all murals on the exterior of his home and return the color of the paint on the home to the color that existed previously. 10. Plaintiffs agree that upon execution of this Agreement, all pending public record requests made to the Town shall be deemed withdrawn. 11. In the event any of the Plaintiffs or the Town are required to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney fees through the appellate level. 12. RELEASES (A) The Plaintiffs Release of the Town. On the Effective Date, the Plaintiffs shall execute and deliver a general release in favor of the Town, which release is attached as Exhibit "D1" attached hereto (the "Town Release"). (B) The Town's Release of Plaintiffs. On the Effective Date, the Town shall execute and deliver a general release in favor of the Plaintiffs, which release is attached as Exhibit "132" attached hereto (the "Plaintiffs Release"). 13 Representations and Warranties of the Plaintiffs. Each of the Plaintiffs represents and warrants to the Town as follows: 5 5617370188 Fax 02:16:16 p.m. 07-26-2013 7/22 (a) that the representing Plaintiff has not sold, assigned, transferred or otherwise disposed of any claims that any of the Plaintiffs had against the Town before the Effective Date; (b) that the Plaintiffs each represent that they have the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement as they apply to such Plaintiff, and (c) this Agreement has been duly and validly executed and delivered by the Plaintiffs and constitutes a legal, valid and binding obligation, enforceable against the Plaintiffs in accordance with its terms. 14.. Rep resentations 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; C 5617370188 Fax 02:16:25 p.m. 07-26-2013 8122 (b) that the Town has the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement; and (c) this Agreement has been duly and validly executed and delivered by the Town and constitutes a legal, valid and binding obligation, enforceable against the Town in accordance with its terms. 15. Covenant Not to Sue. (a) Each of the Plaintiffs covenant and agree not to institute any litigation or arbitration against the Town for any matter or thing which is within the scope of the Town (release, as attached as D1. (b) The Town covenants and agrees not to institute any litigation or arbitration against any or all of the Plaintiffs for any matter or thing which is within the scope of the Plaintiffs Release, as attached as D2. 16. Continuation and Survivabilily of Representations Warranties and Covenants. The representations, warranties and covenants contained in this 7 5617370188 Fax 02:16:34 p.m. 07-26-2013 9/22 Agreement shall survive the consummation of the transactions provided for in this Agreement 17. indemnification. The Plaintiffs, jointly and severally, agree to defend, indemnify and hold the Town harmless from and against and in respect of any and all claims, suits, losses, liabilities, taxes, damages, deficiencies and expenses (including reasonable attomeys' 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 attomeys' 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. N 5617370188 Fax 02:16:45 p.m. 07-26-2013 10/22 19. Notice of Default. No default shall have occurred under this Agreement until the defaulfang party shall have been given 10 -days written notice to cure. if the cure is such that is will reasonably take longer than 10 -days and the defaulting party is pursuing the cure with diligence, then time within which to cure any such default shall be extended for such period as may be necessary to complete the curing of the default, providing that diligence and continuity are being used. 20. No Third Party Beneficiaries. This Agreement shall not create rights in any third -party beneficiary nor confer any benefit upon or enforceable rights hereunder upon anyone other than the parties and the "Releasees" in the Plaintiffs Release and/or the Town Release. 21. Further Cooperation. The Plaintiffs and the Town agree, at any time and from time to time after the date hereof, upon reasonable request, to perform, execute, acknowledge and deliver all such further documents as may be reasonably necessary or appropriate to carry out the provisions and intent of this Agreement and any document, Instrument, or agreement contemplated thereby. 22. S ecific 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 in 5617370188 Fax 02;16; 57 p.m. 07-26-2013 11 /22 parties therefore, agree and consent that the remedy of specific performance should be granted in any proceeding which may be brought to enforce any party's obligations under this Agreement without the necessity of proof that such party's remedy at law is inadequate. Such equitable relief shall not be the aggrieved party's sole remedy but shall be in addition to all other remedies available in law or equity. 23. Voluntary Execution of Agreement Each of the parties affirms that they are represented by counsel in this matter, that they have read and fully understand all of the terms of this Agreement, and that they are entering into this Agreement voluntarily without having been threatened, coerced or intimidated into the signing of this Agreement. It is further agreed that no provision of this Agreement shall be construed presumptively against any party hereto. 24. Headings. The headings and sub -headings contained In the titles of this Agreement are for convenience only and shall not be interpreted to limit or alter any of the provisions of this Agreement. 25. Governing Law. This Agreement shall be deemed to have been made, executed, and delivered in the State of Florida and shall be construed in accordance with the laws of the State of Florida. 10 5617370188 Fax 02:17:07 p.m. 07-26-2013 12122 26. Successors and Assi ns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. No party hereto may assign its rights or delegate its obligations under this Agreement without the express prior written consent of the other parties hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, other than the parties and their respective heirs, successors and assigns, any remedy or claim under or by reason of this Agreement or any terms, covenants or conditions hereof. All the terms, covenants, conditions, promises and agreements contained in this Agreement shall be for the sole and exclusive benefit of the parties and their respective heirs, successors and assigns. 27. Notices. All notices, requests and demands to or upon the parties hereto shall be in writing and shall be deemed to have been duty 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 fallowing addresses (or to such other address as any party may designate by notice in accordance with this Section): 11 5617370188 Fax 02:17:19 p.m. 07-26-2013 13/22 it—O., the Town." Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Cleric Facsimile: 561-737-0188 UVith_a .copy fo Jones Foster Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 John C. Randolph, Esquire Facsimile: 561-650-0465 if to any of the Plaintiffs: Martin E. O'Boyle Commerce Group, Inc. 1280 West NewportCenter Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 With a copy to: William F. Ring, Jr., Esquire Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 28. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs or photocopies of this Agreement with all signatures reproduced shall be considered, for all purposes, as if it were an executed original counterpart of this Agreement. 12 5617370188 Fax 02:17:29 p.m. 07-26-2013 14122 29. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters covered and the transactions contemplated hereby. No modification or waiver of any provision of this Agreement shall in any event be effective unless the same shall be in writing and signed by the party to be charged, and then such waiver or consent shall be effective only as stated in writing. 30. Severability. If any term, covenant or condition of this Agreement or the application thereof shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition other than those which are held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforced to the fullest extent permitted by law. 31. Upon execution of the Settlement Agreement, the Town agrees to dismiss with prejudice the asserted violations as set forth on Exhibit B. 32. Time is of the Essence. The dates and times for performance of all of the obligations hereunder shall be deemed of the essence of this Agreement. 33. Legal Action. In the event of any action taken by any party, including, Without limitation, an appeal of this Agreement or any related applications or 13 5617370188 Fax 02:17:39 p.m. 07-26-2013 agreements, or any part thereof, O'Boyle and the Town agree that they shall each use their best efforts to vigorously defend any such actions. 34. A1221 -0M. The Town recognizes the stress and strife that the O'Boyle family has endured as a result of the Town's conduct. The Town recognizes that the O'Boyle home has a value well in excess of $1,000,000, but is uninsurable against wind because of the non-existence of proper protection, which would have been part of the Improvements installed by O'Boyle had the Town not initially denied the Application. The Town is indebted to O'Boyle for the many deficiencies in connection with the Town code that he has identified since his submission of the Application. The Town Commission believes that O'Boyle's actions will ultimately result in Gulf Stream being a better and friendlier place to live. 35. Reservation of Rights. Notwithstanding language in this Agreement (including the attached Release) O'Boyle reserves all rights and remedies related to any claims which he may have related to the scope and size of Improvements which may be constructed upon the Property, to the extent that the scope andlor size of Improvements are less than the scope and size of the improvements which could have been constructed on the Property on the date when the permits for the existing improvements (including, without limitation, the home on the Property was originally issued, which date was approximately 1981. Notwithstanding the provisions of this Paragraph 35, O'Boyle shall not construct a home (or retrofit the existing home) on the Property so that it is more than two stories. 14 15/22 5617370188 Fax 02:17:52 p.m. 07-26-2013 16/22 36, Building Envelope. The Development Agreement will: (a) include a survey provided by O'Boyle, which survey shall provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of Improvements within the area between intercostal waterway, the private roads and the common property line to the west IN WITNESS WHEREOF, the undersigned have executed this Agreement as of July 26, 2013, TOWN -6 F T EAM c By.- IU7 yor PL gINTJPFS to E. O'Boyle By: `� /L Commerce Group, Inc. Mart' O'Boyle, President By: N984AC Caravan, LLC Man E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member p:Wocs1131471000i3Woaj gr6737.d0= 15 5617370188 Fax 02:18:01 p.m. 07-26-2013 17/22 EXHIBIT "A" CASE NO. 15th Judiclal'Circuit Palm Beach County, Florida PARTIES SUBJECT 502013CA006750XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #332 502013CA008125XXXXMBAH Commerce Group, Inc. vs Town of Gulf Stream PR #000 502013CA008809XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #343 502013CA008701XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #340 502013CA008594XXXXMBAG Airline Highway LLC vs Town of Gulf Stream PR #341 502013CA008452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #336 502013CA008919XXXXMBAD N984AC Caravan LLC vs Town of Gulf Stream PR #351 502013CA01 11 20XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013CA011122 aMMBAI Martin E. O'Boyle vs Town of Gulf Stream PR Signage 502013CA011411XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR #407 50201 3CA01 1416XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #408 502013CA01 1417XXXXM BAD Martin E. O'Boyle vs Town of Gulf Stream PR ## 409 602013CA011421XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #410 502013CA01 1423XXXXM BAD Martin E. O'Boyle vs Town of Gulf Stream PR # 411 502013CAO11424XXXXMBAE Martin E. O'Boyle vs Town of Gulf Stream PR #412 502013CA006388XXXXMBAY Martin E, O'Boyle vs Town of Gulf Stream Certiorari US District Court Southern District of Florida 13 -CIV -80530 Middlebrooks/Brannon Martin E. O'Boyle vs Town of Gulf Stream Injunction Declaratory Jud ment p:Wocsli 3147100D131dociigg1783.docc S617370188 Fax 02:18:14 p.m. 07-26-2013 18/22 . - Exhybs� g Amici 'i73 TOM of Gulf Strew .i 100 Sea Road ' BuIlding Pl2naing and Guff Sttzartt, FL 33483 Zcning Dvirtment 1 NFORCE P14 (561) CODE E 76— 5126 ANT SPEC2ALMAGISTRATE 1? (56�1j 37 0186 TOWN OF GULFSTRBAM, FLORIDA CASK N0: CE 2-13 5-1 STATEMENT OF VIOLATION AND NOTICE OF HEARING -Pursui notice o to section 2-75 of the Town of Gulf Stttiam Cods of Ordinance, the undemigaed he b'y gives natio of ►Inconected violation(,) of the Town of Gulf Stream Cade(s) more rsigneulat' a tribes herein, and requests a PUBLIC MAGISTRATE of the Town,' before the COD>r SORT P CIAL I. Location/AddresswhereviolatIon(s)exist(,): 23 Hidden Ha bom- Drise F 2. Le�alDcscrlption: Lot' 5 Hidden Harbour• Estates 3. Name and address of owncrlperson in charge where violation(} exis1(s • s )- Martin E. 4• Violation of Town Code Seotidn(s) and E111 5: desciption,c.6-46p,any.dg,not listed es5�Se6Ratsapproved colors for Spa e o in s require a Izvel 1 Archil ad to S aide 7 bg 7red sixi s• ted on N sit :ed- This � ndt luted. mean strati • & colors clmges Plait Ravi -.q these (SHB ATTACHBD "EYE7JBITS 01: VIOI-ATION) 5. Date of First Ittsptx'tion: Faxed notide on. 5-1-13. Refused to accept hand delivered ita to 5 1-13 6. Date owner fisststotifnedofviolaflou(s): Accepted notice at TC9h Rail on 5-$- 31 Was given Za %=a 7. Date ordby, Which violations are to be corrected: in the. rtot ice he r which was refused but:. 3, 2013 *k*MA•MiM,1*�**********+**** � n�rnoRTArrrrroTiCE**M*}*•*•*+��******�k,�** . sent: Unlms file violator corrects the violations) described heroin by the date set forth ab CONTACTS THE UNDHRSIGNBD CODE INSPECTOR AT 561 -276 -it � COMPLYANCE with the Town Code(s) I AND cited herein, NOTICE IS . '�Y � verify A PUBLIC HBARING WILL BE CONDUCTED for the above refareaced propoliy bsfore the Ta Stream Code Bnforceatent Special Magistrate on 6-4-13 . QuIf as the case can - ba, beard in the Town Hag Co at 2 P H_^oras soon hczea#tei mnttssron Chamber Slream;Florida, located at 100 Sea a�, Gulf YOU ARBj REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATH at Townanswer GulfS as that you have violated the shrive cited sections Cade 1 . tb •of the of Orajirian Cream IR YOUPAIL TO ATTEND, the Special MnBiatmte may base hislh solely upon presentation by the Town Cade Inspector " °� he findings Wiviaml3:T)trasher, own Manager' Town of Gulf Stream i . r .i 5617370188 Fax 02:18:32 p.m. 07-26-2013 19122 YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR BEF RB �n— a THAT THE PARCEL OF REAL PROPERTY YOU OWNED BY DBS 13O 1N T O NOTICE b4 NO LONGER IN VIOLATION OF FAAT ARE TO A REINSPECTION. TOWN CODES Ti IF TRE VIOLATIONS) IS/ARE NOT CORREC.MDIN THE TnVM S1'ECI CORRECTION, OR IF TIB VIOLATION(S) LS/ARE Cop AND TiiBN REGI CASE ;v1AYBE PRESENTED TO THE SPECIAL MAGISTRATE BVBN IF THE VIO: BEEN CORRECTED PRIOR TO THE SPECIM L MAGISTRATE HEARING',. IFF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAbf, IT CODE $E PRESUME CODE BNFORCENENT SPECIAL MAGISTRATE THAT THE WILL DESCRIBED HEREIN AND OWNED BY YOU CONTINUES.TO `I. OF REAL P BE IN VIOLATION. IF lila Speeial Magistrate finds that you have committed a violation, he/she may order IDs COMPLIANCE with the Code and if. fail to comply with such arder withiimt n the time innon-compliance. 'forth therein, he/she can IMPOSE A FINE OF Tip -To 5250,00 PFRDAY for each viola If the Taw), is successful in prosecuting your case before the Special Magistrate, FIN IMP05ED 8Y TFiE SPECIAL MAGISTRATE SUCH FINES 513ALL CONSTITUTE'A ji ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAII-LJRB.TO PAYS A CAN RESULT 1N FORECLOSURE AND COLLECTION ACTION BY 7115TOWN, rfyou disagtrm with a decision oftho Spccial Magistrate, you may appeal to thb CIRCUIT C PALM BEACH COUNTY within 30.DAYS after the Special Magistrate's Orderis entered. Ifyou wish to have the Special Magistrate RECONSIDER your case for anvreason or if you �^ fine and is now lit complhancc and you wish to request a REDUCTION Rq APPLICATION AND THE APPROPRIATE FIM MUST BE SUBMITTED TO THE T 3U1,F STREAM FOR ANY SUCH REQMTS. ,Ar L REQ MTS FOR BCH 2 MUST BE MLT FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE. If a Person decides to appeal any decision made by the Special Magistrate with respect to cousidcred at subject meeting, they will need a record of the proceedings, ana•foir such p may need to ensure that a verbatim record of the proceadmgs is made, upon which reoo testimony and evidence upon which appeal is to be based. (FS 286.0105). PLEASE -GOVERN YOURSELF ACCORDINGLY. By RitaL Taylor, Town ' rhe Town of Gulf Stream 100 Sea Road Gulf Stream, -FL 33483 .(561)276-5116 FOR T13B BY THE set BE 014 OF was an OF matters se, they 5617370188 Fax 02:18:48 p.m. 07-26-2013 20/22 IWANION Wiring Instructions: Branch Banking and Trust Company 300 Summers Street Charleston WV 25301 Routing # 051503394 Commerce Realty Group Inc Account # 5177704344 Attn: Robert Boder Phone: 304.341-1043 5617370188 Fax 02:18:54 p.m. 07-26-2013 21/22 Exhibit "D1" RELEASE This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given by the Plaintifl"s (collectively the "Releasors'] to the Town of Gulf Stream and its employees and elected and appointed officials (collectively referred to herein as the "Releasees"). In consideration of Ten Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had, has or may have, arising from, related to or in connection with the Cases and the matters contained in this Agreement. Notwithstanding anything herein to the contrary, this Release does not include and specifically excludes all obligations Releasees have to the Releasor under that Settlement Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreement") and arising under all instruments and documents delivered or executed in connection with and in furtherance of the Settlement Agreement. Releasors and their respective agents, attorneys, shareholders, officers, directors, employees, heirs, executors, administrators, personal representatives, successors and assigns are bound by this Release. This Release shall inure to the benefit of each of the Releasees and their respective heirs, executors, administrators, successors and assigns. This Release is governed by and shall be construed in accordance with the laws of the State of Florida. IN VATNESS WHEREOF, the undersigned have executed this Release as ofthe day and date first wdttejQabove. Lo E. O'Boyle By: %Z Commerce Group, Inc. matin E. O'Boyle, President By: N AC Caravan, LLC Martin E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'BoyIe Managing Member 5617370188 Fax 02:19:09 p.m. 07-26-2013 22/22 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'D to the Plainffl?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 from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had, has or may have, arising from, related to or in connection with the Cases and the matters contained in this Agreement. Notwithstanding anything herein to the contrary, this Release does not include and specifically excludes all obligations Releasees have to the Releasor under that Settlement Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreement") and arising under all instruments and documents delivered or executed in connection with and in furtherance of the Settlement Agreement. Releasors and their respective agents, attorneys, shareholders, officers, directors, employees, heirs, executors, administrators, personal representatives, successors and assigns are bound by this Release. This Release shall inure to the benefit of each of the Releasees and their respective heirs, executors, administrators, successors and assigns. This Release is governed by and shall be construed in accordance with the laws of the State of Florida. IN WITNESSYvTMREOF, the undersigned have executed this Release as of the day and date first written ab e. By: ayor .. nwir twllP0dxxN 7�a�:lw T CD i n yO CD t rt H CtirtJ tr ID H �^ O tr ID LD °> n n w ID n O ar ti K U] 2 R.co �CD NGv� v n � C"D a. � L07 2 ¢ H HARBOUR y X 115, PLAT PACES 17 .wi• � � f'1 O m 2 fD 0= ¢: O O CDO `^ O y(D (D (KD Q C q ID QQ• T r/ioRaie eae,ao w E • � 'o..� c ,,rc�� .N��. ,a vc cr,co .. �n c v„w. �. w n 4�0 ,w. n� �«. ona.c. . i..,. i.c .�, r. ,. � o c�..., o _......,�rt,i� ,, n rco..a.�c.. �P •I� �.m ` �3 n 11 O C cw ;n3 A07CF0? mp�m W;: §Ir 2'x_ g Aga w1=> O �C i y an ZZM 0 J Zm Z o z I' O ; a 0 s nagB:=R r 33�o,•,oY° „�;=° r: HIM! 11 Ygo339� FD mooa��m mrf°aon cnc�T`331,, r DSS-• 1 Z C A GD m_Or t; r m3=1 ra r'Ox Z3 a>Ci i CM It— � N OZ Z O m m V N ”" my MM M 0 CA ww m m mm 00 00 Qj c� PERMIT SET 4/07/2017 D z s Z x 'l ��g is as`�43 yam _ mi m� z E€€„F A45 WWI . O Il A I vlq K �73.uf �r I I I 1 I I I I 1 1 K 1 ({71�� 1 ` �3 n 11 O C cw ;n3 A07CF0? mp�m W;: 2'x_ g Aga w1=> 3 S y an ZZM L J Zm Z o t 7= I ! I b�� I �' I I I I III 1 ••1 V I � ••I 1 I I I i I \ 0 1 I. 1 1 1 � I I 1 t ({71�� 1 ` �3 n 11 O C cw ;n3 A07CF0? mp�m W;: 2'x_ g Aga w1=> 3 S y an ZZM L J Zm Z o ` �3 n 11 O C 2'x_ g Aga w1=> Renee Basel From:scottmorgan75@gmail.com Sent:Wednesday, May 9, 2018 12:15 PM To:Joanne O'Connor; Robert Sweetapple; Trey Nazzaro Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:7.26.13 Settlement Agreement Fully Executed.pdf Please see Mr. O’Boyle’s email below. From: Martin E. O’Boyle Sent: Wednesday, May 09, 2018 12:05 PM To: scottmorgan75@gmail.com Cc: William Ring ; rtaylor@gulf-stream.org ; Martin E. O’Boyle Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 1 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite 2 nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle 3 Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 4 5617370188 Fax 02:15:15 p.m. 07-26-2013 1 /22 Town of Gulf Stream Transmission Letter I FAX Cover Sheet To Phone: 11 Fax: T ` 1 ,�&— 6 3-67 REMARKS: Date: July 26, 2013 Number of pages including cover sheet: "n"'o con D -C— 627�) Phone: Fax: -5-Z,1_ -737 --OJ 60' 5617370188 Fax 02:15:19 p.m. 07-26-2013 2/22 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (Agreement) is entered into, by and between the parties listed on Exhibit A in the column titled "PARTIES" (hereinafter collectively referred to as "Plaintiffs") and the Town of Gulf Stream, a municipal corporation of the State of Florida, whose address is 100 Sea Road, Gulf Stream, Florida 33483 (the "Town") and is executed by the Town and the Plaintiffs this 26 day of July, 2013 (the "Effective Date"). The Town and the Plaintiffs shall be collectively known as the "parties" WHEREAS, it is the desire of the parties to this Agreement to resolve all disputes, appeals and pending litigation relating to the cases referenced in the column titled "CASES" on Exhibit "A" attached hereto (the "Cases"); and WHEREAS, on behalf of the Plaintiffs, Martin E. O'Boyle (O'Boyle) presented to the Town Commission a proposal to settle the "Cases"; and WHEREAS, the Town Commission has reviewed the proposal for settlement and wishes to settle the Cases and to resolve other matters as set forth herein on the terms set forth herein; and WHEREAS, it is the intention of the Plaintiffs and the Town to be bound to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein expressed, and for the other good and valuable consideration the receipt and sufficiency of which is acknowledged and confirmed, the parties, intending to be legally bound, hereby agree as follows: 5617370188 Fax 02:15:31 p.m. 07-26-2013 3/22 1. The Town recognizes that the Plaintiff O'Boyle believes that the Town did not apply a correct interpretation of its Code of Ordinances (the Code) as it pertains to 23 North Hidden Harbour Drive, Gulf Stream, Florida (hereinafter the "Property") and the improvements on the Property (hereinafter the "Improvements"). In particular, Plaintiff, O'Boyle argues that the Town did not correctly apply its Code with respect to his request for Development Approval for, inter alia, a Level 3 Architectural/Site Plan (the Application) and such other permissions, approvals, interpretations, clarifications and authorizations relating to the Property (the "Approvals") to demolish and construct the Improvements upon the Property as contemplated. . 2. The Town recognizes that its interpretation of the Code, including, without limitation, the current setback regulations established therein may not enable the Plaintiff O'Boyle, or a subsequent purchaser to rebuild or renovate the Improvements, including, without limitation, the home; or enable O'Boyle or a subsequent purchaser to demolish the Improvements, including, without limitation, the home and construct Improvements, including, without limitation, a new home. Accordingly, in order to resolve the Cases between the Plaintiffs and the Town, the Town agrees that the lot coverage, floor area ratio, height, and setback of, inter alia, the home's entry feature shall be permitted in accordance with the plans submitted with the Application (the "Plans") (which Plans shall be substantially the same as the Plans), which Application and Plans shall be an exhibit to the Development Agreement (the "Development Agreement"). The purpose of the Town's adoption of the Development Agreement is K 5617370188 Fax 02:15:43 p.m. 07-26-2013 4/22 to permit, inter alia, the floor area ratio, height of the home's entry feature, and front setback in accordance with the interpretation advanced by O'Boyle counsel in the argument portion of O'Boyle's Petition for Writ of Certiorari. The Development Agreement will also recognize that the Property's (including its Improvement's) setbacks will not be measured from the point of measurement currently established in the Code; but will be measured in accordance with the actual Property lines for building purposes among other purposes. It is also the purpose of the Development Agreement to facilitate the Plaintiffs or subsequent owner's demolition, rebuilding or renovation of the Improvements, including, without limitation, the existing home, or the construction of Improvements, including, without limitation, a new home. The Development Agreement shall be substantially in the form provided for in Section 163.3220, Fla. Stat. The Development Agreement shall include terms customarily used in the Town (but adapted to reflect the agreements of the parties as contained herein). The Development Agreement, among other things, shall allow the Plaintiff or a subsequent owner to demolish, rebuild or renovate the Improvements, including, without limitation, the home or to construct Improvements, including, without limitation, a new home such that the front setback is not measured as currently established in the Code. 3. Both the Town and O'Boyle agree to act in good faith to promptly enter into the Development Agreement, which Development Agreement shall contain terms consistent with the terms set forth herein as they relate to the Property, including those necessary or appropriate so as to facilitate the construction of the Improvements upon 3 5617370188 Fax 02:15:55 p.m. 07-26-2013 5/22 the Property as set forth in the Application; and such other terms which are customary for Development Agreements in the Town for similar type Properties and improvements contemplated under the Application. The Town agrees to execute the Development Agreement as soon as practicable within Florida Statutes, but in no event later that 60 days from the date of this Agreement. 4. The Town agrees to waive any fees the Plaintiff might normally incur which are associated with the Development Agreement, the Application, the Approvals and any fines or assessments resulting from any violations existing at the Property, including, without limitation, the alleged violations set forth on the attached Exhibit B. 5. Intentionally Deleted. 6. Upon the execution of this Agreement by the Plaintiffs, the Town agrees to pay O'Boyle $180,000.00, in readily available funds by Federal Wire Transfer pursuant to Wire Transfer Instructions as designated by O'Boyle, which wire instructions are attached as Exhibit C. 7. Upon execution of this Agreement, the Town agrees that O'Boyle can proceed to improve the Property in accordance with the Application and to promptly provide O'Boyle with such Approvals as necessary. 8. Upon the execution of this Agreement, the Plaintiffs shall dismiss with prejudice the Cases. 9. Upon execution of the Agreement, O'Boyle shall promptly (a) remove all signs from the Property other than approved address signs, and (b) within twenty days 4 5617370188 Fax 02:16:07 p.m. 07-26-2013 6/22 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 "131" attached hereto (the "Town Release"). (B) The Town's Release of Plaintiffs. On the Effective Date, the Town shall execute and deliver a general release in favor of the Plaintiffs, which release is attached as Exhibit "132" attached hereto (the "Plaintiffs Release"). 13 Representations and Warranties of the Plaintiffs. Each of the Plaintiffs represents and warrants to the Town as follows: 5 5617370188 Fax 02:16:16 p.m. 07-26-2013 7/22 (a) that the representing Plaintiff has not sold, assigned, transferred or otherwise disposed of any claims that any of the Plaintiffs had against the Town before the Effective Date; (b) that the Plaintiffs each represent that they have the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement as they apply to such Plaintiff; and (c) this Agreement has been duly and validly executed and delivered by the Plaintiffs and constitutes a legal, valid and binding obligation, enforceable against the Plaintiffs in accordance with its terms. 14.. Representations and Warranties of Town. The Town represents and warrants to each of the Plaintiffs as follows: (a) that the Town has not sold, assigned, transferred or otherwise disposed of any claims that the Town had, before the Effective Date against all or any of the Plaintiffs; 9 5617370188 Fax 02:16:25 p.m. 07-26-2013 8/22 (b) that the Town has the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement; and (c) this Agreement has been duly and validly executed and delivered by the Town and constitutes a legal, valid and binding obligation, enforceable against the Town in accordance with its terms. 15. Covenant Not to Sue. (a) Each of the Plaintiffs covenant and agree not to institute any litigation or arbitration against the Town for any matter or thing which is within the scope of the Town Release, as attached as D1. (b) The Town covenants and agrees not to institute any litigation or arbitration against any or all of the Plaintiffs for any matter or thing which is within the scope of the Plaintiffs Release, as attached as D2. 16. Continuation and Survivability of Representations .Warranties and Covenants. The representations, warranties and covenants contained in this 7 5617370188 Fax 02:16:34 p.m. 07-26-2013 9/22 Agreement shall survive the consummation of the transactions provided for in this Agreement 17. Indemnification. The Plaintiffs, jointly and severally, agree to defend, indemnify and hold the Town harmless from and against and in respect of any and all claims, suits, losses, liabilities, taxes, damages, deficiencies and expenses (including reasonable attomeys' 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. N 5617370188 Fax 02:16:45 p.m. 07-26-2013 10/22 19. Notice of Default. No default shall have occurred under this Agreement until the defaulting party shall have been given 10 -days written notice to cure. If the cure is such that is will reasonably take longer than 10 -days and the defaulting party is pursuing the cure with diligence, then time within which to cure any such default shall be extended for such period as may be necessary to complete the curing of the default, providing that diligence and continuity are being used. 20. No Third Partv Beneficiaries. This Agreement shall not create rights in any third -party beneficiary nor confer any benefit upon or enforceable rights hereunder upon anyone other than the parties and the "Releasees" in the Plaintiffs Release and/or the Town Release. 21. Further Cooperation. The Plaintiffs and the Town agree, at any time and from time to time after the date hereof, upon reasonable request, to perform, execute, acknowledge and deliver all such further documents as may be reasonably necessary or appropriate to carry out the provisions and intent of this Agreement and any document, instrument, or agreement contemplated thereby. 22. Specific Performance. The parties each acknowledge and agree that any breach or threatened breach of the obligation to consummate the transactions contemplated by this Agreement will cause irreparable injury to the other parties hereto and the remedy at law for any breach of such obligations would be inadequate. The D 5617370188 Fax 02:16:57 p.m. 07-26-2013 11/22 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 parry hereto. 24. Headings. The headings and sub -headings contained in the titles of this Agreement are for convenience only and shall not be interpreted to limit or alter any of the provisions of this Agreement. 25. Governing Law. This Agreement shall be deemed to have been made, executed, and delivered in the State of Florida and shall be construed in accordance with the laws of the State of Florida. 10 5617370188 Fax 02:17:07 p.m. 07-26-2013 12/22 26. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. No party hereto may assign its rights or delegate its obligations under this Agreement without the express prior written consent of the other parties hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, other than the parties and their respective heirs, successors and assigns, any remedy or claim under or by reason of this Agreement or any terms, covenants or conditions hereof. All the terms, covenants, conditions, promises and agreements contained in this Agreement shall be for the sole and exclusive benefit of the parties and their respective heirs, successors and assigns. 27. Notices. All notices, requests and demands to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made: if delivered in person, immediately upon such in person delivery; if by nationally recognized overnight courier service with instructions to deliver the next business day, upon delivery to the receiving party; and if by registered or certified mail, return receipt requested, upon delivery to the receiving 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): IT 5617370188 Fax If to the Town: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Facsimile: 561-737-0188 02:17:19 p.m. 07-26-2013 13/22 Wit_h_a.copy to: Jones Foster Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 John C. Randolph, Esquire Facsimile: 561-650-0465 If to any of the Plaintiffs: Martin E. O'Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 With a copy to: William F. Ring, Jr., Esquire Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 28. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs or photocopies of this Agreement with all signatures reproduced shall be considered, for all purposes, as if it were an executed original counterpart of this Agreement. Iim 5617370188 Fax 02:17:29 p.m. 07-26-2013 14/22 29. Entire Agreement This Agreement contains the entire agreement of the parties with respect to the matters covered and the transactions contemplated hereby. No modification or waiver of any provision of this Agreement shall in any event be effective unless the same shall be in writing and signed by the party to be charged, and then such waiver or consent shall be effective only as stated in writing. 30. Severability. If any term, covenant or condition of this Agreement or the application thereof shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition other than those which are held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforced to the fullest extent permitted by law. 31. Upon execution of the Settlement Agreement, the Town agrees to dismiss with prejudice the asserted violations as set forth on Exhibit B. 32. Time is of the Essence. The dates and times for performance of all of the obligations hereunder shall be deemed of the essence of this Agreement. 33. Legal Action. In the event of any action taken by any party, including, without limitation, an appeal of this Agreement or any related applications or 13 5617370188 Fax 02:17:39 p.m. 07-26-2013 agreements, or any part thereof, O'Boyle and the Town agree that they shall each use their best efforts to vigorously defend any such actions. 34. Apology. The Town recognizes the stress and strife that the O'Boyle family has endured as a result of the Town's conduct. The Town recognizes that the O'Boyle home has a value well in excess of $1,000,000, but is uninsurable against wind because of the non-existence of proper protection, which would have been part of the Improvements installed by O'Boyle had the Town not initially denied the Application. The Town is indebted to O'Boyle for the many deficiencies in connection with the Town code that he has identified since his submission of the Application. The Town Commission believes that O'Boyle's actions will ultimately result in Gulf Stream being a better and friendlier place to live. 35. Reservation of Rights. Notwithstanding language in this Agreement (including the attached Release) O'Boyle reserves all rights and remedies related to any claims which he may have related to the scope and size of Improvements which may be constructed upon the Property, to the extent that the scope and\or 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. Ml 15/22 5617370188 Fax 02:17:52 p.m. 07-26-2013 16/22 36. Building Envelope. The Development Agreement will: (a) include a survey provided by O'Boyle, which survey shall provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of Improvements within the area between intercostal waterway, the private roads and the common property line to the west IN WITNESS WHEREOF, the undersigned have executed this Agreement as of July 26, 2013. TOWN -A bF TEAM By: `� t u M yor 0 E. O'Boyle By: �K 1^, Commerce Group, Inc. Mart' O'Boyle, President By: N984AC Caravan, LLC Male, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member p: Woatl 3147100013Woc11 gt6737.doax 15 5617370188 Fax 02:18:01 p.m. 07-26-2013 17/22 EXHIBIT "A" CASE NO. 15th Judicial Circuit Palm Beach County, Florida PARTIES SUBJECT 502013CA006750XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #332 502013CA008125XXXXMBAH Commerce Group, Inc. vs Town of Gulf Stream PR #000 502013CA008809XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #343 502013CA008701XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #340 502013CA008594XXXXMBAG Airline Highway LLC vs Town of Gulf Stream PR #341 502013CA008452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #336 502013CA008919XXXXMBAD N984AC Caravan LLC vs Town of Gulf Stream PR #351 502013CA011120XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013CA01 1 122XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR Signage 502013CA011411XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR #407 502013CA01 141 6XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #408 502013CA011417XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR # 409 502013CA01 1421 XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #410 502013CA011423XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR # 411 502013CA011424XXXXMBAE Martin E. O'Boyle vs Town of Gulf Stream PR #412 502013CA006388XXXXMBAY Martin E. O'Boyle vs Town of Gulf Stream Certiorari US District Court Southern District of Florida 13 -CIV -80530 Middlebrooks/Brannon Martin E. O'Boyle vs Town of Gulf Stream Injunction Declaratory Judgment p:Wocs1131471000131dodi gq 1763.docc 5617370188 Fax 02:18:14 p.m. 07-26-2013 Exh�b�+ g Artie .,p173 Town of Gulf Stream 100 Sea Road ' Gulf Scram, FL 33483 ' u Buiiding Planaiug and Zoning Deportment P4 (561) 76-5116 CODE ENFORCEMENT SPECIAL MAGISTRATE Fns (s61) ? o1g6 TOWN OF GULF STREAM, FLORIDA CASE N0: CE 2-13 5-1 - STATEMENT OF VIOLATION AND NOTICE OF AEAIUNG Pursuant to section 2-75 of the Town of Gulf Stream Cada otOrdinaacq the undersigned he b'y give notice of uncorrected violations} of the Town of Gulf Stream Cade(s) mon: particular e$cdba herein, and requests a PUBLIC HEARING beore the CODE ENFORCEMEN'P MAGISTRATE of the Town. $CIAI 1. Location/Addresswhemviole0on(s)cdst(a): 23 hidden Harbour Drive 2. Legal'Description: Lat' 5 Iti&an Harbour Estates 3. Name and address of owner(pemon in charge where violations eros s • _ O 4( ). Martirh E. i 4. Violation of Town Code Sectioa(s) and description(s): & Mat pecolloorded a 3a_ Sec. 66-446 prohibits arty sign not li9ted dl ah N sir as be Sec. 70-106(b)(3) lists approved colors for apish g pexndtted. This s*n e Sp Mediterranean strucltb• ndt listed. S colors C. require a Tavel 1 Arch{teetural/Site Plan Review; colors changes is a c6angas. I these (SBS ATTAC[ii®"EXHIBITS OF VIOLATION'j S. Date of First lnspection: '1 • ' Floured notice on 5-1-13. RPtvsed to accept band delivered vo 6. Date ownerfirst notified ofviolatiou(s): � ted notice Ce 5-1-13 ' at t T(xin Hall on 5-8- 31 Was7. Date on/by, which violations are to be corrected: da ttgiei noticaht a zewfi sed Wasbut 13,, 22013 .Y.Y.##.I;F♦Yf..Y#Y#..##...# Via fat. IMPORTANT NOTICE" ......... i sent Unless the violator corrects the violation(s) described heroin by the date set forth ab CONTACTS THE UNDERSIGNED CODE INSPECTOR AND AT 561-276-5116 Cfy OMPLIANCE with the Town Codes) cited herein, NOTICE IS'iIERBy GIVEN THAT A BEARINO WILL BE CONDUCTED for the above referenced pmpdrty boCore the To Stream Cade Eaforcament Special Magistrate on 6-4-13 PUBLIC .df Oulf .4f Pei• at 2 P.M. oras soon as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Sbeam; her Gulf Florida,ii� i. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE at answer allegations that you have violated the above cited sections of the Code of Ord itian ',S Towd of Gulf Stream. IF YOU -PAIL TO ATTEND, the Special Magistrate may base -of the v - solely upon presentation by the Town Cade Inspector findings , WilliumH;T(hmahar, Town Manager' Town of &lf Stream i t 0 18/22 5617370188 Fax 02:18:32 p.m. YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR BI ,-20]3_, THAT THE PARCEL OF REAL PROPERTY OWNED BY DBS ED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES YOU ARE REQUESTING A REINSPECTION. IF TEE VIOLATION(S) ISIARE NOT CORRECTED IN THE TIME CORRECTION, OR IF TIM VIOLATION(S) ISIARE COSPEC RRECTBD AND 1T3ffiV PEC CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIC HAV$ BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING. IF -yo TOWN OF GULF �TREAK IT WILL BE FptSuMl ODE ENFORCE NMHNT SPECIIAL MAGISTRATE THAT THE PARCEL OF REAL J DESCRIBED HEREIN AND OWNED BY YOU CONTINUES To BE IN VIOLATION. If the Special Magistrate £rads that you have committed a violation, he/she may order Ih COMPLIANCE with the Code and if you fail to comply with such order within the tim forth therein, he/she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violatio in non-compliance. If the Town is successful in prosecuting your case before the Special Magistrate, FINES IMPOSED BY THE SPECIAL MAGISTRATE, SUCH FIDS SHALL CONra.e T fE'A ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURB.TO PAY Si 'A CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN, Hyou disagree with a decision of the Special Magistrate, you may appeal to the CIRCUIT C PALM BEACH COUNTY within 30 DAYS after the Special Mag sh'ate's Orderis entered. Ifyou wish to have the Special Magistrate RECONSIDER your case for any reason or if you in fine and is now in compliance and you wish to request a REDUCTION IN APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE T GULF STREAM FOR ANY SUCH REQUESTS. REQUIREMENTS FOR SUCH F MUST BE MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Speci considered at subject meeting, they Magistrate with respect to m they will need a record of the probeedings, and -for such puq may need to ensure that a verbatim record of the proceedings is made, upon which recon) testimony and evidence upon which appeal is to 6e based. (PS 286.0105). PLEASE GOVERN YOURSELF ACCCOORDINGLY. By Rita L. Taylo , Town GlIrk Town of Gulf Stream I00 Sea Road OulfStream,.FL 33483 (561) 276-5116 07-26-2013 'AND THAT FOR THE BY THE set LL BE 3N ON FINES was an OF matters se, they 19/22 5617370188 Fax 02:18:48 p.m. 07-26-2013 20/22 Wiring Instructions: Branch Banking and Trust Company 300 Summers Street Charleston WV 25301 Routing # 051503394 Commerce Realty Group Inc Account # 5177704344 Attn: Robert Boder Phone: 304-341-1043 5617370188 Fax Exhibit "Dl" RELEASE 02:18:54 p.m. 07-26-2013 21 /22 This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given by the Plaintiffs (collectively the "Releasors') to the Town of Gulf Stream and its employees and elected and appointed officials (collectively referred to herein as the "Releasees"). In consideration of Ten Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had, has or may have, arising from, related to or in connection with the Cases and the matters contained in this Agreement. Notwithstanding anything herein to the contrary, this Release does not include and specifically excludes all obligations Releasees have to the Releasor under that Settlement Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreement") and arising under all instruments and documents delivered or executed in connection with and in furtherance of the Settlement Agreement. Releasors and their respective agents, attorneys, shareholders, officers, directors, employees, heirs, executors, administrators, personal representatives, successors and assigns are bound by this Release. This Release shall inure to the benefit of each of the Releasees and their respective heirs, executors, administrators, successors and assigns. This Release is governed by and shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the undersigned have executed this Release as of the day and date first wrItteAabove. Lin E. O'Boyle By: Commerce Group, Inc. E. O'Boyle, President By: ((7 N994AC Caravan, LLC Martin E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member 5617370188 Fax Exhibit "D2" M OMMIM 02:19:09 p.m. 07-26-2013 22/22 This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given by the Town of Gulf Stream on behalf of itself, its employees and its elected and appointed officials (collectively the "Releasors') to the 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 from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had, has or may have, arising from, related to or in connection with the Cases and the matters contained in this Agreement. Notwithstanding anything herein to the contrary, this Release does not include and specifically excludes all obligations Releasees have to the Releasor under that Settlement Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreement') and arising under all instruments and documents delivered or executed in connection with and in furtherance of the Settlement Agreement. Releasors and their respective agents, attorneys, shareholders, officers, directors, employees, heirs, executors, administrators, personal representatives, successors and assigns are bound by this Release. This Release shall inure to the benefit of each of the Releasees and their respective heirs, executors, administrators, successors and assigns. This Release is governed by and shall be construed in accordance with the laws of the State of Florida. If date first 0 undersigned have executed this Release as of the day and Renee Basel From:scottmorgan75@gmail.com Sent:Thursday, May 10, 2018 11:06 AM To:Joanne O'Connor; Robert Sweetapple; Trey Nazzaro Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:05.10.2018 Gulf_Stream_Settlement_Agreement.pdf Please see email below and attached agreement. From: Martin E. O’Boyle Sent: Thursday, May 10, 2018 10:43 AM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org ; William Ring ; Martin E. O’Boyle Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott – in furtherance to the below email to you, as promised, attached is a copy of the Settlement Agreement that I executed today (the “Newly Executed SA”). The Newly Executed SA is as represented in the below email. The Newly Executed SA is tendered subject to the following express conditions being satisfied before it is effective (the “Conditions”): 1. That the Town consider the Newly Executed SA at its meeting (in the sun or in the shade) on Friday, May 10, 2018. 2. That the Newly Executed SA be executed by all signatories as shown therein and returned to me, on or before the sooner to occur of: a) the commencement of the trial in any of the listed on Exhibit A to the Newly Executed SA; or b) 5PM EST on Friday, May 24, 2018 (the “Deadline Date”). If the Conditions are not satisfied on or before the Deadline date, the Newly Executed SA shall be withdrawn and of no further effect. Of course, as stated in the email below, we would consider any reasonable changes which the Town would like to make to the Newly Executed SA and which the Town would approve. Thank you for your consideration. 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 1 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: Martin E. O’Boyle Sent: Wednesday, May 09, 2018 12:05 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Cc: William Ring <wring@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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. 2 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. 3 Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream 4 Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 5 Renee Basel From:Scott Morgan <scottmorgan75@gmail.com> Sent:Sunday, May 6, 2018 8:13 AM To:Trey Nazzaro; Bob Sweetapple; Joanne M. OConnor Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:Settlement Agreement.pdf; Exhibit D - Draft Plan for Proposed Dock.pdf From: Martin E. O’Boyle Sent: Friday, May 04, 2018 4:54 PM To: scottmorgan75@gmail.com Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. 1 Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream 2 Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 3 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Thursday, May 10, 2018 10:43 AM To:scottmorgan75@gmail.com Cc:Rita Taylor; William Ring; Martin E. O’Boyle Subject:FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:05.10.2018 Gulf_Stream_Settlement_Agreement.pdf Scott – in furtherance to the below email to you, as promised, attached is a copy of the Settlement Agreement that I executed today (the “Newly Executed SA”). The Newly Executed SA is as represented in the below email. The Newly Executed SA is tendered subject to the following express conditions being satisfied before it is effective (the “Conditions”): 1. That the Town consider the Newly Executed SA at its meeting (in the sun or in the shade) on Friday, May 10, 2018. 2. That the Newly Executed SA be executed by all signatories as shown therein and returned to me, on or before the sooner to occur of: a) the commencement of the trial in any of the listed on Exhibit A to the Newly Executed SA; or b) 5PM EST on Friday, May 24, 2018 (the “Deadline Date”). If the Conditions are not satisfied on or before the Deadline date, the Newly Executed SA shall be withdrawn and of no further effect. Of course, as stated in the email below, we would consider any reasonable changes which the Town would like to make to the Newly Executed SA and which the Town would approve. Thank you for your consideration. 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: Wednesday, May 09, 2018 12:05 PM 1 To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Cc: William Ring <wring@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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 2 Web Page: www.commerce-group.com From: Martin E. O’Boyle Sent: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 3 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I 4 will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 5 Renee Basel From:scottmorgan75@gmail.com Sent:Wednesday, May 9, 2018 12:15 PM To:Joanne O'Connor; Robert Sweetapple; Trey Nazzaro Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:7.26.13 Settlement Agreement Fully Executed.pdf Please see Mr. O’Boyle’s email below. From: Martin E. O’Boyle Sent: Wednesday, May 09, 2018 12:05 PM To: scottmorgan75@gmail.com Cc: William Ring ; rtaylor@gulf-stream.org ; Martin E. O’Boyle Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 1 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite 2 nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle 3 Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 4 Renee Basel From:Scott Morgan <scottmorgan75@gmail.com> Sent:Sunday, May 6, 2018 8:13 AM To:Trey Nazzaro; Bob Sweetapple; Joanne M. OConnor Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:Settlement Agreement.pdf; Exhibit D - Draft Plan for Proposed Dock.pdf From: Martin E. O’Boyle Sent: Friday, May 04, 2018 4:54 PM To: scottmorgan75@gmail.com Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. 1 Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream 2 Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 3 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Thursday, May 10, 2018 2:31 PM To:scottmorgan75@gmail.com Cc:Rita Taylor; William Ring; Martin E. O’Boyle Subject:FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:Exhibit D 11x17Plan05.10.18.pdf Scott: Following my email to you below, I just printed the Agreement that I sent you. I just wanted to send you the attached Plan which is a bigger version of the Exhibit D attached to the Agreement. Thought it would be easier for you to see. Thanks for your consideration. 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: Thursday, May 10, 2018 10:43 AM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org; William Ring <wring@commerce-group.com>; Martin E. O’Boyle <meo@commerce- group.com> Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott – in furtherance to the below email to you, as promised, attached is a copy of the Settlement Agreement that I executed today (the “Newly Executed SA”). The Newly Executed SA is as represented in the below email. The Newly Executed SA is tendered subject to the following express conditions being satisfied before it is effective (the “Conditions”): 1 1. That the Town consider the Newly Executed SA at its meeting (in the sun or in the shade) on Friday, May 10, 2018. 2. That the Newly Executed SA be executed by all signatories as shown therein and returned to me, on or before the sooner to occur of: a) the commencement of the trial in any of the listed on Exhibit A to the Newly Executed SA; or b) 5PM EST on Friday, May 24, 2018 (the “Deadline Date”). If the Conditions are not satisfied on or before the Deadline date, the Newly Executed SA shall be withdrawn and of no further effect. Of course, as stated in the email below, we would consider any reasonable changes which the Town would like to make to the Newly Executed SA and which the Town would approve. Thank you for your consideration. 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: Wednesday, May 09, 2018 12:05 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Cc: William Ring <wring@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. 2 I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 3 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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 4 From: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 5 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 6 Renee Basel From:Scott Morgan <scottmorgan75@gmail.com> Sent:Sunday, May 6, 2018 8:13 AM To:Trey Nazzaro; Bob Sweetapple; Joanne M. OConnor Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:Settlement Agreement.pdf; Exhibit D - Draft Plan for Proposed Dock.pdf From: Martin E. O’Boyle Sent: Friday, May 04, 2018 4:54 PM To: scottmorgan75@gmail.com Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. 1 Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream 2 Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 3 Renee Basel From:scottmorgan75@gmail.com Sent:Thursday, May 10, 2018 2:54 PM To:Robert Sweetapple; Trey Nazzaro; Joanne O'Connor Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:Exhibit D 11x17Plan05.10.18.pdf From: Martin E. O’Boyle Sent: Thursday, May 10, 2018 2:31 PM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org ; William Ring ; Martin E. O’Boyle Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott: Following my email to you below, I just printed the Agreement that I sent you. I just wanted to send you the attached Plan which is a bigger version of the Exhibit D attached to the Agreement. Thought it would be easier for you to see. Thanks for your consideration. 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: Thursday, May 10, 2018 10:43 AM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org; William Ring <wring@commerce-group.com>; Martin E. O’Boyle <meo@commerce- group.com> Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott – in furtherance to the below email to you, as promised, attached is a copy of the Settlement Agreement that I executed today (the “Newly Executed SA”). 1 The Newly Executed SA is as represented in the below email. The Newly Executed SA is tendered subject to the following express conditions being satisfied before it is effective (the “Conditions”): 1. That the Town consider the Newly Executed SA at its meeting (in the sun or in the shade) on Friday, May 10, 2018. 2. That the Newly Executed SA be executed by all signatories as shown therein and returned to me, on or before the sooner to occur of: a) the commencement of the trial in any of the listed on Exhibit A to the Newly Executed SA; or b) 5PM EST on Friday, May 24, 2018 (the “Deadline Date”). If the Conditions are not satisfied on or before the Deadline date, the Newly Executed SA shall be withdrawn and of no further effect. Of course, as stated in the email below, we would consider any reasonable changes which the Town would like to make to the Newly Executed SA and which the Town would approve. Thank you for your consideration. 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: Wednesday, May 09, 2018 12:05 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Cc: William Ring <wring@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our 2 agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, 3 I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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 4 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 5 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 6 Renee Basel From:scottmorgan75@gmail.com Sent:Thursday, May 10, 2018 2:54 PM To:Robert Sweetapple; Trey Nazzaro; Joanne O'Connor Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:Exhibit D 11x17Plan05.10.18.pdf From: Martin E. O’Boyle Sent: Thursday, May 10, 2018 2:31 PM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org ; William Ring ; Martin E. O’Boyle Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott: Following my email to you below, I just printed the Agreement that I sent you. I just wanted to send you the attached Plan which is a bigger version of the Exhibit D attached to the Agreement. Thought it would be easier for you to see. Thanks for your consideration. 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: Thursday, May 10, 2018 10:43 AM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org; William Ring <wring@commerce-group.com>; Martin E. O’Boyle <meo@commerce- group.com> Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott – in furtherance to the below email to you, as promised, attached is a copy of the Settlement Agreement that I executed today (the “Newly Executed SA”). 1 The Newly Executed SA is as represented in the below email. The Newly Executed SA is tendered subject to the following express conditions being satisfied before it is effective (the “Conditions”): 1. That the Town consider the Newly Executed SA at its meeting (in the sun or in the shade) on Friday, May 10, 2018. 2. That the Newly Executed SA be executed by all signatories as shown therein and returned to me, on or before the sooner to occur of: a) the commencement of the trial in any of the listed on Exhibit A to the Newly Executed SA; or b) 5PM EST on Friday, May 24, 2018 (the “Deadline Date”). If the Conditions are not satisfied on or before the Deadline date, the Newly Executed SA shall be withdrawn and of no further effect. Of course, as stated in the email below, we would consider any reasonable changes which the Town would like to make to the Newly Executed SA and which the Town would approve. Thank you for your consideration. 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: Wednesday, May 09, 2018 12:05 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Cc: William Ring <wring@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our 2 agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, 3 I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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 4 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 5 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 6 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Thursday, May 10, 2018 2:31 PM To:scottmorgan75@gmail.com Cc:Rita Taylor; William Ring; Martin E. O’Boyle Subject:FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:Exhibit D 11x17Plan05.10.18.pdf Scott: Following my email to you below, I just printed the Agreement that I sent you. I just wanted to send you the attached Plan which is a bigger version of the Exhibit D attached to the Agreement. Thought it would be easier for you to see. Thanks for your consideration. 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: Thursday, May 10, 2018 10:43 AM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org; William Ring <wring@commerce-group.com>; Martin E. O’Boyle <meo@commerce- group.com> Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott – in furtherance to the below email to you, as promised, attached is a copy of the Settlement Agreement that I executed today (the “Newly Executed SA”). The Newly Executed SA is as represented in the below email. The Newly Executed SA is tendered subject to the following express conditions being satisfied before it is effective (the “Conditions”): 1 1. That the Town consider the Newly Executed SA at its meeting (in the sun or in the shade) on Friday, May 10, 2018. 2. That the Newly Executed SA be executed by all signatories as shown therein and returned to me, on or before the sooner to occur of: a) the commencement of the trial in any of the listed on Exhibit A to the Newly Executed SA; or b) 5PM EST on Friday, May 24, 2018 (the “Deadline Date”). If the Conditions are not satisfied on or before the Deadline date, the Newly Executed SA shall be withdrawn and of no further effect. Of course, as stated in the email below, we would consider any reasonable changes which the Town would like to make to the Newly Executed SA and which the Town would approve. Thank you for your consideration. 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: Wednesday, May 09, 2018 12:05 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Cc: William Ring <wring@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. 2 I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 3 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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 4 From: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 5 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 6 Renee Basel From:scottmorgan75@gmail.com Sent:Thursday, May 10, 2018 11:06 AM To:Joanne O'Connor; Robert Sweetapple; Trey Nazzaro Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:05.10.2018 Gulf_Stream_Settlement_Agreement.pdf Please see email below and attached agreement. From: Martin E. O’Boyle Sent: Thursday, May 10, 2018 10:43 AM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org ; William Ring ; Martin E. O’Boyle Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott – in furtherance to the below email to you, as promised, attached is a copy of the Settlement Agreement that I executed today (the “Newly Executed SA”). The Newly Executed SA is as represented in the below email. The Newly Executed SA is tendered subject to the following express conditions being satisfied before it is effective (the “Conditions”): 1. That the Town consider the Newly Executed SA at its meeting (in the sun or in the shade) on Friday, May 10, 2018. 2. That the Newly Executed SA be executed by all signatories as shown therein and returned to me, on or before the sooner to occur of: a) the commencement of the trial in any of the listed on Exhibit A to the Newly Executed SA; or b) 5PM EST on Friday, May 24, 2018 (the “Deadline Date”). If the Conditions are not satisfied on or before the Deadline date, the Newly Executed SA shall be withdrawn and of no further effect. Of course, as stated in the email below, we would consider any reasonable changes which the Town would like to make to the Newly Executed SA and which the Town would approve. Thank you for your consideration. 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 1 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: Martin E. O’Boyle Sent: Wednesday, May 09, 2018 12:05 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Cc: William Ring <wring@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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. 2 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. 3 Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream 4 Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 5 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Thursday, May 10, 2018 10:43 AM To:scottmorgan75@gmail.com Cc:Rita Taylor; William Ring; Martin E. O’Boyle Subject:FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:05.10.2018 Gulf_Stream_Settlement_Agreement.pdf Scott – in furtherance to the below email to you, as promised, attached is a copy of the Settlement Agreement that I executed today (the “Newly Executed SA”). The Newly Executed SA is as represented in the below email. The Newly Executed SA is tendered subject to the following express conditions being satisfied before it is effective (the “Conditions”): 1. That the Town consider the Newly Executed SA at its meeting (in the sun or in the shade) on Friday, May 10, 2018. 2. That the Newly Executed SA be executed by all signatories as shown therein and returned to me, on or before the sooner to occur of: a) the commencement of the trial in any of the listed on Exhibit A to the Newly Executed SA; or b) 5PM EST on Friday, May 24, 2018 (the “Deadline Date”). If the Conditions are not satisfied on or before the Deadline date, the Newly Executed SA shall be withdrawn and of no further effect. Of course, as stated in the email below, we would consider any reasonable changes which the Town would like to make to the Newly Executed SA and which the Town would approve. Thank you for your consideration. 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: Wednesday, May 09, 2018 12:05 PM 1 To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Cc: William Ring <wring@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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 2 Web Page: www.commerce-group.com From: Martin E. O’Boyle Sent: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 3 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I 4 will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 5 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Thursday, May 10, 2018 2:31 PM To:scottmorgan75@gmail.com Cc:Rita Taylor; William Ring; Martin E. O’Boyle Subject:FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:Exhibit D 11x17Plan05.10.18.pdf Scott: Following my email to you below, I just printed the Agreement that I sent you. I just wanted to send you the attached Plan which is a bigger version of the Exhibit D attached to the Agreement. Thought it would be easier for you to see. Thanks for your consideration. 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: Thursday, May 10, 2018 10:43 AM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org; William Ring <wring@commerce-group.com>; Martin E. O’Boyle <meo@commerce- group.com> Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott – in furtherance to the below email to you, as promised, attached is a copy of the Settlement Agreement that I executed today (the “Newly Executed SA”). The Newly Executed SA is as represented in the below email. The Newly Executed SA is tendered subject to the following express conditions being satisfied before it is effective (the “Conditions”): 1 1. That the Town consider the Newly Executed SA at its meeting (in the sun or in the shade) on Friday, May 10, 2018. 2. That the Newly Executed SA be executed by all signatories as shown therein and returned to me, on or before the sooner to occur of: a) the commencement of the trial in any of the listed on Exhibit A to the Newly Executed SA; or b) 5PM EST on Friday, May 24, 2018 (the “Deadline Date”). If the Conditions are not satisfied on or before the Deadline date, the Newly Executed SA shall be withdrawn and of no further effect. Of course, as stated in the email below, we would consider any reasonable changes which the Town would like to make to the Newly Executed SA and which the Town would approve. Thank you for your consideration. 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: Wednesday, May 09, 2018 12:05 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Cc: William Ring <wring@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. 2 I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 3 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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 4 From: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 5 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 6 Renee Basel From:scottmorgan75@gmail.com Sent:Thursday, May 10, 2018 2:54 PM To:Robert Sweetapple; Trey Nazzaro; Joanne O'Connor Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:Exhibit D 11x17Plan05.10.18.pdf From: Martin E. O’Boyle Sent: Thursday, May 10, 2018 2:31 PM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org ; William Ring ; Martin E. O’Boyle Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott: Following my email to you below, I just printed the Agreement that I sent you. I just wanted to send you the attached Plan which is a bigger version of the Exhibit D attached to the Agreement. Thought it would be easier for you to see. Thanks for your consideration. 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: Thursday, May 10, 2018 10:43 AM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org; William Ring <wring@commerce-group.com>; Martin E. O’Boyle <meo@commerce- group.com> Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott – in furtherance to the below email to you, as promised, attached is a copy of the Settlement Agreement that I executed today (the “Newly Executed SA”). 1 The Newly Executed SA is as represented in the below email. The Newly Executed SA is tendered subject to the following express conditions being satisfied before it is effective (the “Conditions”): 1. That the Town consider the Newly Executed SA at its meeting (in the sun or in the shade) on Friday, May 10, 2018. 2. That the Newly Executed SA be executed by all signatories as shown therein and returned to me, on or before the sooner to occur of: a) the commencement of the trial in any of the listed on Exhibit A to the Newly Executed SA; or b) 5PM EST on Friday, May 24, 2018 (the “Deadline Date”). If the Conditions are not satisfied on or before the Deadline date, the Newly Executed SA shall be withdrawn and of no further effect. Of course, as stated in the email below, we would consider any reasonable changes which the Town would like to make to the Newly Executed SA and which the Town would approve. Thank you for your consideration. 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: Wednesday, May 09, 2018 12:05 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Cc: William Ring <wring@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our 2 agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, 3 I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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 4 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 5 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 6 Renee Basel From:scottmorgan75@gmail.com Sent:Wednesday, May 9, 2018 12:15 PM To:Joanne O'Connor; Robert Sweetapple; Trey Nazzaro Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:7.26.13 Settlement Agreement Fully Executed.pdf Please see Mr. O’Boyle’s email below. From: Martin E. O’Boyle Sent: Wednesday, May 09, 2018 12:05 PM To: scottmorgan75@gmail.com Cc: William Ring ; rtaylor@gulf-stream.org ; Martin E. O’Boyle Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 1 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite 2 nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle 3 Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 4 Renee Basel From:Randolph, John C. <JRandolph@jonesfoster.com> Sent:Tuesday, April 18, 2017 4:41 PM To:Baird, Thomas J. Subject:FW: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 Attachments:img20170412162847_pdf; Meeting Minutes and Diagram_pdf; Development Agreement_pdf Tom, Please see the attached and give me a call at your convenience so that we can discuss same. Thank you. JOHN C. RANDOLPH John C. Randolph Attorney Telephone: 561.650.0458 | Fax: 561.650.5300 | jrandolph@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring \[mailto:wring@oboylelawfirm.com\] Sent: Wednesday, April 12, 2017 4:26 PM To: Randolph, John C. ; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 This message originated from outside your organization FYI - Skip and Tom – attached is that portion of the Developers Agreement referencing “1981”. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) 1 From: William Ring Sent: Wednesday, April 12, 2017 3:12 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue Hello Skip and Tom: Happy Easter and Spring. Since you both worked on the O’Boyle Development Agreement with me, I wanted to let you both know that I was in Town Hall yesterday with new/revised plans for the O’Boyle House at 23 Hidden Harbour. For the most part, everything went well with my meeting with Ms. Taylor and Mr. Thrasher and I obtained most of the sign offs/approvals I needed for the submittal to Delray Beach. We are hopeful to begin renovations soon and I am sure everyone will be happy to see the house look better. However, we did have a disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to provide me with their blessing for the Dock. In that connection, attached pleased find sheets A1.01 (Site Plan) and A1.02 (Enlarged Site Plan). Generally, I believe its Ms. Taylor’s position that the Dock width is limited to 5 feet by the current code. I believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve it (and the current code does not apply). I am requesting that you review the attached plans and the Development Agreement and advise the Town to provide me their approval for this Dock. The sooner the better. Thanks Bill Ring PS – I point out that Mr. O’Boyle may have to obtain a dock-building permit from Delray Beach and/or other approvals from the Army Corps or the DEP; so, the Town may not have any authority over the matter, but I would like to obtain their approval nonetheless. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Randolph, John C. \[mailto:JRandolph@jonesfoster.com\] Sent: Monday, September 23, 2013 10:40 AM To: William Ring Subject: RE: developement agreement - oboyle Great! Thank you. The original document will be delivered to me today for recording. 2 John C. Randolph Attorney Direct Dial: 561.650.0458 | Fax: 561.650.5300 | jrandolph@jonesfoster.com Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 3 Renee Basel From:Randolph, John C. <JRandolph@jonesfoster.com> Sent:Tuesday, April 18, 2017 4:41 PM To:Baird, Thomas J. Subject:FW: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 Attachments:img20170412162847_pdf; Meeting Minutes and Diagram_pdf; Development Agreement_pdf Tom, Please see the attached and give me a call at your convenience so that we can discuss same. Thank you. JOHN C. RANDOLPH John C. Randolph Attorney Telephone: 561.650.0458 | Fax: 561.650.5300 | jrandolph@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: William Ring \[mailto:wring@oboylelawfirm.com\] Sent: Wednesday, April 12, 2017 4:26 PM To: Randolph, John C. ; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 This message originated from outside your organization FYI - Skip and Tom – attached is that portion of the Developers Agreement referencing “1981”. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) 1 From: William Ring Sent: Wednesday, April 12, 2017 3:12 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue Hello Skip and Tom: Happy Easter and Spring. Since you both worked on the O’Boyle Development Agreement with me, I wanted to let you both know that I was in Town Hall yesterday with new/revised plans for the O’Boyle House at 23 Hidden Harbour. For the most part, everything went well with my meeting with Ms. Taylor and Mr. Thrasher and I obtained most of the sign offs/approvals I needed for the submittal to Delray Beach. We are hopeful to begin renovations soon and I am sure everyone will be happy to see the house look better. However, we did have a disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to provide me with their blessing for the Dock. In that connection, attached pleased find sheets A1.01 (Site Plan) and A1.02 (Enlarged Site Plan). Generally, I believe its Ms. Taylor’s position that the Dock width is limited to 5 feet by the current code. I believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve it (and the current code does not apply). I am requesting that you review the attached plans and the Development Agreement and advise the Town to provide me their approval for this Dock. The sooner the better. Thanks Bill Ring PS – I point out that Mr. O’Boyle may have to obtain a dock-building permit from Delray Beach and/or other approvals from the Army Corps or the DEP; so, the Town may not have any authority over the matter, but I would like to obtain their approval nonetheless. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Randolph, John C. \[mailto:JRandolph@jonesfoster.com\] Sent: Monday, September 23, 2013 10:40 AM To: William Ring Subject: RE: developement agreement - oboyle Great! Thank you. The original document will be delivered to me today for recording. 2 John C. Randolph Attorney Direct Dial: 561.650.0458 | Fax: 561.650.5300 | jrandolph@jonesfoster.com Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 3 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! From:OConnor, Joanne M. To:Macfarlane, Mary T. Subject:FW: O"Boyle Settlement Default Letter (deck/dock) Date:Monday, April 15, 2019 8:03:00 PM Attachments:O"Boyle Default Letter (Deck-Dock).pdf ATT00001.htm image002.png Pls calendar re may 10 Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Jones Foster P.A. 561 650 0498 – D 561 650 5300 – F 561 659 3000 – O joconnor@jonesfoster.com Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Monday, April 15, 2019 4:12 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: Fwd: O'Boyle Settlement Default Letter (deck/dock) Are you available to go to this meeting? I may have a conflict. Sent from my iPhone Begin forwarded message: From: Trey Nazzaro <TNazzaro@gulf-stream.org> Date: April 15, 2019 at 1:32:17 PM EDT To: "Randolph, John C." <JRandolph@jonesfoster.com> Cc: "'OConnor, Joanne M.'" <JOConnor@jonesfoster.com> Subject: O'Boyle Settlement Default Letter (deck/dock) This Message originated outside your organization. Mr. Randolph, On Friday, the Town received an appeal regarding the denial of the deck/dock/promenade. It will be heard by the Board of Adjustment at the next commission meeting, Friday, May 10 at 9 am. I was hoping you could come to the meeting. In related news, Rita received the attached notice of default regarding the above referenced denial, specifically that the denial is a breach of the 2013 Settlement Agreement. Joanne was also sent a copy via certified mail. Please give me a call at your convenience to discuss. Best, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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:Scott Morgan To:Trey Nazzaro; Bob Sweetapple; OConnor, Joanne M. Subject:Fw: re Proposed Settlement Agreement - Gulf Stream/O"Boyle et al Date:Sunday, May 6, 2018 8:12:57 AM Attachments:Settlement Agreement.pdf Exhibit D - Draft Plan for Proposed Dock.pdf This message originated from outside your organization   From: Martin E. O’Boyle Sent: Friday, May 04, 2018 4:54 PM To: scottmorgan75@gmail.com Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al   CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE   Dear Scott,   I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below.   In connection with same, I attach the following:   1. A copy of the Settlement Agreement, which I am currently prepared to sign.   2. A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL.   Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes.   With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it.   In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet.   Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss.   Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue.   Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call.   Thank you for your consideration.       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: scottmorgan75@gmail.com <scottmorgan75@gmail.com>  Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream   Hi Marty,   Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello.   Re: your email, I sent it to the attorneys and they’ll follow up.   Scott   From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream   Scott – below is the email that I just sent you.  When dictating, sometimes (and for reasons I don’t understand, portions get “run over”.  No matter, I have added the missing words in highlighting.  There is nothing material.  I await your response. _______________________________________________________________________________________________________________________________________   Scott – I saw you at the services yesterday.  I wanted to spend a moment to speak with you.  That didn’t work out, so I now send you this note.   I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,.  As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal.  If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary.  My hope is that “what is necessary” is to get done.  Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May.  My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously.   Let me know if you want the deal.    This email is sent in the context of settlement and may not be used for any other purpose.  I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email.   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     Renee Basel From:Randolph, John C. <JRandolph@jonesfoster.com> Sent:Wednesday, June 14, 2017 1:20 PM To:Trey Nazzaro Subject:Fwd: 23 Hidden Harbour - Dock - Gulf Stream Attachments:img20170412162847.pdf; ATT00001.htm Follow Up Flag:Follow up Flag Status:Completed Thoughts? Sent from my iPhone Begin forwarded message: From: William Ring <wring@oboylelawfirm.com> Date: June 14, 2017 at 12:48:20 PM EDT To: "Randolph, John C." <JRandolph@jonesfoster.com> Cc: William Ring <wring@oboylelawfirm.com> Subject: 23 Hidden Harbour - Dock - Gulf Stream This message originated from outside your organization Skip: Following up on my previous emails, we need to get an answer on the proposed Dock. The other permits are winding their way through Delray Beach, and I would like to resolve the Dock issue soon. As I mentioned before, I believe the proposed Dock fits within the terms and conditions of the Development and Settlement Agreement and the Town should approve it (and the current code does not apply since it did not exist in 1981). So that its handy, attached is that portion of the Settlement Agreement referencing the 1981 date. Thank you for previously sending to me the September Minutes regarding the Development Agreement meeting. Although I do not think the meeting minutes are necessarily meaningful, I point out the July Settlement Agreement meeting minutes discussed 1981 date as the date of reference. We believe the Dock will be beautiful. I am hopeful that you can speak with someone at the Town and get their “ok” on the proposed Dock plan. Thanks Bill Ring 1 William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 4:26 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 FYI - Skip and Tom – attached is that portion of the Developers Agreement referencing “1981”. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 3:12 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue Hello Skip and Tom: Happy Easter and Spring. Since you both worked on the O’Boyle Development Agreement with me, I wanted to let you both know that I was in Town Hall yesterday with new/revised plans for the O’Boyle House at 23 Hidden Harbour. For the most part, everything went well with my meeting with Ms. Taylor and Mr. Thrasher and I obtained most of the sign offs/approvals I needed for the submittal to Delray Beach. We are hopeful to begin renovations soon and I am sure everyone will be happy to see the house look better. However, we did have a disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to provide me with their blessing for the Dock. In that connection, attached pleased find sheets A1.01 (Site Plan) and A1.02 (Enlarged Site Plan). Generally, I believe its Ms. Taylor’s position that the Dock width is limited to 5 feet by the current code. I believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve it (and the current code does not apply). I am requesting that you review the attached plans and the Development Agreement and advise the Town to provide me their approval for this Dock. The sooner the better. Thanks 2 Bill Ring PS – I point out that Mr. O’Boyle may have to obtain a dock-building permit from Delray Beach and/or other approvals from the Army Corps or the DEP; so, the Town may not have any authority over the matter, but I would like to obtain their approval nonetheless. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Randolph, John C. \[mailto:JRandolph@jonesfoster.com\] Sent: Monday, September 23, 2013 10:40 AM To: William Ring Subject: RE: developement agreement - oboyle Great! Thank you. The original document will be delivered to me today for recording. John C. Randolph Attorney Direct Dial: 561.650.0458 | Fax: 561.650.5300 | jrandolph@jonesfoster.com Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 3 Renee Basel From:Randolph, John C. <JRandolph@jonesfoster.com> Sent:Wednesday, June 14, 2017 1:20 PM To:Trey Nazzaro Subject:Fwd: 23 Hidden Harbour - Dock - Gulf Stream Attachments:img20170412162847.pdf; ATT00001.htm Follow Up Flag:Follow up Flag Status:Completed Thoughts? Sent from my iPhone Begin forwarded message: From: William Ring <wring@oboylelawfirm.com> Date: June 14, 2017 at 12:48:20 PM EDT To: "Randolph, John C." <JRandolph@jonesfoster.com> Cc: William Ring <wring@oboylelawfirm.com> Subject: 23 Hidden Harbour - Dock - Gulf Stream This message originated from outside your organization Skip: Following up on my previous emails, we need to get an answer on the proposed Dock. The other permits are winding their way through Delray Beach, and I would like to resolve the Dock issue soon. As I mentioned before, I believe the proposed Dock fits within the terms and conditions of the Development and Settlement Agreement and the Town should approve it (and the current code does not apply since it did not exist in 1981). So that its handy, attached is that portion of the Settlement Agreement referencing the 1981 date. Thank you for previously sending to me the September Minutes regarding the Development Agreement meeting. Although I do not think the meeting minutes are necessarily meaningful, I point out the July Settlement Agreement meeting minutes discussed 1981 date as the date of reference. We believe the Dock will be beautiful. I am hopeful that you can speak with someone at the Town and get their “ok” on the proposed Dock plan. Thanks Bill Ring 1 William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 4:26 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 FYI - Skip and Tom – attached is that portion of the Developers Agreement referencing “1981”. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 3:12 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue Hello Skip and Tom: Happy Easter and Spring. Since you both worked on the O’Boyle Development Agreement with me, I wanted to let you both know that I was in Town Hall yesterday with new/revised plans for the O’Boyle House at 23 Hidden Harbour. For the most part, everything went well with my meeting with Ms. Taylor and Mr. Thrasher and I obtained most of the sign offs/approvals I needed for the submittal to Delray Beach. We are hopeful to begin renovations soon and I am sure everyone will be happy to see the house look better. However, we did have a disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to provide me with their blessing for the Dock. In that connection, attached pleased find sheets A1.01 (Site Plan) and A1.02 (Enlarged Site Plan). Generally, I believe its Ms. Taylor’s position that the Dock width is limited to 5 feet by the current code. I believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve it (and the current code does not apply). I am requesting that you review the attached plans and the Development Agreement and advise the Town to provide me their approval for this Dock. The sooner the better. Thanks 2 Bill Ring PS – I point out that Mr. O’Boyle may have to obtain a dock-building permit from Delray Beach and/or other approvals from the Army Corps or the DEP; so, the Town may not have any authority over the matter, but I would like to obtain their approval nonetheless. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Randolph, John C. \[mailto:JRandolph@jonesfoster.com\] Sent: Monday, September 23, 2013 10:40 AM To: William Ring Subject: RE: developement agreement - oboyle Great! Thank you. The original document will be delivered to me today for recording. John C. Randolph Attorney Direct Dial: 561.650.0458 | Fax: 561.650.5300 | jrandolph@jonesfoster.com Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 3 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Friday, June 1, 2018 2:22 PM To:Randolph, John C.; Trey Nazzaro Subject:Fwd: O’Boyle I am out this afternoon . Could be available Tuesday or wed am but suggest trey ask the mayor if he wants us to meet with them. Sent from my iPhone Begin forwarded message: From: Elaine James <ejjames50@icloud.com> Date: June 1, 2018 at 2:11:33 PM EDT To: "Ms. Joanne Marie O'Connor Esq." <joconnor@jonesfoster.com> Cc: <MMacfarlane@jonesfoster.com> Subject:O’Boyle This message originated from outside your organization Good afternoon Joanne. I am writing to follow up on voicemail I left for you. Bill Ring and I think it would be a good idea for Skip, Trey, Bill, you and I to meet to discuss the dock and issues related to other cases (excluding 4474 and 3721). Might your crew will be available in the afternoon on June 5 or sometime on June 6? Bill and I would be happy to come to your office. Please let me know. Thanks and have a good weekend Sent from my iPhone 1 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Friday, June 1, 2018 2:22 PM To:Randolph, John C.; Trey Nazzaro Subject:Fwd: O’Boyle I am out this afternoon . Could be available Tuesday or wed am but suggest trey ask the mayor if he wants us to meet with them. Sent from my iPhone Begin forwarded message: From: Elaine James <ejjames50@icloud.com> Date: June 1, 2018 at 2:11:33 PM EDT To: "Ms. Joanne Marie O'Connor Esq." <joconnor@jonesfoster.com> Cc: <MMacfarlane@jonesfoster.com> Subject:O’Boyle This message originated from outside your organization Good afternoon Joanne. I am writing to follow up on voicemail I left for you. Bill Ring and I think it would be a good idea for Skip, Trey, Bill, you and I to meet to discuss the dock and issues related to other cases (excluding 4474 and 3721). Might your crew will be available in the afternoon on June 5 or sometime on June 6? Bill and I would be happy to come to your office. Please let me know. Thanks and have a good weekend Sent from my iPhone 1 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! Renee Basel From:Trey Nazzaro Sent:Wednesday, February 20, 2019 12:49 PM To:OConnor, Joanne M.; Randolph, John C. Subject:Gulf Stream -- New O'Boyle Dock and Promenade Attachments:OBoyle Promenade and Dock (new 2.20.19).pdf Skip and Joanne, Bill Ring stopped by today to talk to me about additional plans for the rear of the O’Boyle home, specifically a “promenade” that is “not a dock” but is very similar to the previous proposed dock that has been discussed with the O’Boyle side for the past year or more. Skip, please call myself and Rita to discuss. Joanne, I just wanted you to know this was coming and may be a topic of discussion at mediation. Bill mentioned the definition of dock in the Town Code, which is as follows: Dock shall mean an accessory structure built on pilings over water, no part of which floats on water, and which is designed or used primarily to provide dockage for and access to one or more boats or water vessels for private use. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. 1 I.LAR 10- el_ TE DATA SITE AREA 39,243 S.F. 0.90 AC. EXIST. WATER AREA 11,394 S.F. 29.OX EXIST. BUILDING FOOTPRINT 5,048 S.F. 2.9% NEW EXTERIOR LOGGIA 517 S.F. 9 EXIST. HARDSCAPE ,539 S.F. 24.3% NEW HARDSCAPE 11,606 S.F. 29.6% EXIST. LANDSCAPE 13,262 S.F. 33.8% NEW LANDSCAPE 11,195 S.F. 28.5% PL ILOING AREA EXIST. GROUND FLOOR AREA 5,048 S.F. EXIST. 2NO ElOOR ARTA---Z�--" EXIST. TOTAL BUILDING AREA 7,764 S.F. I CURRIE SOWARDS AGUILA architects / Architecture, Planning, Interiors, & sustainable Design 185D LRAY BEACH,AVENU R 3%83SUITE 1Ol T:(661) 276-4951 F:L661) 24.— E -MALL: 76fi 9 I F:(561) 24 mm ISSUED FOR BIDS PERMIT 10/05/2018 CONSTRUCTION SEAL POOL PLATFORM 7" 8.5+H =FC.EC 'IIiE TOP OF PROMENADE O BOYLE RESIDENCE RENOVATION POOL PLATFORM STEP DOWN TO PROMENADE 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA REVISIONS NUM. DESCRIPTION DATE SITE BOUNDARY AND INFORMATION BASED ON Rlxl DING CODES FLORIDA BUILDING CODE _ RESIDENTIAL 2017 ORDER / 12-iOOdb DATE NOV 4, 2013 REVISED SEPT 23, 2014 FLORIDA BUILDING CODE - ELECTRICAL 2017 * DEerRIPT10N RENOVATION OF THE E)(TERIOR. ADDITION OF LOGGIA TO FLORIDA BUILDING CODE - EXISTING 2017 PLATFORM. TO PROVIDE EVERY DETAIL OR (YES) LOCAL AMENDMENTS I LEII., DEerRIPTION 5, HIDDEN HARBOUR ESTATES, ACCORDING TO THE PUT SUBMffTALS AND OTHER COORDINATION EFFORTS IS FULLY A' \ Jv FLOE pATA FLORIDA BUILDING CODE OCCUPANCY TYPE CONSTRUCTION R-3 SINGLE FAMILY RESIDENCE TYPE VB -UNSPRINKLERED V\\",J• TYPE OF MAX. HEIGHT 40' 1BUILDING a.,u m..V zoso:-aaonc-z y0 rz.,\osaM. 0 MA%. AREA PER FLOOR UUL N IST LEVEL 5,048 S.F. 1 2ND LEVEL 2,716 S.F. el_ TE DATA SITE AREA 39,243 S.F. 0.90 AC. EXIST. WATER AREA 11,394 S.F. 29.OX EXIST. BUILDING FOOTPRINT 5,048 S.F. 2.9% NEW EXTERIOR LOGGIA 517 S.F. 9 EXIST. HARDSCAPE ,539 S.F. 24.3% NEW HARDSCAPE 11,606 S.F. 29.6% EXIST. LANDSCAPE 13,262 S.F. 33.8% NEW LANDSCAPE 11,195 S.F. 28.5% PL ILOING AREA EXIST. GROUND FLOOR AREA 5,048 S.F. EXIST. 2NO ElOOR ARTA---Z�--" EXIST. TOTAL BUILDING AREA 7,764 S.F. I CURRIE SOWARDS AGUILA architects / Architecture, Planning, Interiors, & sustainable Design 185D LRAY BEACH,AVENU R 3%83SUITE 1Ol T:(661) 276-4951 F:L661) 24.— E -MALL: 76fi 9 I F:(561) 24 mm ISSUED FOR BIDS PERMIT 10/05/2018 CONSTRUCTION SEAL POOL PLATFORM 7" 8.5+H =FC.EC 'IIiE TOP OF PROMENADE O BOYLE RESIDENCE RENOVATION POOL PLATFORM STEP DOWN TO PROMENADE 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA REVISIONS NUM. DESCRIPTION DATE SITE BOUNDARY AND INFORMATION BASED ON A SURVEY PROVIDED BY: O'BRIEN, SUITER h WOMEN, INC. ORDER / 12-iOOdb DATE NOV 4, 2013 REVISED SEPT 23, 2014 THESE DRAWINGS ARE PREPARED * DEerRIPT10N RENOVATION OF THE E)(TERIOR. ADDITION OF LOGGIA TO PER ESTABLISHED INDUSTRY STANDARDS AND REPRESENT THE WEST END OF HOUSE. NEW POOL AND EXPANDED POOL ARCHITECT AND ENGINEERS DESIGN CONCEPT. THEY ARE NOT INTENDED PLATFORM. TO PROVIDE EVERY DETAIL OR CONDITION REQUIRED TO CONSTRUCT THE BUILDING. THE CONTRACTORTHROUGH LEII., DEerRIPTION 5, HIDDEN HARBOUR ESTATES, ACCORDING TO THE PUT SUBMffTALS AND OTHER COORDINATION EFFORTS IS FULLY LOT THEREOF AS RECORDED IN PLAT BOOK 36, PAGE 110, PUBLIC RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL RECORDS OF PALM BEACH COUNTY. FLORIDA. WHETHER INDICATED ON PCN 20-43-46-09-48-000-0050 1BUILDING a.,u m..V zoso:-aaonc-z y0 rz.,\osaM. 0 xa woo6x xAxBox on. DRAWING TITLE CD SITE PLAN N 1 T-4 DATE BY DRAWN . -Wry 10-5-2018 I JC rwmnawc. V 1 JOB NUMBER 120902 B H DRAWINUER fy- Al N LOCATION MAP W -01 a Renee Basel From:Trey Nazzaro Sent:Wednesday, February 20, 2019 12:49 PM To:OConnor, Joanne M.; Randolph, John C. Subject:Gulf Stream -- New O'Boyle Dock and Promenade Attachments:OBoyle Promenade and Dock (new 2.20.19).pdf Skip and Joanne, Bill Ring stopped by today to talk to me about additional plans for the rear of the O’Boyle home, specifically a “promenade” that is “not a dock” but is very similar to the previous proposed dock that has been discussed with the O’Boyle side for the past year or more. Skip, please call myself and Rita to discuss. Joanne, I just wanted you to know this was coming and may be a topic of discussion at mediation. Bill mentioned the definition of dock in the Town Code, which is as follows: Dock shall mean an accessory structure built on pilings over water, no part of which floats on water, and which is designed or used primarily to provide dockage for and access to one or more boats or water vessels for private use. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. 1 Renee Basel From:Trey Nazzaro Sent:Wednesday, February 20, 2019 12:49 PM To:'OConnor, Joanne M.'; 'Randolph, John C.' Subject:Gulf Stream -- New O'Boyle Dock and Promenade Attachments:OBoyle Promenade and Dock (new 2.20.19).pdf Skip and Joanne, Bill Ring stopped by today to talk to me about additional plans for the rear of the O’Boyle home, specifically a “promenade” that is “not a dock” but is very similar to the previous proposed dock that has been discussed with the O’Boyle side for the past year or more. Skip, please call myself and Rita to discuss. Joanne, I just wanted you to know this was coming and may be a topic of discussion at mediation. Bill mentioned the definition of dock in the Town Code, which is as follows: Dock shall mean an accessory structure built on pilings over water, no part of which floats on water, and which is designed or used primarily to provide dockage for and access to one or more boats or water vessels for private use. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. 1 From:Trey Nazzaro To:OConnor, Joanne M.; Randolph, John C. Subject:Gulf Stream -- New O"Boyle Dock and Promenade Date:Wednesday, February 20, 2019 12:49:29 PM Attachments:OBoyle Promenade and Dock (new 2.20.19).pdf This Message originated outside your organization. Skip and Joanne, Bill Ring stopped by today to talk to me about additional plans for the rear of the O’Boyle home, specifically a “promenade” that is “not a dock” but is very similar to the previous proposed dock that has been discussed with the O’Boyle side for the past year or more. Skip, please call myself and Rita to discuss. Joanne, I just wanted you to know this was coming and may be a topic of discussion at mediation. Bill mentioned the definition of dock in the Town Code, which is as follows: Dock shall mean an accessory structure built on pilings over water, no part of which floats on water, and which is designed or used primarily to provide dockage for and access to one or more boats or water vessels for private use. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. COMMISSIONERS SCOTT W. MORGAN, Mayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN K. ORTHWEIN DONNA S. WHITE March 15, 2019 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Commerce Realty Group, Inc. William Ring, Real Estate and Development 1280 West Newport Center Drive Deerfield Beach, Florida 33442 Dear Mr. Ring: Telephone (561)276-5116 Fax (561)737-0188 Town Manager GREGORY L. DUNHAM Town Clerk RITA L. TAYLOR MAR 2 01019 Thank you for your application, which was hand delivered on Monday March 11, 2019. The 2013 Settlement Agreement between Martin O'Boyle and the Town of Gulf Stream does not apply to structures in the water. The current Gulf Stream Town Code regulates Docks in Article VIII -Supplemental District Regulations, Division 2 -Accessory Structures and Recreational Facilities, Sections 66 -369 -Docks: The application is subject to this section, and it violates the following provisions: Subsection (6)b: No dock shall exceed five feet in width. Subsection (6)e: For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15 -foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage. The plan is therefore denied as submitted. I am returning herewith your application and Check #1564 in the amount of $335.00. Sincerely, jrL Rita L. TaylorU Town Clerk Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Renee Basel From:Macfarlane, Mary T. <MMacfarlane@jonesfoster.com> Sent:Monday, March 5, 2018 12:53 PM To:OConnor, Joanne M. Subject:Jonathan O'Boyle called Regarding the dock issue. You can call him at 954-470-3501 or 561-758-1223 (cell). Thanks. Mary T. Macfarlane Secretary to H. Adams Weaver, Joanne M. O’Connor and James C. Gavigan, Jr. Telephone: 561.650.5396 | Fax: 561.650.5300 | mmacfarlane@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 Renee Basel From:Macfarlane, Mary T. <MMacfarlane@jonesfoster.com> Sent:Monday, March 5, 2018 12:53 PM To:OConnor, Joanne M. Subject:Jonathan O'Boyle called Regarding the dock issue. You can call him at 954-470-3501 or 561-758-1223 (cell). Thanks. Mary T. Macfarlane Secretary to H. Adams Weaver, Joanne M. O’Connor and James C. Gavigan, Jr. Telephone: 561.650.5396 | Fax: 561.650.5300 | mmacfarlane@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 From:Elaine James To:OConnor, Joanne M. Cc:Macfarlane, Mary T. Subject:O’Boyle Date:Friday, June 1, 2018 2:11:39 PM This message originated from outside your organization Good afternoon Joanne. I am writing to follow up on voicemail I left for you. Bill Ring and I think it would be a good idea for Skip, Trey, Bill, you and I to meet to discuss the dock and issues related to other cases (excluding 4474 and 3721). Might your crew will be available in the afternoon on June 5 or sometime on June 6? Bill and I would be happy to come to your office. Please let me know. Thanks and have a good weekend Sent from my iPhone Renee Basel From:Elaine James <ejjames50@icloud.com> Sent:Friday, June 1, 2018 2:12 PM To:OConnor, Joanne M. Cc:Macfarlane, Mary T. Subject:O’Boyle This message originated from outside your organization Good afternoon Joanne. I am writing to follow up on voicemail I left for you. Bill Ring and I think it would be a good idea for Skip, Trey, Bill, you and I to meet to discuss the dock and issues related to other cases (excluding 4474 and 3721). Might your crew will be available in the afternoon on June 5 or sometime on June 6? Bill and I would be happy to come to your office. Please let me know. Thanks and have a good weekend Sent from my iPhone 1 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Tuesday, May 15, 2018 9:50 AM To:Trey Nazzaro Subject:O'Boyle Follow Up Flag:Follow up Flag Status:Completed Elaine James again asked about the dock. I think it would help to give her bullet points re what we understand O’Boyle seeks, why he thinks he is entitled to it (perhaps excerpting language he relies on from Development Agreement) and why he is not (including our Code provisions). Is this something that you could put together? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Friday, May 25, 2018 9:59 AM To:Elaine James <ejames@elainejohnsonjames.com> (ejames@elainejohnsonjames.com) Cc:Randolph, John C.; Trey Nazzaro; Macfarlane, Mary T. Subject:O'Boyle - Proposed Dock Attachments:1UY5247-james re oboyle proposed dock_PDF; 1GW0334-settlement agreement martin oboyle executed_PDF; 1HA9065-development agreement martin oboyle recorded_PDF Elaine – Please see attached correspondence. Enjoy your holiday weekend – Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Friday, May 25, 2018 9:59 AM To:Elaine James <ejames@elainejohnsonjames.com> (ejames@elainejohnsonjames.com) Cc:Randolph, John C.; Trey Nazzaro; Macfarlane, Mary Subject:O'Boyle - Proposed Dock Attachments:1UY5247-james re oboyle proposed dock.PDF; 1GW0334-settlement agreement martin oboyle executed.PDF; 1HA9065-development agreement martin oboyle recorded.PDF Elaine – Please see attached correspondence. Enjoy your holiday weekend – Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Friday, May 25, 2018 9:59 AM To:Elaine James <ejames@elainejohnsonjames.com> (ejames@elainejohnsonjames.com) Cc:Randolph, John C.; Trey Nazzaro; Macfarlane, Mary Subject:O'Boyle - Proposed Dock Attachments:1UY5247-james re oboyle proposed dock.PDF; 1GW0334-settlement agreement martin oboyle executed.PDF; 1HA9065-development agreement martin oboyle recorded.PDF Elaine – Please see attached correspondence. Enjoy your holiday weekend – Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Tuesday, May 15, 2018 9:50 AM To:Trey Nazzaro Subject:O'Boyle Follow Up Flag:Follow up Flag Status:Completed Elaine James again asked about the dock. I think it would help to give her bullet points re what we understand O’Boyle seeks, why he thinks he is entitled to it (perhaps excerpting language he relies on from Development Agreement) and why he is not (including our Code provisions). Is this something that you could put together? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 Rita Taylor From: Michelle Melicia <mmelicia@commerce-group.com> Sent: Monday, April 15, 2019 12:01 PM To: Rita Taylor Cc: William Ring; Martin E. O'Boyle Subject: DEFAULT Letter to Gulf Stream 4.15.2019 AS SENT Attachments: DEFAULT Letter to Gulf Stream 4.15.2019 AS SENT .pdf Hello Ms. Rita Taylor, Please see the attached letter from Mr. O'Boyle that was also sent via Certified Mail today 4.15.2019. Thank you, M�cL�zCCe McGi Commerce Group Group 1280 West Newport Center Dr. Deerfield Beach, FL 33442 Direct: 954-834-2203 Main: 954-360-7713 Fax: 954-360-0807 Email: mmelicia@commerce-group.com 1 COMMERCE GROUP - Teo P commerce-grou p.com Direct Dial Telephone #954-570-3505 April 15, 2019 VIA CERTIFIED MAIL # 7o131ow 0000 781 4o�7 VIA EMAIL: rtaylorPgulf-stream.org TELEPHONE #.s61 -276-x116 Town of Gulf Steam loo Sea Road Gulf Stream, FL 33483 Attn: Rita Taylor, Town Clerk Re: Notice of Default - Settlement Agreement dated July 26, 2013 (the "Settlement Agreement") Dear Rita L. Taylor, Clerk: By this letter, Martin E. O'Boyle hereby provides notice that your continuing refusal to approve the construction of the Promenade as shown on the attached Site Plan (dated 10/5/18, last revised 2/20/19 with Promenade Revision (the "Promenade Plan")) constitutes a breach in your obligations of the Settlement Agreement. Please allow this correspondence to serve as the Town's Notice of Default pursuant to the Settlement Agreement. You have an opportunity to cure this default within ten (1o) days from the date of this letter by approving the Promenade Plan. Should you fail to cure the default as aforesaid, I will pursue all available legal and equitable rights and remedies; and all rights and remedies available to me under the Settlement Agreement. Considering the foregoing, we urge you to promptly (and within ten (1o) days) approve the Promenade Plan. Sincerely yours, Martin E. O'Boyle Cc: Joanne O'Connor via Certified Mail #70131090 0000 7813 4020 William F. Ring via Email xAwlAwo mmerce-group.com TEL 954360.7713 . FAx. 954.360.0807 1280 WEST NEWPORT CENTER DRIVE, DEERFIELD BEACH, FLORIDA 33442 " � I �� ;� 7 5{ /�[ r4 uLn<�� 4 a �� ,!|! |H N! k.m _ go&k612�3w k ED 10 .01 �� �� ��� �� �% . � | % | � | I �� | a, � | | ||��E|�|�%||� � | a, , |�� Renee Basel From:Randolph, John C. <JRandolph@jonesfoster.com> Sent:Monday, June 19, 2017 2:39 PM To:Baird, Thomas J. Subject:O'Boyle Dock Attachments:O'Boyle 06 17 17 letter_pdf; Development Agreement_pdf Tom, Upon receipt of the attached, please give me a call so that we can discuss it. Thank you. JOHN C. RANDOLPH John C. Randolph Attorney Telephone: 561.650.0458 | Fax: 561.650.5300 | jrandolph@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 Renee Basel From:Randolph, John C. <JRandolph@jonesfoster.com> Sent:Monday, June 19, 2017 2:39 PM To:Baird, Thomas J. Subject:O'Boyle Dock Attachments:O'Boyle 06 17 17 letter_pdf; Development Agreement_pdf Tom, Upon receipt of the attached, please give me a call so that we can discuss it. Thank you. JOHN C. RANDOLPH John C. Randolph Attorney Telephone: 561.650.0458 | Fax: 561.650.5300 | jrandolph@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 Renee Basel From:Brenda Russell <brussell@commerce-group.com> Sent:Friday, August 25, 2017 4:47 PM To:Rita Taylor Cc:William Ring; Marty O'Boyle Subject:O'Boyle letter and enclosure regarding O'Boyle Residence - Pool/Deck/Dock - 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 - Project #1101 Attachments:Rita Taylor 08.25.17.pdf Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com 1 Renee Basel From:Brenda Russell <brussell@commerce-group.com> Sent:Friday, August 25, 2017 4:47 PM To:Rita Taylor Cc:William Ring; Marty O'Boyle Subject:O'Boyle letter and enclosure regarding O'Boyle Residence - Pool/Deck/Dock - 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 - Project #1101 Attachments:Rita Taylor 08.25.17.pdf Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com 1 Renee Basel From:Brenda Russell <brussell@commerce-group.com> Sent:Friday, August 25, 2017 4:47 PM To:Rita Taylor Cc:William Ring; Marty O'Boyle Subject:O'Boyle letter and enclosure regarding O'Boyle Residence - Pool/Deck/Dock - 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 - Project #1101 Attachments:Rita Taylor 08.25.17.pdf Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com 1 Renee Basel From:Brenda Russell <brussell@commerce-group.com> Sent:Thursday, August 3, 2017 11:43 AM To:Rita Taylor Cc:William Ring; Marty O'Boyle Subject:O'Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101 Attachments:Rita Taylor 08.03.17.pdf Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com 1 Renee Basel From:Brenda Russell <brussell@commerce-group.com> Sent:Thursday, August 3, 2017 11:43 AM To:Rita Taylor Cc:William Ring; Marty O'Boyle Subject:O'Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101 Attachments:Rita Taylor 08.03.17.pdf Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com 1 Renee Basel From:Brenda Russell <brussell@commerce-group.com> Sent:Thursday, August 3, 2017 11:43 AM To:Rita Taylor Cc:William Ring; Marty O'Boyle Subject:O'Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101 Attachments:Rita Taylor 08.03.17.pdf Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com 1 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Friday, June 16, 2017 1:36 PM To:Rita Taylor Cc:Randolph, John C.; William Ring; Brenda Russell; Marty O'Boyle Subject:O'Boyle letter regarding Settlement Agreement Attachments:Rita Taylor 06.16.17.pdf Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 1 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Friday, June 16, 2017 1:36 PM To:Rita Taylor Cc:Randolph, John C.; William Ring; Brenda Russell; Marty O'Boyle Subject:O'Boyle letter regarding Settlement Agreement Attachments:Rita Taylor 06.16.17.pdf Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 1 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Friday, June 16, 2017 1:36 PM To:Rita Taylor Cc:Randolph, John C.; William Ring; Brenda Russell; Marty O'Boyle Subject:O'Boyle letter regarding Settlement Agreement Attachments:Rita Taylor 06.16.17.pdf Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 1 I.LAR 10- el_ TE DATA SITE AREA 39,243 S.F. 0.90 AC. EXIST. WATER AREA 11,394 S.F. 29.OX EXIST. BUILDING FOOTPRINT 5,048 S.F. 2.9% NEW EXTERIOR LOGGIA 517 S.F. 9 EXIST. HARDSCAPE ,539 S.F. 24.3% NEW HARDSCAPE 11,606 S.F. 29.6% EXIST. LANDSCAPE 13,262 S.F. 33.8% NEW LANDSCAPE 11,195 S.F. 28.5% PL ILOING AREA EXIST. GROUND FLOOR AREA 5,048 S.F. EXIST. 2NO ElOOR ARTA---Z�--" EXIST. TOTAL BUILDING AREA 7,764 S.F. I CURRIE SOWARDS AGUILA architects / Architecture, Planning, Interiors, & sustainable Design 185D LRAY BEACH,AVENU R 3%83SUITE 1Ol T:(661) 276-4951 F:L661) 24.— E -MALL: 76fi 9 I F:(561) 24 mm ISSUED FOR BIDS PERMIT 10/05/2018 CONSTRUCTION SEAL POOL PLATFORM 7" 8.5+H =FC.EC 'IIiE TOP OF PROMENADE O BOYLE RESIDENCE RENOVATION POOL PLATFORM STEP DOWN TO PROMENADE 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA REVISIONS NUM. DESCRIPTION DATE SITE BOUNDARY AND INFORMATION BASED ON Rlxl DING CODES FLORIDA BUILDING CODE _ RESIDENTIAL 2017 ORDER / 12-iOOdb DATE NOV 4, 2013 REVISED SEPT 23, 2014 FLORIDA BUILDING CODE - ELECTRICAL 2017 * DEerRIPT10N RENOVATION OF THE E)(TERIOR. ADDITION OF LOGGIA TO FLORIDA BUILDING CODE - EXISTING 2017 PLATFORM. TO PROVIDE EVERY DETAIL OR (YES) LOCAL AMENDMENTS I LEII., DEerRIPTION 5, HIDDEN HARBOUR ESTATES, ACCORDING TO THE PUT SUBMffTALS AND OTHER COORDINATION EFFORTS IS FULLY A' \ Jv FLOE pATA FLORIDA BUILDING CODE OCCUPANCY TYPE CONSTRUCTION R-3 SINGLE FAMILY RESIDENCE TYPE VB -UNSPRINKLERED V\\",J• TYPE OF MAX. HEIGHT 40' 1BUILDING a.,u m..V zoso:-aaonc-z y0 rz.,\osaM. 0 MA%. AREA PER FLOOR UUL N IST LEVEL 5,048 S.F. 1 2ND LEVEL 2,716 S.F. el_ TE DATA SITE AREA 39,243 S.F. 0.90 AC. EXIST. WATER AREA 11,394 S.F. 29.OX EXIST. BUILDING FOOTPRINT 5,048 S.F. 2.9% NEW EXTERIOR LOGGIA 517 S.F. 9 EXIST. HARDSCAPE ,539 S.F. 24.3% NEW HARDSCAPE 11,606 S.F. 29.6% EXIST. LANDSCAPE 13,262 S.F. 33.8% NEW LANDSCAPE 11,195 S.F. 28.5% PL ILOING AREA EXIST. GROUND FLOOR AREA 5,048 S.F. EXIST. 2NO ElOOR ARTA---Z�--" EXIST. TOTAL BUILDING AREA 7,764 S.F. I CURRIE SOWARDS AGUILA architects / Architecture, Planning, Interiors, & sustainable Design 185D LRAY BEACH,AVENU R 3%83SUITE 1Ol T:(661) 276-4951 F:L661) 24.— E -MALL: 76fi 9 I F:(561) 24 mm ISSUED FOR BIDS PERMIT 10/05/2018 CONSTRUCTION SEAL POOL PLATFORM 7" 8.5+H =FC.EC 'IIiE TOP OF PROMENADE O BOYLE RESIDENCE RENOVATION POOL PLATFORM STEP DOWN TO PROMENADE 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA REVISIONS NUM. DESCRIPTION DATE SITE BOUNDARY AND INFORMATION BASED ON A SURVEY PROVIDED BY: O'BRIEN, SUITER h WOMEN, INC. ORDER / 12-iOOdb DATE NOV 4, 2013 REVISED SEPT 23, 2014 THESE DRAWINGS ARE PREPARED * DEerRIPT10N RENOVATION OF THE E)(TERIOR. ADDITION OF LOGGIA TO PER ESTABLISHED INDUSTRY STANDARDS AND REPRESENT THE WEST END OF HOUSE. NEW POOL AND EXPANDED POOL ARCHITECT AND ENGINEERS DESIGN CONCEPT. THEY ARE NOT INTENDED PLATFORM. TO PROVIDE EVERY DETAIL OR CONDITION REQUIRED TO CONSTRUCT THE BUILDING. THE CONTRACTORTHROUGH LEII., DEerRIPTION 5, HIDDEN HARBOUR ESTATES, ACCORDING TO THE PUT SUBMffTALS AND OTHER COORDINATION EFFORTS IS FULLY LOT THEREOF AS RECORDED IN PLAT BOOK 36, PAGE 110, PUBLIC RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL RECORDS OF PALM BEACH COUNTY. FLORIDA. WHETHER INDICATED ON PCN 20-43-46-09-48-000-0050 1BUILDING a.,u m..V zoso:-aaonc-z y0 rz.,\osaM. 0 xa woo6x xAxBox on. DRAWING TITLE CD SITE PLAN N 1 T-4 DATE BY DRAWN . -Wry 10-5-2018 I JC rwmnawc. V 1 JOB NUMBER 120902 B H DRAWINUER fy- Al N LOCATION MAP W -01 a Renee Basel From:Trey Nazzaro Sent:Friday, March 1, 2019 9:52 AM To:OConnor, Joanne M. Subject:O'Boyle Proposed Dock/Promenade The Proposed Dock and the Town’s Code. As the Town understands it, O’Boyle proposes to construct a dock 12 feet wide and extending the entire length of his property (from the east property line to the west property line). The Proposed Dock was first brought up by O’Boyle’s personal attorney, Bill Ring, in April of 2017 as part of a larger application for a building permit. The Proposed Dock was denied later that year, but became a point of discussion during settlement negotiations in May of 2018 and throughout the later part of 2018. On February 20, 2019, Ring met with the Town to submit renewed plans for the Proposed Dock, advocating an alternate theory for approval. The Town advised Ring on February 28, 2019 that the Proposed Dock still violated the Town Code and would not be approved as submitted. Ring noted at that time that the Proposed Dock would likely be brought up at this mediation. In previous communications about the Proposed Dock, Ring suggested that the dock was permitted (along with any other future improvements to O’Boyle’s property) because the 2013 Settlement Agreement between O’Boyle and the Town references the Town Code as it was in place in 1981, and section 66-369 regulating docks (specifically the regulations that no dock shall exceed five feet in width and shall have a minimum setback from the property lines of 15 feet) was not in effect at that time. However, water structures such as docks were carved out of the 2013 Settlement Agreement so the current code section 66-369 applies. The latest theory is to call the dock a “promenade” and to not allow docking at the “promenade” because docks are defined in the Town Code as follows: Dock shall mean an accessory structure built on pilings over water, no part of which floats on water, and which is designed or used primarily to provide dockage for and access to one or more boats or water vessels for private use. The Town does not find this argument persuasive. Any improvements contemplated by Mr. O’Boyle in the form of docks or other water structures are plainly subject to the current Town Code, including its restrictions on Docks. The Town Code prohibits the promenade/dock as proposed. The size of the proposed dock also carries the real potential of restricting the abutting property owners’ use and enjoyment of their property and thereby expose the Town to additional litigation for infringing on those rights. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 1 Notice: 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 Renee Basel From:Trey Nazzaro Sent:Friday, March 1, 2019 9:52 AM To:OConnor, Joanne M. Subject:O'Boyle Proposed Dock/Promenade The Proposed Dock and the Town’s Code. As the Town understands it, O’Boyle proposes to construct a dock 12 feet wide and extending the entire length of his property (from the east property line to the west property line). The Proposed Dock was first brought up by O’Boyle’s personal attorney, Bill Ring, in April of 2017 as part of a larger application for a building permit. The Proposed Dock was denied later that year, but became a point of discussion during settlement negotiations in May of 2018 and throughout the later part of 2018. On February 20, 2019, Ring met with the Town to submit renewed plans for the Proposed Dock, advocating an alternate theory for approval. The Town advised Ring on February 28, 2019 that the Proposed Dock still violated the Town Code and would not be approved as submitted. Ring noted at that time that the Proposed Dock would likely be brought up at this mediation. In previous communications about the Proposed Dock, Ring suggested that the dock was permitted (along with any other future improvements to O’Boyle’s property) because the 2013 Settlement Agreement between O’Boyle and the Town references the Town Code as it was in place in 1981, and section 66-369 regulating docks (specifically the regulations that no dock shall exceed five feet in width and shall have a minimum setback from the property lines of 15 feet) was not in effect at that time. However, water structures such as docks were carved out of the 2013 Settlement Agreement so the current code section 66-369 applies. The latest theory is to call the dock a “promenade” and to not allow docking at the “promenade” because docks are defined in the Town Code as follows: Dock shall mean an accessory structure built on pilings over water, no part of which floats on water, and which is designed or used primarily to provide dockage for and access to one or more boats or water vessels for private use. The Town does not find this argument persuasive. Any improvements contemplated by Mr. O’Boyle in the form of docks or other water structures are plainly subject to the current Town Code, including its restrictions on Docks. The Town Code prohibits the promenade/dock as proposed. The size of the proposed dock also carries the real potential of restricting the abutting property owners’ use and enjoyment of their property and thereby expose the Town to additional litigation for infringing on those rights. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 1 Notice: 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 Renee Basel From:Trey Nazzaro Sent:Friday, March 1, 2019 9:52 AM To:OConnor, Joanne M. Subject:O'Boyle Proposed Dock/Promenade The Proposed Dock and the Town’s Code. As the Town understands it, O’Boyle proposes to construct a dock 12 feet wide and extending the entire length of his property (from the east property line to the west property line). The Proposed Dock was first brought up by O’Boyle’s personal attorney, Bill Ring, in April of 2017 as part of a larger application for a building permit. The Proposed Dock was denied later that year, but became a point of discussion during settlement negotiations in May of 2018 and throughout the later part of 2018. On February 20, 2019, Ring met with the Town to submit renewed plans for the Proposed Dock, advocating an alternate theory for approval. The Town advised Ring on February 28, 2019 that the Proposed Dock still violated the Town Code and would not be approved as submitted. Ring noted at that time that the Proposed Dock would likely be brought up at this mediation. In previous communications about the Proposed Dock, Ring suggested that the dock was permitted (along with any other future improvements to O’Boyle’s property) because the 2013 Settlement Agreement between O’Boyle and the Town references the Town Code as it was in place in 1981, and section 66-369 regulating docks (specifically the regulations that no dock shall exceed five feet in width and shall have a minimum setback from the property lines of 15 feet) was not in effect at that time. However, water structures such as docks were carved out of the 2013 Settlement Agreement so the current code section 66-369 applies. The latest theory is to call the dock a “promenade” and to not allow docking at the “promenade” because docks are defined in the Town Code as follows: Dock shall mean an accessory structure built on pilings over water, no part of which floats on water, and which is designed or used primarily to provide dockage for and access to one or more boats or water vessels for private use. The Town does not find this argument persuasive. Any improvements contemplated by Mr. O’Boyle in the form of docks or other water structures are plainly subject to the current Town Code, including its restrictions on Docks. The Town Code prohibits the promenade/dock as proposed. The size of the proposed dock also carries the real potential of restricting the abutting property owners’ use and enjoyment of their property and thereby expose the Town to additional litigation for infringing on those rights. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 1 Notice: 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 From:Trey Nazzaro To:OConnor, Joanne M. Subject:O"Boyle Proposed Dock/Promenade Date:Friday, March 1, 2019 9:51:45 AM This Message originated outside your organization.   The Proposed Dock and the Town’s Code. As the Town understands it, O’Boyle proposes to construct a dock 12 feet wide and extending the entire length of his property (from the east property line to the west property line). The Proposed Dock was first brought up by O’Boyle’s personal attorney, Bill Ring, in April of 2017 as part of a larger application for a building permit. The Proposed Dock was denied later that year, but became a point of discussion during settlement negotiations in May of 2018 and throughout the later part of 2018. On February 20, 2019, Ring met with the Town to submit renewed plans for the Proposed Dock, advocating an alternate theory for approval. The Town advised Ring on February 28, 2019 that the Proposed Dock still violated the Town Code and would not be approved as submitted. Ring noted at that time that the Proposed Dock would likely be brought up at this mediation. In previous communications about the Proposed Dock, Ring suggested that the dock was permitted (along with any other future improvements to O’Boyle’s property) because the 2013 Settlement Agreement between O’Boyle and the Town references the Town Code as it was in place in 1981, and section 66-369 regulating docks (specifically the regulations that no dock shall exceed five feet in width and shall have a minimum setback from the property lines of 15 feet) was not in effect at that time. However, water structures such as docks were carved out of the 2013 Settlement Agreement so the current code section 66-369 applies. The latest theory is to call the dock a “promenade” and to not allow docking at the “promenade” because docks are defined in the Town Code as follows: Dock shall mean an accessory structure built on pilings over water, no part of which floats on water, and which is designed or used primarily to provide dockage for and access to one or more boats or water vessels for private use. The Town does not find this argument persuasive. Any improvements contemplated by Mr. O’Boyle in the form of docks or other water structures are plainly subject to the current Town Code, including its restrictions on Docks. The Town Code prohibits the promenade/dock as proposed. The size of the proposed dock also carries the real potential of restricting the abutting property owners’ use and enjoyment of their property and thereby expose the Town to additional litigation for infringing on those rights.   Thanks,   Trey   Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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.   Renee Basel From:Trey Nazzaro Sent:Monday, April 15, 2019 1:32 PM To:Randolph, John C. Cc:'OConnor, Joanne M.' Subject:O'Boyle Settlement Default Letter (deck/dock) Attachments:O'Boyle Default Letter (Deck-Dock).pdf Mr. Randolph, On Friday, the Town received an appeal regarding the denial of the deck/dock/promenade. It will be heard by the Board of Adjustment at the next commission meeting, Friday, May 10 at 9 am. I was hoping you could come to the meeting. In related news, Rita received the attached notice of default regarding the above referenced denial, specifically that the denial is a breach of the 2013 Settlement Agreement. Joanne was also sent a copy via certified mail. Please give me a call at your convenience to discuss. Best, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. 1 Rita Taylor From: Michelle Melicia <mmelicia@commerce-group.com> Sent: Monday, April 15, 2019 12:01 PM To: Rita Taylor Cc: William Ring; Martin E. O'Boyle Subject: DEFAULT Letter to Gulf Stream 4.15.2019 AS SENT Attachments: DEFAULT Letter to Gulf Stream 4.15.2019 AS SENT .pdf Hello Ms. Rita Taylor, Please see the attached letter from Mr. O'Boyle that was also sent via Certified Mail today 4.15.2019. Thank you, M�cL�zCCe McGi Commerce Group Group 1280 West Newport Center Dr. Deerfield Beach, FL 33442 Direct: 954-834-2203 Main: 954-360-7713 Fax: 954-360-0807 Email: mmelicia@commerce-group.com 1 COMMERCE GROUP - Teo P commerce-grou p.com Direct Dial Telephone #954-570-3505 April 15, 2019 VIA CERTIFIED MAIL # 7o131ow 0000 781 4o�7 VIA EMAIL: rtaylorPgulf-stream.org TELEPHONE #.s61 -276-x116 Town of Gulf Steam loo Sea Road Gulf Stream, FL 33483 Attn: Rita Taylor, Town Clerk Re: Notice of Default - Settlement Agreement dated July 26, 2013 (the "Settlement Agreement") Dear Rita L. Taylor, Clerk: By this letter, Martin E. O'Boyle hereby provides notice that your continuing refusal to approve the construction of the Promenade as shown on the attached Site Plan (dated 10/5/18, last revised 2/20/19 with Promenade Revision (the "Promenade Plan")) constitutes a breach in your obligations of the Settlement Agreement. Please allow this correspondence to serve as the Town's Notice of Default pursuant to the Settlement Agreement. You have an opportunity to cure this default within ten (1o) days from the date of this letter by approving the Promenade Plan. Should you fail to cure the default as aforesaid, I will pursue all available legal and equitable rights and remedies; and all rights and remedies available to me under the Settlement Agreement. Considering the foregoing, we urge you to promptly (and within ten (1o) days) approve the Promenade Plan. Sincerely yours, Martin E. O'Boyle Cc: Joanne O'Connor via Certified Mail #70131090 0000 7813 4020 William F. Ring via Email xAwlAwo mmerce-group.com TEL 954360.7713 . FAx. 954.360.0807 1280 WEST NEWPORT CENTER DRIVE, DEERFIELD BEACH, FLORIDA 33442 " � I �� ;� 7 5{ /�[ r4 uLn<�� 4 a �� ,!|! |H N! k.m _ go&k612�3w k ED 10 .01 �� �� ��� �� �% . � | % | � | I �� | a, � | | ||��E|�|�%||� � | a, , |�� Renee Basel From:Trey Nazzaro Sent:Monday, April 15, 2019 1:32 PM To:Randolph, John C. Cc:'OConnor, Joanne M.' Subject:O'Boyle Settlement Default Letter (deck/dock) Attachments:O'Boyle Default Letter (Deck-Dock).pdf Mr. Randolph, On Friday, the Town received an appeal regarding the denial of the deck/dock/promenade. It will be heard by the Board of Adjustment at the next commission meeting, Friday, May 10 at 9 am. I was hoping you could come to the meeting. In related news, Rita received the attached notice of default regarding the above referenced denial, specifically that the denial is a breach of the 2013 Settlement Agreement. Joanne was also sent a copy via certified mail. Please give me a call at your convenience to discuss. Best, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. 1 Renee Basel From:Trey Nazzaro Sent:Monday, April 15, 2019 1:32 PM To:Randolph, John C. Cc:'OConnor, Joanne M.' Subject:O'Boyle Settlement Default Letter (deck/dock) Attachments:O'Boyle Default Letter (Deck-Dock).pdf Mr. Randolph, On Friday, the Town received an appeal regarding the denial of the deck/dock/promenade. It will be heard by the Board of Adjustment at the next commission meeting, Friday, May 10 at 9 am. I was hoping you could come to the meeting. In related news, Rita received the attached notice of default regarding the above referenced denial, specifically that the denial is a breach of the 2013 Settlement Agreement. Joanne was also sent a copy via certified mail. Please give me a call at your convenience to discuss. Best, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. 1 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Monday, April 8, 2019 10:26 AM To:Trey Nazzaro Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade thanks -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Monday, April 8, 2019 9:22 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, The denial date is the date of the letter, March 15, 2019. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Thursday, April 4, 2019 4:56 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Thanks Trey - is my denial date the date of the letter or the date I received it. Letter was 3/15/19 and we received it 3/20/19 -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, March 28, 2019 10:05 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, 1 Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: 2 As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 3 Renee Basel From:Trey Nazzaro Sent:Monday, April 8, 2019 9:22 AM To:William Ring Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, The denial date is the date of the letter, March 15, 2019. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Thursday, April 4, 2019 4:56 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Thanks Trey - is my denial date the date of the letter or the date I received it. Letter was 3/15/19 and we received it 3/20/19 -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, March 28, 2019 10:05 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - 1 Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). 2 I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 3 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, April 4, 2019 4:56 PM To:Trey Nazzaro Cc:William Ring Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade Thanks Trey - is my denial date the date of the letter or the date I received it. Letter was 3/15/19 and we received it 3/20/19 -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, March 28, 2019 10:05 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade 1 Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:Trey Nazzaro Sent:Thursday, March 28, 2019 10:05 AM To:William Ring Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade Attachments:Application for Appeal of Final Action of Planning & Building Administrator.pdf Bill, Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring 1 -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Tuesday, March 26, 2019 5:02 PM To:Trey Nazzaro Cc:Rita Taylor; William Ring Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 1 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:Trey Nazzaro Sent:Monday, April 8, 2019 9:22 AM To:William Ring Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, The denial date is the date of the letter, March 15, 2019. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Thursday, April 4, 2019 4:56 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Thanks Trey - is my denial date the date of the letter or the date I received it. Letter was 3/15/19 and we received it 3/20/19 -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, March 28, 2019 10:05 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - 1 Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). 2 I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 3 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, April 4, 2019 4:56 PM To:Trey Nazzaro Cc:William Ring Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade Thanks Trey - is my denial date the date of the letter or the date I received it. Letter was 3/15/19 and we received it 3/20/19 -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, March 28, 2019 10:05 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade 1 Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:Trey Nazzaro Sent:Thursday, March 28, 2019 10:05 AM To:William Ring Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade Attachments:Application for Appeal of Final Action of Planning & Building Administrator.pdf Bill, Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring 1 -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Tuesday, March 26, 2019 5:02 PM To:Trey Nazzaro Cc:Rita Taylor; William Ring Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 1 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Monday, April 8, 2019 10:26 AM To:Trey Nazzaro Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade thanks -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Monday, April 8, 2019 9:22 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, The denial date is the date of the letter, March 15, 2019. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Thursday, April 4, 2019 4:56 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Thanks Trey - is my denial date the date of the letter or the date I received it. Letter was 3/15/19 and we received it 3/20/19 -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, March 28, 2019 10:05 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, 1 Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: 2 As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 3 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Monday, April 8, 2019 10:26 AM To:Trey Nazzaro Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade thanks -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Monday, April 8, 2019 9:22 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, The denial date is the date of the letter, March 15, 2019. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Thursday, April 4, 2019 4:56 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Thanks Trey - is my denial date the date of the letter or the date I received it. Letter was 3/15/19 and we received it 3/20/19 -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, March 28, 2019 10:05 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, 1 Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: 2 As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 3 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Monday, April 8, 2019 10:26 AM To:Trey Nazzaro Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade thanks -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Monday, April 8, 2019 9:22 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, The denial date is the date of the letter, March 15, 2019. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Thursday, April 4, 2019 4:56 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Thanks Trey - is my denial date the date of the letter or the date I received it. Letter was 3/15/19 and we received it 3/20/19 -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, March 28, 2019 10:05 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, 1 Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: 2 As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 3 Renee Basel From:Trey Nazzaro Sent:Monday, April 8, 2019 9:22 AM To:'William Ring' Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, The denial date is the date of the letter, March 15, 2019. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Thursday, April 4, 2019 4:56 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Thanks Trey - is my denial date the date of the letter or the date I received it. Letter was 3/15/19 and we received it 3/20/19 -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, March 28, 2019 10:05 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - 1 Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). 2 I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 3 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Thursday, April 4, 2019 4:56 PM To:Trey Nazzaro Cc:William Ring Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade Thanks Trey - is my denial date the date of the letter or the date I received it. Letter was 3/15/19 and we received it 3/20/19 -----Original Message----- From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, March 28, 2019 10:05 AM To: William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Bill, Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade 1 Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:Trey Nazzaro Sent:Thursday, March 28, 2019 10:05 AM To:'William Ring' Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade Attachments:Application for Appeal of Final Action of Planning & Building Administrator.pdf Bill, Good to hear from you -- I hope you are well. I spoke with Rita, who communicated to me the following: The attached appeal form will need to be timely submitted (30 days from date of denial) with a $400 appeal fee. If the appeal is timely filed, it will be heard by the Board of Adjustment on May 10. The Town Commission sits as the Board of Adjustment as stated in the Town Code. I refer you to Chapter 66, Article V, Division 5 - Appeals of the Code for additional information. The Code in its entirety is available here: https://library.municode.com/fl/gulf_stream/codes/code_of_ordinances Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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. -----Original Message----- From: William Ring <wring@commerce-group.com> Sent: Tuesday, March 26, 2019 5:02 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: Rita Taylor <RTaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring 1 -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Tuesday, March 26, 2019 5:02 PM To:Trey Nazzaro Cc:Rita Taylor; William Ring Subject:RE: 23 Hidden Harbour - Application and Plan - Promenade Rita/Trey: Also - following up on my email below - we are struggling to understand the Town's statement in Ms. Taylor's letter that "The 2013 Settlement Agreement ... does not apply to structures in the water". Would the Town please elaborate on that. Thanks Bill Ring -----Original Message----- From: William Ring Sent: Tuesday, March 26, 2019 10:48 AM To: 'Trey Nazzaro' <TNazzaro@gulf-stream.org> Cc: 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Application and Plan - Promenade Dear Trey: As you may know, on March 11, 2019 I submitted on behalf of Martin O'Boyle (owner of 23 Hidden Habour Dr.) a Building Permit Application and a Site Plan dated 10/5/18 (with 2-20-19 Promenade Revision) requesting approval for, inter alia, a Promenade along the rear portion of Mr. O'Boyle's home. Attached is a letter dated 3/15/19 (received 3/20/19) from Town Clerk Rita Taylor. The letter denied our Plan/Application and returned to me the Application and the Site Plan (and the application fee). I would like to appeal this denial to the next level (Is that the Architectural Review Board?). I would like to discuss with you the next steps. Please give me a call or otherwise email me instructions. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 1 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:Trey Nazzaro Sent:Thursday, June 15, 2017 11:46 AM To:Randolph, John C. Subject:RE: 23 Hidden Harbour - Dock - Gulf Stream Attachments:last page settlement agreement.pdf; development agreement survey.pdf; PBC OR Book 26343 Page 1285.pdf Mr. Randolph, With respect to the Dock issue, I found the following note from the Coastal Star in October of 2013 from an article covering Gulf Stream: Approved unanimously a development agreement with resident Martin O’Boyle that permits him to remodel his except for dock and property on North Hidden Harbour Drive under the building code as it existed in 1981 canal structures . The deal is part of the court settlement of 21 of O’Boyle’s 22 lawsuits against the town following the March denial of his request for a 25-foot-tall entryway and others changes. O’Boyle also received $180,000 and an apology from the town. O’Boyle removed paintings and signs from his home criticizing town officials. O’Boyle and the town are negotiating the final lawsuit over the cost of public records requests. That article is available here: http://thecoastalstar.com/profiles/blogs/gulf-stream-balking-at-price-town-drops- light-pole-purchase Given that the Coastal Star was under the impression that “dock and canal structures” were not included as part of the development agreement that referenced the 1981 code, I looked further and found the following two items of interest: 1. The last paragraph on page 15 of the settlement agreement, paragraph 36, (attached as “last page settlement agreement”) states: 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 the intercostal waterway, the private roads, and the common property line to the west 2. The survey provided by O’Boyle from O’Brien, Suiter & O’Brien, Inc. of the property, with the land portion, called the Building Envelope “cross-hatched”; and the water area outlined to the center of the canal and called “WATER.” The language on the survey reads as follows (attached as “development agreement survey”): Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water”, provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the 1 area designated “Water” remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area. The pages referenced above have been recorded as part of a complete document in the public records of Palm Beach County, Official Record Book 26343, Page 1285. The 42 pages included as part of that recording have been attached, obtained from Palm Beach County’s records for your review and reference. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: Randolph, John C. \[mailto:JRandolph@jonesfoster.com\] Sent: Wednesday, June 14, 2017 1:20 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: Fwd: 23 Hidden Harbour - Dock - Gulf Stream Thoughts? Sent from my iPhone Begin forwarded message: From: William Ring <wring@oboylelawfirm.com> Date: June 14, 2017 at 12:48:20 PM EDT To: "Randolph, John C." <JRandolph@jonesfoster.com> Cc: William Ring <wring@oboylelawfirm.com> Subject: 23 Hidden Harbour - Dock - Gulf Stream This message originated from outside your organization Skip: Following up on my previous emails, we need to get an answer on the proposed Dock. The other permits are winding their way through Delray Beach, and I would like to resolve the Dock issue soon. As I mentioned before, I believe the proposed Dock fits within the terms and conditions of the Development and Settlement Agreement and the Town should approve it (and the current code does not apply since it did not exist in 1981). So that its handy, attached is that portion of the Settlement Agreement referencing the 1981 date. 2 Thank you for previously sending to me the September Minutes regarding the Development Agreement meeting. Although I do not think the meeting minutes are necessarily meaningful, I point out the July Settlement Agreement meeting minutes discussed 1981 date as the date of reference. We believe the Dock will be beautiful. I am hopeful that you can speak with someone at the Town and get their “ok” on the proposed Dock plan. Thanks Bill Ring William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 4:26 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 FYI - Skip and Tom – attached is that portion of the Developers Agreement referencing “1981”. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 3:12 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue Hello Skip and Tom: Happy Easter and Spring. Since you both worked on the O’Boyle Development Agreement with me, I wanted to let you both know that I was in Town Hall yesterday with new/revised plans for the O’Boyle House at 23 Hidden Harbour. For the most part, everything went well with my meeting with Ms. Taylor and Mr. Thrasher and I obtained most of the sign offs/approvals I needed for the submittal to Delray Beach. We are hopeful to begin renovations soon and I am sure everyone will be happy to see the house look better. 3 However, we did have a disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to provide me with their blessing for the Dock. In that connection, attached pleased find sheets A1.01 (Site Plan) and A1.02 (Enlarged Site Plan). Generally, I believe its Ms. Taylor’s position that the Dock width is limited to 5 feet by the current code. I believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve it (and the current code does not apply). I am requesting that you review the attached plans and the Development Agreement and advise the Town to provide me their approval for this Dock. The sooner the better. Thanks Bill Ring PS – I point out that Mr. O’Boyle may have to obtain a dock-building permit from Delray Beach and/or other approvals from the Army Corps or the DEP; so, the Town may not have any authority over the matter, but I would like to obtain their approval nonetheless. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Randolph, John C. \[mailto:JRandolph@jonesfoster.com\] Sent: Monday, September 23, 2013 10:40 AM To: William Ring Subject: RE: developement agreement - oboyle Great! Thank you. The original document will be delivered to me today for recording. John C. Randolph Attorney Direct Dial: 561.650.0458 | Fax: 561.650.5300 | jrandolph@jonesfoster.com Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 4 Renee Basel From:Trey Nazzaro Sent:Thursday, June 15, 2017 11:46 AM To:Randolph, John C. Subject:RE: 23 Hidden Harbour - Dock - Gulf Stream Attachments:last page settlement agreement.pdf; development agreement survey.pdf; PBC OR Book 26343 Page 1285.pdf Mr. Randolph, With respect to the Dock issue, I found the following note from the Coastal Star in October of 2013 from an article covering Gulf Stream: Approved unanimously a development agreement with resident Martin O’Boyle that permits him to remodel his except for dock and property on North Hidden Harbour Drive under the building code as it existed in 1981 canal structures . The deal is part of the court settlement of 21 of O’Boyle’s 22 lawsuits against the town following the March denial of his request for a 25-foot-tall entryway and others changes. O’Boyle also received $180,000 and an apology from the town. O’Boyle removed paintings and signs from his home criticizing town officials. O’Boyle and the town are negotiating the final lawsuit over the cost of public records requests. That article is available here: http://thecoastalstar.com/profiles/blogs/gulf-stream-balking-at-price-town-drops- light-pole-purchase Given that the Coastal Star was under the impression that “dock and canal structures” were not included as part of the development agreement that referenced the 1981 code, I looked further and found the following two items of interest: 1. The last paragraph on page 15 of the settlement agreement, paragraph 36, (attached as “last page settlement agreement”) states: 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 the intercostal waterway, the private roads, and the common property line to the west 2. The survey provided by O’Boyle from O’Brien, Suiter & O’Brien, Inc. of the property, with the land portion, called the Building Envelope “cross-hatched”; and the water area outlined to the center of the canal and called “WATER.” The language on the survey reads as follows (attached as “development agreement survey”): Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water”, provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the 1 area designated “Water” remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area. The pages referenced above have been recorded as part of a complete document in the public records of Palm Beach County, Official Record Book 26343, Page 1285. The 42 pages included as part of that recording have been attached, obtained from Palm Beach County’s records for your review and reference. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: Randolph, John C. \[mailto:JRandolph@jonesfoster.com\] Sent: Wednesday, June 14, 2017 1:20 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: Fwd: 23 Hidden Harbour - Dock - Gulf Stream Thoughts? Sent from my iPhone Begin forwarded message: From: William Ring <wring@oboylelawfirm.com> Date: June 14, 2017 at 12:48:20 PM EDT To: "Randolph, John C." <JRandolph@jonesfoster.com> Cc: William Ring <wring@oboylelawfirm.com> Subject: 23 Hidden Harbour - Dock - Gulf Stream This message originated from outside your organization Skip: Following up on my previous emails, we need to get an answer on the proposed Dock. The other permits are winding their way through Delray Beach, and I would like to resolve the Dock issue soon. As I mentioned before, I believe the proposed Dock fits within the terms and conditions of the Development and Settlement Agreement and the Town should approve it (and the current code does not apply since it did not exist in 1981). So that its handy, attached is that portion of the Settlement Agreement referencing the 1981 date. 2 Thank you for previously sending to me the September Minutes regarding the Development Agreement meeting. Although I do not think the meeting minutes are necessarily meaningful, I point out the July Settlement Agreement meeting minutes discussed 1981 date as the date of reference. We believe the Dock will be beautiful. I am hopeful that you can speak with someone at the Town and get their “ok” on the proposed Dock plan. Thanks Bill Ring William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 4:26 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 FYI - Skip and Tom – attached is that portion of the Developers Agreement referencing “1981”. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 3:12 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue Hello Skip and Tom: Happy Easter and Spring. Since you both worked on the O’Boyle Development Agreement with me, I wanted to let you both know that I was in Town Hall yesterday with new/revised plans for the O’Boyle House at 23 Hidden Harbour. For the most part, everything went well with my meeting with Ms. Taylor and Mr. Thrasher and I obtained most of the sign offs/approvals I needed for the submittal to Delray Beach. We are hopeful to begin renovations soon and I am sure everyone will be happy to see the house look better. 3 However, we did have a disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to provide me with their blessing for the Dock. In that connection, attached pleased find sheets A1.01 (Site Plan) and A1.02 (Enlarged Site Plan). Generally, I believe its Ms. Taylor’s position that the Dock width is limited to 5 feet by the current code. I believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve it (and the current code does not apply). I am requesting that you review the attached plans and the Development Agreement and advise the Town to provide me their approval for this Dock. The sooner the better. Thanks Bill Ring PS – I point out that Mr. O’Boyle may have to obtain a dock-building permit from Delray Beach and/or other approvals from the Army Corps or the DEP; so, the Town may not have any authority over the matter, but I would like to obtain their approval nonetheless. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Randolph, John C. \[mailto:JRandolph@jonesfoster.com\] Sent: Monday, September 23, 2013 10:40 AM To: William Ring Subject: RE: developement agreement - oboyle Great! Thank you. The original document will be delivered to me today for recording. John C. Randolph Attorney Direct Dial: 561.650.0458 | Fax: 561.650.5300 | jrandolph@jonesfoster.com Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 4 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Wednesday, February 27, 2019 6:20 PM To:Trey Nazzaro Cc:William Ring Subject:RE: 23 Hidden Harbour - Promenade - Trey – can we schedule 15 minutes tomorrow. I would like to know the direction we are heading with this. Thanks Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Wednesday, February 27, 2019 6:20 PM To:Trey Nazzaro Cc:William Ring Subject:RE: 23 Hidden Harbour - Promenade - Trey – can we schedule 15 minutes tomorrow. I would like to know the direction we are heading with this. Thanks Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 2 Renee Basel From:Randolph, John C. <JRandolph@jonesfoster.com> Sent:Monday, March 4, 2019 3:37 PM To:Trey Nazzaro Cc:OConnor, Joanne M. Subject:RE: 23 Hidden Harbour - Promenade - Trey, Do you need anything further in regard to this matter, or is this matter resolved, at least from the Town’s standpoint? Thank you. John C. Randolph Attorney Jones Foster P.A. 561 650 0458 – D 561 650 5300 – F 561 659 3000 – O jrandolph@jonesfoster.com Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, February 21, 2019 12:40 PM To: Randolph, John C. <JRandolph@jonesfoster.com> Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: FW: 23 Hidden Harbour - Promenade - This Message originated outside your organization. FYI Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 1 Notice: 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: William Ring <wring@commerce-group.com> Sent: Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:Trey Nazzaro Sent:Monday, March 4, 2019 3:41 PM To:Randolph, John C. Cc:OConnor, Joanne M. Subject:RE: 23 Hidden Harbour - Promenade - Skip, Rita advised Bill Ring last week that the dock/promenade would not be approved as submitted. I will let you know of any future developments. Thank you as always for your expertise. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Monday, March 4, 2019 3:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: 23 Hidden Harbour - Promenade - Trey, Do you need anything further in regard to this matter, or is this matter resolved, at least from the Town’s standpoint? Thank you. John C. Randolph Attorney Jones Foster P.A. 561 650 0458 – D 561 650 5300 – F 561 659 3000 – O 1 jrandolph@jonesfoster.com The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, February 21, 2019 12:40 PM To: Randolph, John C. <JRandolph@jonesfoster.com> Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: FW: 23 Hidden Harbour - Promenade - This Message originated outside your organization. FYI Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: William Ring <wring@commerce-group.com> Sent: Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. 2 Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 3 Renee Basel From:Randolph, John C. <JRandolph@jonesfoster.com> Sent:Monday, March 4, 2019 3:37 PM To:Trey Nazzaro Cc:OConnor, Joanne M. Subject:RE: 23 Hidden Harbour - Promenade - Trey, Do you need anything further in regard to this matter, or is this matter resolved, at least from the Town’s standpoint? Thank you. John C. Randolph Attorney Jones Foster P.A. 561 650 0458 – D 561 650 5300 – F 561 659 3000 – O jrandolph@jonesfoster.com Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, February 21, 2019 12:40 PM To: Randolph, John C. <JRandolph@jonesfoster.com> Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: FW: 23 Hidden Harbour - Promenade - This Message originated outside your organization. FYI Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 1 Notice: 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: William Ring <wring@commerce-group.com> Sent: Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:Trey Nazzaro Sent:Monday, March 4, 2019 3:41 PM To:Randolph, John C. Cc:OConnor, Joanne M. Subject:RE: 23 Hidden Harbour - Promenade - Skip, Rita advised Bill Ring last week that the dock/promenade would not be approved as submitted. I will let you know of any future developments. Thank you as always for your expertise. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Monday, March 4, 2019 3:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: 23 Hidden Harbour - Promenade - Trey, Do you need anything further in regard to this matter, or is this matter resolved, at least from the Town’s standpoint? Thank you. John C. Randolph Attorney Jones Foster P.A. 561 650 0458 – D 561 650 5300 – F 561 659 3000 – O 1 jrandolph@jonesfoster.com The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, February 21, 2019 12:40 PM To: Randolph, John C. <JRandolph@jonesfoster.com> Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: FW: 23 Hidden Harbour - Promenade - This Message originated outside your organization. FYI Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: William Ring <wring@commerce-group.com> Sent: Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. 2 Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 3 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Wednesday, February 27, 2019 6:20 PM To:Trey Nazzaro Cc:William Ring Subject:RE: 23 Hidden Harbour - Promenade - Trey – can we schedule 15 minutes tomorrow. I would like to know the direction we are heading with this. Thanks Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Wednesday, February 27, 2019 6:20 PM To:Trey Nazzaro Cc:William Ring Subject:RE: 23 Hidden Harbour - Promenade - Trey – can we schedule 15 minutes tomorrow. I would like to know the direction we are heading with this. Thanks Bill Ring From: William Ring Sent: Thursday, February 21, 2019 12:37 PM To: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 2 Renee Basel From:Trey Nazzaro Sent:Monday, March 4, 2019 3:41 PM To:'Randolph, John C.' Cc:OConnor, Joanne M. Subject:RE: 23 Hidden Harbour - Promenade - Skip, Rita advised Bill Ring last week that the dock/promenade would not be approved as submitted. I will let you know of any future developments. Thank you as always for your expertise. Best regards, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: Randolph, John C. <JRandolph@jonesfoster.com> Sent: Monday, March 4, 2019 3:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: 23 Hidden Harbour - Promenade - Trey, Do you need anything further in regard to this matter, or is this matter resolved, at least from the Town’s standpoint? Thank you. John C. Randolph Attorney Jones Foster P.A. 561 650 0458 – D 561 650 5300 – F 561 659 3000 – O 1 jrandolph@jonesfoster.com The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, February 21, 2019 12:40 PM To: Randolph, John C. <JRandolph@jonesfoster.com> Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: FW: 23 Hidden Harbour - Promenade - This Message originated outside your organization. FYI Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: 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: William Ring <wring@commerce-group.com> Sent: Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. 2 Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 3 Renee Basel From:Randolph, John C. <JRandolph@jonesfoster.com> Sent:Monday, March 4, 2019 3:37 PM To:Trey Nazzaro Cc:OConnor, Joanne M. Subject:RE: 23 Hidden Harbour - Promenade - Trey, Do you need anything further in regard to this matter, or is this matter resolved, at least from the Town’s standpoint? Thank you. John C. Randolph Attorney Jones Foster P.A. 561 650 0458 – D 561 650 5300 – F 561 659 3000 – O jrandolph@jonesfoster.com Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Thursday, February 21, 2019 12:40 PM To: Randolph, John C. <JRandolph@jonesfoster.com> Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: FW: 23 Hidden Harbour - Promenade - This Message originated outside your organization. FYI Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 1 Notice: 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: William Ring <wring@commerce-group.com> Sent: Thursday, February 21, 2019 12:37 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade - Trey: Thank you for speaking with me yesterday morning. Attached is a copy of the Plan I submitted to you yesterday. I thought this might assist you in your review. As discussed, we believe the 12’ Wide Promenade and the 5’ wide boat Dock shown on the Plan is permitted under, inter alia, the Gulf Stream Code (both current and 1981) and the terms of our 2013 Settlement Agreement. The Promenade as shown is not a “Dock”. This Plan will look great and is compatible with its neighbors, as the former commissioner’s house across this wide turning basin has materially the same look. Further, I point out the “Dolphins” and “boat lifts” installed in this private canal extend at least 20 to 25 into the private canal. Also, as a matter of practicality, the Owner retains the right to back-fill this private canal and relocate the seawall, and therefore could achieve the same result (the same “look”) as shown on the Plan. Trey, if you need additional information, please let me know. I would like to obtain approval for this in the next several days/early next week. Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 2 Renee Basel From:William Ring <wring@commerce-group.com> Sent:Wednesday, March 20, 2019 11:29 AM To:Rita Taylor Subject:RE: 23 Hidden Harbour - Promenade Plan Received your letter/package today. Bill From: William Ring Sent: Tuesday, March 19, 2019 12:51 PM To: 'Rita Taylor' <rtaylor@gulf-stream.org> Cc: 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF-STREAM.ORG>; William Ring <wring@commerce-group.com> Subject: 23 Hidden Harbour - Promenade Plan Rita – I am following up on the Application and Promenade Plan and Application Fee that was hand delivered to you on th Monday March 11. Any news? Thanks Bill Ring William Ring Real Estate and Development Commerce Realty Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3510 Cell: 954-328-4383 Fax: 954-360-0807 1 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Tuesday, March 6, 2018 10:37 AM To:Rita Taylor; Greg Dunham; Renee Basel Cc:William Ring; Jonathan O'Boyle; Michelle Melicia; Brenda Russell Subject:Re: Below is a request made pursuant to Chapter 119 of the Florida statutes Renee - thank you for seeing me this morning. The request that I made is in the first paragraph of my email below. It is quite simple. I could repeat it, but I see no constructive purpose in doing so. Unfortunately, what you provided to me was not responsive to my request. In that connection, what I want to know is if there were there any such laws or policies in effect in 1981 or before. Please provide solely the information in response to the request in the first paragraph below. If there weren't, simply say so. I will come back this afternoon to pick up the response if I need to. In the real world, I cannot understand why the town would not be able to respond within moments from this supplemental or clarifying request. I now wait you're kind and prompt response. Thank you!:-) Sent from my LG G5, an AT&T 4G LTE smartphone ------ Original message------ From: Martin E. O’Boyle Date: Tue, Mar 6, 2018 8:55 AM To: 'rtaylor@gulf-stream.org';'gdunham@gulf-stream.org'; Cc: William Ring;Jonathan O'Boyle;'Michelle Melicia (mmelicia@commerce-group.com)';Brenda Russell; Subject: Below is a request made pursuant to Chapter 119 of the Florida statutes Dear Mdm. custodian of records: Kindly provide me with any laws and/or policies which prohibit driving piles in water to accommodate the installation of docks, which were in effect on or before December 31, 1981. I will arrive at the town Hall is morning to remake this request verbally; and will sit and wait for the responsive documents, which should be available at the fingertips of you or the town manager. As always, your kind cooperation is appreciated. I 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: 561 213 3486 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com 1 2 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Thursday, December 6, 2018 2:46 PM To:Renee Basel Cc:William Ring Subject:RE: Construction Site Management Handbook Renee – your statements below are incorrect. I am a licensed contractor. The project is underway. The permit is on site. It sounds like the Town wants to “run up another $1mm in legal fees”. If that is their wish, I will oblige. Now, with these “recent discoveries”, please advise if the Town’s position remains the same. 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, December 6, 2018 2:42 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Construction Site Management Handbook Good afternoon, Mr. O’Boyle: Believing construction on your site was imminent, the Town tried to meet with you on three occasions to review the Construction Site Management Handbook prior to the commencement of your work. However, the Town Manager confirmed that your permit has not been issued and today you told the Town Clerk that you have not yet hired anyone to perform the work. Based on these recent discoveries, the Town Manager believes a construction meeting is premature at this time and is postponing your meeting scheduled for December 7 at 8:00 AM. Once your permit is issued by the City of Delray Beach, please contact us and we will promptly reschedule this meeting. 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 1 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 Renee Basel From:Randolph, John C. <JRandolph@jonesfoster.com> Sent:Friday, June 30, 2017 2:59 PM To:'wring@oboylelawfirm.com' Cc:Rita Taylor; Greg Dunham; OConnor, Joanne M.; Leach, Janet C. Subject:Re: Development Agreement - O'Boyle - 2017 Plans - Dock Issue Attachments:20170630145428783.pdf Dear Bill: In response to your e-mail of June 27, I have conferred with Rita Taylor who has advised me that the plans filed by Mr. O'Boyle referenced in your e-mail have been reviewed by the Town. Mr. O'Boyle will be hearing from the Town shortly in regard to such review. It is my understanding that certain portions of the plans relating to the deck are ready to be processed by the building permit upon receiving the necessary construction drawings relating thereto. I am further advised, as to the dock, that the plans as presented cannot be approved as the plans are not in conformity with the applicable sections of the Town Code relating to docks. You have alleged and your client has stated in correspondence to the Town dated June 16 and June 19, 2017 that the dock is permitted based upon the terms of the Settlement Agreement between the parties dated July 26, 2013. Your assertion is, as I understand it, based upon paragraph 35 of the Agreement which provides, in part, "to the extent that the scope and/or 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." You allege that because the 1981 Code had no limitation on docks that your client is entitled to build a dock in conformity with the plans submitted to the Town. On behalf of the Town, I disagree with your assertion in this regard for the reasons stated below which reasons are not intended to be exhaustive in the event of a future challenge or subsequent litigation. It was clearly the intent of the Town and, we believe all parties to the Agreement, that the Property referenced in paragraph 35 of the Agreement, when read in para materia with paragraph 36, relates to that portion of the Property which was in dispute and defined in paragraph 36 which reads as follows: "36. Building Envelope. The Development Agreement will: (a) include a survey provided by O'Boyle, which survey shall provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between intercostal (sic) waterway, the private roads and the common property line to the west." The Development Agreement referenced in that paragraph was signed and agreed to by the parties on September 17, 2013. That Agreement in paragraph 19 references the Building Envelope and states as follows: "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 (sic), however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town." Exhibit C describes the Building Envelope as the "Cross-Hatched" area. The Cross-Hatched area does not include the water. Exhibit C contains the following language: 1 "Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) ("Water Structures") may be constructed and/or installed in the area designated hereon as "Water", provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated "Water" remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area." The Minutes at which this Development Agreement was approved are attached. These Minutes clearly reflect the intention of the parties in regard to this matter. Town Council Baird made it clear at that hearing that any water structures were required to be approved by the Town of Gulf Stream, “which means that the Town will follow its Code Section 66- 369 in terms of docks.” Further on in the meeting Resolution No. 013-04 approving the Development Agreement was approved unanimously. That meeting was held on September 17, 2013 and the Development Agreement was executed on that same date. Based upon the above, the understanding of the parties, their intent and their written agreement appears clear. On this basis, the Town will require, if Mr. O'Boyle wishes to proceed with the construction of a dock in the area designated as water in Exhibit C of the Development Agreement, that he file plans with the Town which are consistent with the requirements of Town Code. Very truly yours, John C. Randolph Attorney Telephone: 561.650.0458 | Fax: 561.650.5300 | jrandolph@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 2 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Monday, July 17, 2017 6:24 PM To:Rita Taylor Cc:William Ring; Brenda Russell Subject:RE: Letter from Rita Taylor regarding 23 North Hidden Harbour Drive. GS, FL responding to your E-Mail of July 5, 2017 - 1101 Hello Ms. Taylor – I hope this email finds you well. Thank you for your letter of July 10, 2017. I have attached a copy for convenience. I will respond to your letter as it applies to the dock in short order. In the meantime, neither you nor Mr. Randolph (in his June 30, 2017 letter (which I just saw last week) address why the Town is withholding approval of my pool. Aside from “Bad Faith” is there another reason? Your prompt response to this inquiry would be appreciated. Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 1 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Monday, July 17, 2017 6:24 PM To:Rita Taylor Cc:William Ring; Brenda Russell Subject:RE: Letter from Rita Taylor regarding 23 North Hidden Harbour Drive. GS, FL responding to your E-Mail of July 5, 2017 - 1101 Hello Ms. Taylor – I hope this email finds you well. Thank you for your letter of July 10, 2017. I have attached a copy for convenience. I will respond to your letter as it applies to the dock in short order. In the meantime, neither you nor Mr. Randolph (in his June 30, 2017 letter (which I just saw last week) address why the Town is withholding approval of my pool. Aside from “Bad Faith” is there another reason? Your prompt response to this inquiry would be appreciated. Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 1 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Monday, July 17, 2017 6:24 PM To:Rita Taylor Cc:William Ring; Brenda Russell Subject:RE: Letter from Rita Taylor regarding 23 North Hidden Harbour Drive. GS, FL responding to your E-Mail of July 5, 2017 - 1101 Hello Ms. Taylor – I hope this email finds you well. Thank you for your letter of July 10, 2017. I have attached a copy for convenience. I will respond to your letter as it applies to the dock in short order. In the meantime, neither you nor Mr. Randolph (in his June 30, 2017 letter (which I just saw last week) address why the Town is withholding approval of my pool. Aside from “Bad Faith” is there another reason? Your prompt response to this inquiry would be appreciated. Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 1 Renee Basel From:Trey Nazzaro Sent:Friday, June 1, 2018 4:39 PM To:OConnor, Joanne M.; Randolph, John C. Subject:RE: O’Boyle The mayor does not think continuing to have meetings will be productive. It is my understanding that Elaine and Bill are fully aware of the issues concerning both the dock and the remaining cases. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Friday, June 1, 2018 2:22 PM To: Randolph, John C. <JRandolph@jonesfoster.com>; Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: Fwd: O’Boyle I am out this afternoon . Could be available Tuesday or wed am but suggest trey ask the mayor if he wants us to meet with them. Sent from my iPhone Begin forwarded message: From: Elaine James <ejjames50@icloud.com> Date: June 1, 2018 at 2:11:33 PM EDT To: "Ms. Joanne Marie O'Connor Esq." <joconnor@jonesfoster.com> Cc: <MMacfarlane@jonesfoster.com> Subject:O’Boyle This message originated from outside your organization Good afternoon Joanne. I am writing to follow up on voicemail I left for you. Bill Ring and I think it would be a good idea for Skip, Trey, Bill, you and I to meet to discuss the dock and issues related to other cases (excluding 4474 and 3721). Might your crew will be available in the afternoon on June 5 or sometime on June 6? Bill and I would be happy to come to your office. Please let me know. Thanks and have a good weekend 1 Sent from my iPhone 2 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Monday, May 13, 2019 8:45 AM To:Renee Basel; Rita Taylor Cc:Michelle Melicia Subject:FW: GS #2705 (Dock - Promenade - 23 Hidden Harbour) Attachments:GS #2705 (Dock - Promenade - 23 N Hidden Harbour.prod.part.pdf Dear Ms. Basel & Madam Custodian of Records kindly see the below: Renee - Your attached letter was not necessary. Further, I’m not sure whether it violates the law; but, it seems to me that it creates a breach of the Settlement Agreement. I will let counsel decide these items and proceed accordingly. Now, as to your letter, the last 2 paragraphs state (written by me in blue; f rom you in yellow) see below: 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. RESPONSE: 1.Your request for $40.46 is absurd, for, inter alia, for the reasons stated above. That said, I want the records; and I am prepared to have the $40.46 delivered (reserving my rights) to the Town this morning, if you continue to require it. If you do, it will be sent with the conditions as set forth in this and prior emails (see yellow above). 2.The request as made in the attached stands. 3.Reminding you that 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. 4.I point out that this simple request was made on April 16, 2018. A five day letter was sent on April 30, 2019 (which was ignored); a subsequent 5 day letter was sent on May 4, 2019, which was, likewise ignored. 5.At this juncture, I will give a further extension of the 5 day notice most recently send until the end of business on Wednesday May 15, 2019, after which I will file a lawsuit to force the Town from its pattern of violating the law and refusing to produce records; presumably, to satisfy the Mayor’s insatiable appetite to feed his ego; to punish people requesting information from his Kingdom; and to fatten the pockets of his personal attorney, Robert Sweetapple, while disregarding the fiduciary responsibility to the taxpayers and his obligation to follow the law. 1 Renee – I can’t make myself any clearer. Enough with the game playing. Please advise if the Town’s position is that I must deliver the $40.46, let me know immediately so I could handle this morning. Otherwise, I will expect the records by Wednesday as aforesaid. 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, May 7, 2019 3:46 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2705 (Dock - Promenade - 23 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 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 Renee Basel From:Trey Nazzaro Sent:Friday, June 1, 2018 4:39 PM To:'OConnor, Joanne M.'; Randolph, John C. Subject:RE: O’Boyle The mayor does not think continuing to have meetings will be productive. It is my understanding that Elaine and Bill are fully aware of the issues concerning both the dock and the remaining cases. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Friday, June 1, 2018 2:22 PM To: Randolph, John C. <JRandolph@jonesfoster.com>; Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: Fwd: O’Boyle I am out this afternoon . Could be available Tuesday or wed am but suggest trey ask the mayor if he wants us to meet with them. Sent from my iPhone Begin forwarded message: From: Elaine James <ejjames50@icloud.com> Date: June 1, 2018 at 2:11:33 PM EDT To: "Ms. Joanne Marie O'Connor Esq." <joconnor@jonesfoster.com> Cc: <MMacfarlane@jonesfoster.com> Subject:O’Boyle This message originated from outside your organization Good afternoon Joanne. I am writing to follow up on voicemail I left for you. Bill Ring and I think it would be a good idea for Skip, Trey, Bill, you and I to meet to discuss the dock and issues related to other cases (excluding 4474 and 3721). Might your crew will be available in the afternoon on June 5 or sometime on June 6? Bill and I would be happy to come to your office. Please let me know. Thanks and have a good weekend 1 Sent from my iPhone 2 Renee Basel From:Trey Nazzaro Sent:Thursday, May 24, 2018 4:58 PM To:OConnor, Joanne M. Subject:RE: O'Boyle Give me a call when you have a chance. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Thursday, May 24, 2018 3:21 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: RE: O'Boyle Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Wednesday, May 23, 2018 4:50 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: O'Boyle 1 This message originated from outside your organization Joanne, You have asked me to lay out the Town’s position on whether a dock 12 feet wide and extending the length of the property (from the easterly property line to the westerly property line) can be installed at 23 North Hidden Harbour Drive (the “Residence”). The current Gulf Stream Town Code regulates Docks in Article VIII – Supplemental District Regulations, Division 2 – Accessory Structures and Recreational Facilities, Section 66-369 – Docks. The proposed dock at the Residence violates at least two parts of Section 66-369, subsection (6) b, which reads “No dock shall exceed five feet in width” and subsection (6) e, which creates a ‘docking zone’ and which, relevant to the proposed dock at the residence, reads, “For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15-foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage.” As the code prohibits the dock as proposed, the Town cannot approve it. It has been suggested that the Town would be able to approve the proposed dock even if it violates the Town Code to avoid additional litigation. However, due to the size of the dock, the Town believes that the proposed dock would restrict the abutting property owners use of their property, and has the potential to expose the Town to additional litigation for approving something inconsistent with the Town Code that infringes on the rights of abutting property owners. In previous discussions about the proposed dock, it was suggested that the 2013 Settlement and Development Agreement between the Town and O’Boyle would permit the proposed dock because the 2013 Settlement Agreement references the Town Code as it was in place in 1981, and section 66-369 was not in effect at that time. In support of this position, O’Boyle references a reservation of rights clause in paragraph 35 of the Settlement Agreement, which reads: 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 on the Property, to the extent that the scope and/or size of the 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. Further, the following paragraph 36 clarifies the “property” as defined in paragraph 35, and contemplates the later-adopted “Development Agreement” as follows: 36. Building Envelope. The Development Agreement will (a) include a survey provided by O’Boyle, which survey shall provide a Building Envelope for the property (as designated by O’Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between the intercoastal waterway, the private roads, and the common property line to the west. Subsequent to the date of the Settlement Agreement, the parties executed the Development Agreement. That Agreement at paragraph 19 references the Building Envelope and states as follows: 2 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. The Building Envelope as described in the 2103 Settlement Agreement was clearly marked as contemplated as “the area between the intercoastal waterway, the private roads, and the common property line to the west” in the Development Agreement. Exhibit C to the Development Agreement further explains that: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water” provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated “Water” remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area. The Settlement Agreement and Development Agreement, together with the language on Exhibit C is very clear in regard to the intent of the parties. The Development Agreement was discussed at a public meeting, wherein the Town Commission was advised that the exhibit C language, which had been added and agreed to by O’Boyle, meant that the Town would follow the Town Code Section 66-369 in terms of docks, and that anything placed in the water would have to conform to the Town Code. The Coastal Star Newspaper covered this meeting, and noted as part of the article that the commission “Approved unanimously a development agreement with resident Martin O’Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed in 1981 except for dock and canal structures.”http://thecoastalstar.com/profiles/blogs/gulf-stream- balking-at-price-town-drops-light-pole-purchase If you would like to discuss further, please let me know. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Tuesday, May 15, 2018 9:50 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: O'Boyle Elaine James again asked about the dock. I think it would help to give her bullet points re what we understand O’Boyle seeks, why he thinks he is entitled to it (perhaps excerpting language he relies on from Development Agreement) and why he is not (including our Code provisions). Is this something that you could put together? 3 Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 4 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Thursday, December 6, 2018 2:40 PM To:OConnor, Joanne M. Cc:Elaine James (ejjames50@icloud.com); Elaine Johnson James; William Ring; L. Martin Reeder Jr (Martin@AthertonLG.com); Trey Nazzaro; 'rsweetapple@sweetapplelaw.com' Subject:RE: O'Boyle - Gulf Stream Settlement - 1101 23 N Hidden Harbour - Retro Joanne-I wanted to make you aware that I spoke to Rita. I have an appointment at 8:00 AM in the morning. I believe that, after the meeting, you will find that there are "no issues". Your efforts are much appreciated. My goal is to promptly reach finality. I hope the Town shares that go with me. If they do, we will certainly get done. I now believe things in your hands. Thank you again! :-) 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Thursday, December 6, 2018 12:06 PM To: Martin E. O’Boyle <meo@commerce-group.com> Cc: Elaine James (ejjames50@icloud.com) <ejjames50@icloud.com>; Elaine Johnson James <ejames@elainejohnsonjames.com>; William Ring <wring@commerce-group.com>; L. Martin Reeder Jr (Martin@AthertonLG.com) <Martin@AthertonLG.com>; 'TNAZZARO@GULF-STREAM.ORG' <TNAZZARO@GULF- STREAM.ORG>; 'rsweetapple@sweetapplelaw.com' <rsweetapple@sweetapplelaw.com> Subject: RE: O'Boyle - Gulf Stream Settlement - 1101 23 N Hidden Harbour - Retro The Town intends to hold a special meeting to consider your signed settlement agreement. While we understand that you have the right to withdraw that agreement if it is not accepted by noon tomorrow, the Town intends to consider it before next Wednesday’s trial. Commissioners are being contacted now to determine when that meeting can occur. As you are aware, tomorrow is not an option. Once a date and time are determined, notice will be provided. Please contact Town Hall to arrange to meet to discuss the construction at 23 N. Hidden Harbour. I will be tied up this afternoon on another matter but hope that on both sides we can continue to move this along in a positive direction. 1 Regards, Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Martin E. O’Boyle <meo@commerce-group.com> Sent: Thursday, December 06, 2018 11:59 AM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Elaine James (ejjames50@icloud.com) <ejjames50@icloud.com>; Elaine Johnson James <ejames@elainejohnsonjames.com>; William Ring <wring@commerce-group.com>; L. Martin Reeder Jr (Martin@AthertonLG.com) <Martin@AthertonLG.com> Subject: RE: O'Boyle - Gulf Stream Settlement - 1101 23 N Hidden Harbour - Retro This message originated from outside your organization Joanne? 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: Thursday, December 6, 2018 8:37 AM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Elaine James (ejjames50@icloud.com) <ejjames50@icloud.com>; Elaine Johnson James <ejames@elainejohnsonjames.com>; William Ring <wring@commerce-group.com>; L. Martin Reeder Jr 2 (Martin@AthertonLG.com) <Martin@AthertonLG.com> Subject: Re: O'Boyle - Gulf Stream Settlement - 1101 23 N Hidden Harbour - Retro Excellent! Can I go over there shortly? If I appear personally and review the plans with them, I think everyone’s guard will go down. My problem is beginning mid morning I am pretty busy until the evening. That said, if they want to meet in the evening that’s fine; if they want to meet now that’s fine; if you want to be there, I will try to move things around to accommodate you.. Let me know ASAP 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 561-383-1221 Cell: E-mail: meo@commerce-group.com Web Page: www.commerce-group.com On Dec 6, 2018, at 8:34 AM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: Thanks. I am in a court hearing until 9:30 this morning but will follow up with the Town and you as soon as I am out. I alerted them last night to your offer to meet and they will be reviewing your plans first thing this morning. Sent from my iPhone On Dec 6, 2018, at 6:22 AM, Martin E. O’Boyle <meo@commerce-group.com> wrote: This message originated from outside your organization Joanne – following our conversation of last evening, if you would like for me to meet st with anyone from the Town, I could do so 1 thing this morning. Joanne, I know that you are frustrated (as am I), but I think the problem is that you do not yet have a sense of the scope of the work and the time and elements needed for completion. A look at the plans (which the Town has and which I could bring with me) should clear that up. In that connection, as Bill said last evening, we do not believe that our activities will violate the noise ordinance, save pumping concrete for the platform and the pool in the rear, which in the scheme of things will take just days; and is only necessary because we are working within very tight quarters. In any event, you will let me know the Town’s wishes. I await your advice. Thank you. 3 PS: It would be wonderful if you could meet me at the Town (and I also invite either (or both) of my lawyers to be there), whereupon I could review the scope with you and the others. Assuming you could do that, I believe that your concerns will rest. 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 4 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Thursday, May 24, 2018 3:21 PM To:Trey Nazzaro Subject:RE: O'Boyle Attachments:1UY4163-james re proposed dock o'boyle.DOCX Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Wednesday, May 23, 2018 4:50 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: O'Boyle This message originated from outside your organization Joanne, You have asked me to lay out the Town’s position on whether a dock 12 feet wide and extending the length of the property (from the easterly property line to the westerly property line) can be installed at 23 North Hidden Harbour Drive (the “Residence”). The current Gulf Stream Town Code regulates Docks in Article VIII – Supplemental District Regulations, Division 2 – Accessory Structures and Recreational Facilities, Section 66-369 – Docks. The proposed dock at the Residence violates at least two parts of Section 66-369, subsection (6) b, which reads “No dock shall exceed five feet in width” and subsection (6) e, which creates a ‘docking zone’ and which, relevant to the proposed dock at the residence, reads, “For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15-foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage.” As the code prohibits the dock as proposed, the Town cannot approve it. It has been suggested that the Town would be able to approve the proposed dock even if it violates the Town Code to avoid additional 1 litigation. However, due to the size of the dock, the Town believes that the proposed dock would restrict the abutting property owners use of their property, and has the potential to expose the Town to additional litigation for approving something inconsistent with the Town Code that infringes on the rights of abutting property owners. In previous discussions about the proposed dock, it was suggested that the 2013 Settlement and Development Agreement between the Town and O’Boyle would permit the proposed dock because the 2013 Settlement Agreement references the Town Code as it was in place in 1981, and section 66-369 was not in effect at that time. In support of this position, O’Boyle references a reservation of rights clause in paragraph 35 of the Settlement Agreement, which reads: 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 on the Property, to the extent that the scope and/or size of the 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. Further, the following paragraph 36 clarifies the “property” as defined in paragraph 35, and contemplates the later-adopted “Development Agreement” as follows: 36. Building Envelope. The Development Agreement will (a) include a survey provided by O’Boyle, which survey shall provide a Building Envelope for the property (as designated by O’Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between the intercoastal waterway, the private roads, and the common property line to the west. Subsequent to the date of the Settlement Agreement, the parties executed the Development Agreement. That Agreement at paragraph 19 references the Building Envelope and states as follows: 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. The Building Envelope as described in the 2103 Settlement Agreement was clearly marked as contemplated as “the area between the intercoastal waterway, the private roads, and the common property line to the west” in the Development Agreement. Exhibit C to the Development Agreement further explains that: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water” provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated “Water” remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area. The Settlement Agreement and Development Agreement, together with the language on Exhibit C is very clear in regard to the intent of the parties. The Development Agreement was discussed at a public meeting, wherein the Town Commission was advised that the exhibit C language, which had been added and agreed to by O’Boyle, 2 meant that the Town would follow the Town Code Section 66-369 in terms of docks, and that anything placed in the water would have to conform to the Town Code. The Coastal Star Newspaper covered this meeting, and noted as part of the article that the commission “Approved unanimously a development agreement with resident Martin O’Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed in 1981 except for dock and canal structures.”http://thecoastalstar.com/profiles/blogs/gulf-stream- balking-at-price-town-drops-light-pole-purchase If you would like to discuss further, please let me know. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Tuesday, May 15, 2018 9:50 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: O'Boyle Elaine James again asked about the dock. I think it would help to give her bullet points re what we understand O’Boyle seeks, why he thinks he is entitled to it (perhaps excerpting language he relies on from Development Agreement) and why he is not (including our Code provisions). Is this something that you could put together? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 3 Renee Basel From:Trey Nazzaro Sent:Wednesday, May 23, 2018 4:50 PM To:OConnor, Joanne M. Subject:RE: O'Boyle Joanne, You have asked me to lay out the Town’s position on whether a dock 12 feet wide and extending the length of the property (from the easterly property line to the westerly property line) can be installed at 23 North Hidden Harbour Drive (the “Residence”). The current Gulf Stream Town Code regulates Docks in Article VIII – Supplemental District Regulations, Division 2 – Accessory Structures and Recreational Facilities, Section 66-369 – Docks. The proposed dock at the Residence violates at least two parts of Section 66-369, subsection (6) b, which reads “No dock shall exceed five feet in width” and subsection (6) e, which creates a ‘docking zone’ and which, relevant to the proposed dock at the residence, reads, “For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15-foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage.” As the code prohibits the dock as proposed, the Town cannot approve it. It has been suggested that the Town would be able to approve the proposed dock even if it violates the Town Code to avoid additional litigation. However, due to the size of the dock, the Town believes that the proposed dock would restrict the abutting property owners use of their property, and has the potential to expose the Town to additional litigation for approving something inconsistent with the Town Code that infringes on the rights of abutting property owners. In previous discussions about the proposed dock, it was suggested that the 2013 Settlement and Development Agreement between the Town and O’Boyle would permit the proposed dock because the 2013 Settlement Agreement references the Town Code as it was in place in 1981, and section 66-369 was not in effect at that time. In support of this position, O’Boyle references a reservation of rights clause in paragraph 35 of the Settlement Agreement, which reads: 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 on the Property, to the extent that the scope and/or size of the 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. Further, the following paragraph 36 clarifies the “property” as defined in paragraph 35, and contemplates the later-adopted “Development Agreement” as follows: 36. Building Envelope. The Development Agreement will (a) include a survey provided by O’Boyle, which survey shall provide a Building Envelope for the property (as designated by O’Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements 1 within the area between the intercoastal waterway, the private roads, and the common property line to the west. Subsequent to the date of the Settlement Agreement, the parties executed the Development Agreement. That Agreement at paragraph 19 references the Building Envelope and states as follows: 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. The Building Envelope as described in the 2103 Settlement Agreement was clearly marked as contemplated as “the area between the intercoastal waterway, the private roads, and the common property line to the west” in the Development Agreement. Exhibit C to the Development Agreement further explains that: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water” provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated “Water” remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area. The Settlement Agreement and Development Agreement, together with the language on Exhibit C is very clear in regard to the intent of the parties. The Development Agreement was discussed at a public meeting, wherein the Town Commission was advised that the exhibit C language, which had been added and agreed to by O’Boyle, meant that the Town would follow the Town Code Section 66-369 in terms of docks, and that anything placed in the water would have to conform to the Town Code. The Coastal Star Newspaper covered this meeting, and noted as part of the article that the commission “Approved unanimously a development agreement with resident Martin O’Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed in 1981 except for dock and canal structures.”http://thecoastalstar.com/profiles/blogs/gulf-stream- balking-at-price-town-drops-light-pole-purchase. If you would like to discuss further, please let me know. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Tuesday, May 15, 2018 9:50 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: O'Boyle 2 Elaine James again asked about the dock. I think it would help to give her bullet points re what we understand O’Boyle seeks, why he thinks he is entitled to it (perhaps excerpting language he relies on from Development Agreement) and why he is not (including our Code provisions). Is this something that you could put together? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 3 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Thursday, May 24, 2018 3:21 PM To:Trey Nazzaro Subject:RE: O'Boyle Attachments:1UY4163-james re proposed dock o'boyle.DOCX Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Wednesday, May 23, 2018 4:50 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: O'Boyle This message originated from outside your organization Joanne, You have asked me to lay out the Town’s position on whether a dock 12 feet wide and extending the length of the property (from the easterly property line to the westerly property line) can be installed at 23 North Hidden Harbour Drive (the “Residence”). The current Gulf Stream Town Code regulates Docks in Article VIII – Supplemental District Regulations, Division 2 – Accessory Structures and Recreational Facilities, Section 66-369 – Docks. The proposed dock at the Residence violates at least two parts of Section 66-369, subsection (6) b, which reads “No dock shall exceed five feet in width” and subsection (6) e, which creates a ‘docking zone’ and which, relevant to the proposed dock at the residence, reads, “For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15-foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage.” As the code prohibits the dock as proposed, the Town cannot approve it. It has been suggested that the Town would be able to approve the proposed dock even if it violates the Town Code to avoid additional 1 litigation. However, due to the size of the dock, the Town believes that the proposed dock would restrict the abutting property owners use of their property, and has the potential to expose the Town to additional litigation for approving something inconsistent with the Town Code that infringes on the rights of abutting property owners. In previous discussions about the proposed dock, it was suggested that the 2013 Settlement and Development Agreement between the Town and O’Boyle would permit the proposed dock because the 2013 Settlement Agreement references the Town Code as it was in place in 1981, and section 66-369 was not in effect at that time. In support of this position, O’Boyle references a reservation of rights clause in paragraph 35 of the Settlement Agreement, which reads: 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 on the Property, to the extent that the scope and/or size of the 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. Further, the following paragraph 36 clarifies the “property” as defined in paragraph 35, and contemplates the later-adopted “Development Agreement” as follows: 36. Building Envelope. The Development Agreement will (a) include a survey provided by O’Boyle, which survey shall provide a Building Envelope for the property (as designated by O’Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between the intercoastal waterway, the private roads, and the common property line to the west. Subsequent to the date of the Settlement Agreement, the parties executed the Development Agreement. That Agreement at paragraph 19 references the Building Envelope and states as follows: 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. The Building Envelope as described in the 2103 Settlement Agreement was clearly marked as contemplated as “the area between the intercoastal waterway, the private roads, and the common property line to the west” in the Development Agreement. Exhibit C to the Development Agreement further explains that: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water” provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated “Water” remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area. The Settlement Agreement and Development Agreement, together with the language on Exhibit C is very clear in regard to the intent of the parties. The Development Agreement was discussed at a public meeting, wherein the Town Commission was advised that the exhibit C language, which had been added and agreed to by O’Boyle, 2 meant that the Town would follow the Town Code Section 66-369 in terms of docks, and that anything placed in the water would have to conform to the Town Code. The Coastal Star Newspaper covered this meeting, and noted as part of the article that the commission “Approved unanimously a development agreement with resident Martin O’Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed in 1981 except for dock and canal structures.”http://thecoastalstar.com/profiles/blogs/gulf-stream- balking-at-price-town-drops-light-pole-purchase If you would like to discuss further, please let me know. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Tuesday, May 15, 2018 9:50 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: O'Boyle Elaine James again asked about the dock. I think it would help to give her bullet points re what we understand O’Boyle seeks, why he thinks he is entitled to it (perhaps excerpting language he relies on from Development Agreement) and why he is not (including our Code provisions). Is this something that you could put together? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 3 Renee Basel From:Trey Nazzaro Sent:Wednesday, May 23, 2018 4:50 PM To:OConnor, Joanne M. Subject:RE: O'Boyle Joanne, You have asked me to lay out the Town’s position on whether a dock 12 feet wide and extending the length of the property (from the easterly property line to the westerly property line) can be installed at 23 North Hidden Harbour Drive (the “Residence”). The current Gulf Stream Town Code regulates Docks in Article VIII – Supplemental District Regulations, Division 2 – Accessory Structures and Recreational Facilities, Section 66-369 – Docks. The proposed dock at the Residence violates at least two parts of Section 66-369, subsection (6) b, which reads “No dock shall exceed five feet in width” and subsection (6) e, which creates a ‘docking zone’ and which, relevant to the proposed dock at the residence, reads, “For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15-foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage.” As the code prohibits the dock as proposed, the Town cannot approve it. It has been suggested that the Town would be able to approve the proposed dock even if it violates the Town Code to avoid additional litigation. However, due to the size of the dock, the Town believes that the proposed dock would restrict the abutting property owners use of their property, and has the potential to expose the Town to additional litigation for approving something inconsistent with the Town Code that infringes on the rights of abutting property owners. In previous discussions about the proposed dock, it was suggested that the 2013 Settlement and Development Agreement between the Town and O’Boyle would permit the proposed dock because the 2013 Settlement Agreement references the Town Code as it was in place in 1981, and section 66-369 was not in effect at that time. In support of this position, O’Boyle references a reservation of rights clause in paragraph 35 of the Settlement Agreement, which reads: 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 on the Property, to the extent that the scope and/or size of the 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. Further, the following paragraph 36 clarifies the “property” as defined in paragraph 35, and contemplates the later-adopted “Development Agreement” as follows: 36. Building Envelope. The Development Agreement will (a) include a survey provided by O’Boyle, which survey shall provide a Building Envelope for the property (as designated by O’Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements 1 within the area between the intercoastal waterway, the private roads, and the common property line to the west. Subsequent to the date of the Settlement Agreement, the parties executed the Development Agreement. That Agreement at paragraph 19 references the Building Envelope and states as follows: 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. The Building Envelope as described in the 2103 Settlement Agreement was clearly marked as contemplated as “the area between the intercoastal waterway, the private roads, and the common property line to the west” in the Development Agreement. Exhibit C to the Development Agreement further explains that: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water” provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated “Water” remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area. The Settlement Agreement and Development Agreement, together with the language on Exhibit C is very clear in regard to the intent of the parties. The Development Agreement was discussed at a public meeting, wherein the Town Commission was advised that the exhibit C language, which had been added and agreed to by O’Boyle, meant that the Town would follow the Town Code Section 66-369 in terms of docks, and that anything placed in the water would have to conform to the Town Code. The Coastal Star Newspaper covered this meeting, and noted as part of the article that the commission “Approved unanimously a development agreement with resident Martin O’Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed in 1981 except for dock and canal structures.”http://thecoastalstar.com/profiles/blogs/gulf-stream- balking-at-price-town-drops-light-pole-purchase. If you would like to discuss further, please let me know. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Tuesday, May 15, 2018 9:50 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: O'Boyle 2 Elaine James again asked about the dock. I think it would help to give her bullet points re what we understand O’Boyle seeks, why he thinks he is entitled to it (perhaps excerpting language he relies on from Development Agreement) and why he is not (including our Code provisions). Is this something that you could put together? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 3 Renee Basel From:Trey Nazzaro Sent:Tuesday, May 15, 2018 10:03 AM To:OConnor, Joanne M. Subject:RE: O'Boyle Yes. I will have something to you next week, and then we can have a call to discuss. Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Tuesday, May 15, 2018 9:50 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: O'Boyle Elaine James again asked about the dock. I think it would help to give her bullet points re what we understand O’Boyle seeks, why he thinks he is entitled to it (perhaps excerpting language he relies on from Development Agreement) and why he is not (including our Code provisions). Is this something that you could put together? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 Renee Basel From:Trey Nazzaro Sent:Thursday, May 24, 2018 4:58 PM To:OConnor, Joanne M. Subject:RE: O'Boyle Give me a call when you have a chance. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Thursday, May 24, 2018 3:21 PM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: RE: O'Boyle Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Trey Nazzaro <TNazzaro@gulf-stream.org> Sent: Wednesday, May 23, 2018 4:50 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: O'Boyle 1 This message originated from outside your organization Joanne, You have asked me to lay out the Town’s position on whether a dock 12 feet wide and extending the length of the property (from the easterly property line to the westerly property line) can be installed at 23 North Hidden Harbour Drive (the “Residence”). The current Gulf Stream Town Code regulates Docks in Article VIII – Supplemental District Regulations, Division 2 – Accessory Structures and Recreational Facilities, Section 66-369 – Docks. The proposed dock at the Residence violates at least two parts of Section 66-369, subsection (6) b, which reads “No dock shall exceed five feet in width” and subsection (6) e, which creates a ‘docking zone’ and which, relevant to the proposed dock at the residence, reads, “For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15-foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage.” As the code prohibits the dock as proposed, the Town cannot approve it. It has been suggested that the Town would be able to approve the proposed dock even if it violates the Town Code to avoid additional litigation. However, due to the size of the dock, the Town believes that the proposed dock would restrict the abutting property owners use of their property, and has the potential to expose the Town to additional litigation for approving something inconsistent with the Town Code that infringes on the rights of abutting property owners. In previous discussions about the proposed dock, it was suggested that the 2013 Settlement and Development Agreement between the Town and O’Boyle would permit the proposed dock because the 2013 Settlement Agreement references the Town Code as it was in place in 1981, and section 66-369 was not in effect at that time. In support of this position, O’Boyle references a reservation of rights clause in paragraph 35 of the Settlement Agreement, which reads: 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 on the Property, to the extent that the scope and/or size of the 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. Further, the following paragraph 36 clarifies the “property” as defined in paragraph 35, and contemplates the later-adopted “Development Agreement” as follows: 36. Building Envelope. The Development Agreement will (a) include a survey provided by O’Boyle, which survey shall provide a Building Envelope for the property (as designated by O’Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between the intercoastal waterway, the private roads, and the common property line to the west. Subsequent to the date of the Settlement Agreement, the parties executed the Development Agreement. That Agreement at paragraph 19 references the Building Envelope and states as follows: 2 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. The Building Envelope as described in the 2103 Settlement Agreement was clearly marked as contemplated as “the area between the intercoastal waterway, the private roads, and the common property line to the west” in the Development Agreement. Exhibit C to the Development Agreement further explains that: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) (“Water Structures”) may be constructed and/or installed in the area designated hereon as “Water” provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated “Water” remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area. The Settlement Agreement and Development Agreement, together with the language on Exhibit C is very clear in regard to the intent of the parties. The Development Agreement was discussed at a public meeting, wherein the Town Commission was advised that the exhibit C language, which had been added and agreed to by O’Boyle, meant that the Town would follow the Town Code Section 66-369 in terms of docks, and that anything placed in the water would have to conform to the Town Code. The Coastal Star Newspaper covered this meeting, and noted as part of the article that the commission “Approved unanimously a development agreement with resident Martin O’Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed in 1981 except for dock and canal structures.”http://thecoastalstar.com/profiles/blogs/gulf-stream- balking-at-price-town-drops-light-pole-purchase If you would like to discuss further, please let me know. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Tuesday, May 15, 2018 9:50 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: O'Boyle Elaine James again asked about the dock. I think it would help to give her bullet points re what we understand O’Boyle seeks, why he thinks he is entitled to it (perhaps excerpting language he relies on from Development Agreement) and why he is not (including our Code provisions). Is this something that you could put together? 3 Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 4 Renee Basel From:Trey Nazzaro Sent:Tuesday, May 15, 2018 10:03 AM To:'OConnor, Joanne M.' Subject:RE: O'Boyle Yes. I will have something to you next week, and then we can have a call to discuss. Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Tuesday, May 15, 2018 9:50 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: O'Boyle Elaine James again asked about the dock. I think it would help to give her bullet points re what we understand O’Boyle seeks, why he thinks he is entitled to it (perhaps excerpting language he relies on from Development Agreement) and why he is not (including our Code provisions). Is this something that you could put together? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 1 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Friday, August 11, 2017 11:51 AM To:Rita Taylor Cc:William Ring; Brenda Russell; Marty O'Boyle Subject:Re: Pool/Pool Deck – 23 North Hidden Harbour Drive, Gulf Stream, FL (Residence of Martin O’Boyle) Attachments:Sheet_A1.02_Enlarged_Site_Plan.pdf; IMG_2603.jpg; IMG_2604.jpg; IMG_2605.jpg; IMG_2606.jpg; IMG_2607.jpg; IMG_2608.jpg; Rita Taylor 08.03.17.pdf Dear Rita: I send you this E-Mail in furtherance to our most recent telephone conversation regarding the pool deck and the dock. In that connection, I ask you to please note below: POOL DECK 1. I attach a revised plan as prepared by Bob Currie, Architect (Sheet #A1.02, dated 4/7/17, Last Revised 8/10/17). Please see the “clouded” area in the pool area where the note now reads ”POOL DECK (Note Existing Impervious Area to be Refinished)” from the previous note which read: “New Pool Deck”. 2. I attach six (6) photographs which show the existing pool deck. See plan in #1 above 3. Based on the foregoing, there would be no need to have any type of drainage calculations or civil engineering done, since there are no changes to the impervious area. Kindly let me now if you disagree and your basis therefore. 4. Rita, may I now have whatever approvals from you that are necessary for finalization of the deck and the installation of the pool? I am ready to submit to Delray Beach for the Building Permit for the pool and deck. To the extent that there are any applications or fees necessary (as existed in 1981), please let me know. THE DOCK 1. Brenda sent you an E-Mail on August 3, 2017 @11:42 a.m. with an attached letter from me dated August 3, 2017 (a copy of that letter is attached so that it is handy). 2. I see no basis for the Town further delaying its approval (if necessary – which I do not agree that it is) for the dock. 3. If the Town in tends for formally deny my plan for the dock, I ask that they do so immediately so I can take the appropriate actions. Rita, I am trying to get my house done. I don’t like the Town continually fooling with me. Please let me know with a prompt response. 1 Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 2 Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Friday, August 11, 2017 11:51 AM To:Rita Taylor Cc:William Ring; Brenda Russell; Marty O'Boyle Subject:Re: Pool/Pool Deck – 23 North Hidden Harbour Drive, Gulf Stream, FL (Residence of Martin O’Boyle) Attachments:Sheet_A1.02_Enlarged_Site_Plan.pdf; IMG_2603.jpg; IMG_2604.jpg; IMG_2605.jpg; IMG_2606.jpg; IMG_2607.jpg; IMG_2608.jpg; Rita Taylor 08.03.17.pdf Dear Rita: I send you this E-Mail in furtherance to our most recent telephone conversation regarding the pool deck and the dock. In that connection, I ask you to please note below: POOL DECK 1. I attach a revised plan as prepared by Bob Currie, Architect (Sheet #A1.02, dated 4/7/17, Last Revised 8/10/17). Please see the “clouded” area in the pool area where the note now reads ”POOL DECK (Note Existing Impervious Area to be Refinished)” from the previous note which read: “New Pool Deck”. 2. I attach six (6) photographs which show the existing pool deck. See plan in #1 above 3. Based on the foregoing, there would be no need to have any type of drainage calculations or civil engineering done, since there are no changes to the impervious area. Kindly let me now if you disagree and your basis therefore. 4. Rita, may I now have whatever approvals from you that are necessary for finalization of the deck and the installation of the pool? I am ready to submit to Delray Beach for the Building Permit for the pool and deck. To the extent that there are any applications or fees necessary (as existed in 1981), please let me know. THE DOCK 1. Brenda sent you an E-Mail on August 3, 2017 @11:42 a.m. with an attached letter from me dated August 3, 2017 (a copy of that letter is attached so that it is handy). 2. I see no basis for the Town further delaying its approval (if necessary – which I do not agree that it is) for the dock. 3. If the Town in tends for formally deny my plan for the dock, I ask that they do so immediately so I can take the appropriate actions. Rita, I am trying to get my house done. I don’t like the Town continually fooling with me. Please let me know with a prompt response. 1 Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com 2 Renee Basel From:Robert Sweetapple <rsweetapple@sweetapplelaw.com> Sent:Sunday, May 13, 2018 2:27 PM To:scottmorgan75@gmail.com Cc:Trey Nazzaro; Joanne O'Connor Subject:Re: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al I see no relationship between the past or present litigation and this land use request. I cannot recommend that it be processed as a part of any settlement of the public records litigation. This came out of the blue but is further indication of the abusive goals of the litigation scheme. Regards, Bob Sweetapple On May 10, 2018, at 2:54 PM, "scottmorgan75@gmail.com" <scottmorgan75@gmail.com> wrote: From: Martin E. O’Boyle Sent: Thursday, May 10, 2018 2:31 PM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org ; William Ring ; Martin E. O’Boyle Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott: Following my email to you below, I just printed the Agreement that I sent you. I just wanted to send you the attached Plan which is a bigger version of the Exhibit D attached to the Agreement. Thought it would be easier for you to see. Thanks for your consideration. 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 1 From: Martin E. O’Boyle Sent: Thursday, May 10, 2018 10:43 AM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org; William Ring <wring@commerce-group.com>; Martin E. O’Boyle <meo@commerce-group.com> Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott – in furtherance to the below email to you, as promised, attached is a copy of the Settlement Agreement that I executed today (the “Newly Executed SA”). The Newly Executed SA is as represented in the below email. The Newly Executed SA is tendered subject to the following express conditions being satisfied before it is effective (the “Conditions”): 1. That the Town consider the Newly Executed SA at its meeting (in the sun or in the shade) on Friday, May 10, 2018. 2. That the Newly Executed SA be executed by all signatories as shown therein and returned to me, on or before the sooner to occur of: a) the commencement of the trial in any of the listed on Exhibit A to the Newly Executed SA; or b) 5PM EST on Friday, May 24, 2018 (the “Deadline Date”). If the Conditions are not satisfied on or before the Deadline date, the Newly Executed SA shall be withdrawn and of no further effect. Of course, as stated in the email below, we would consider any reasonable changes which the Town would like to make to the Newly Executed SA and which the Town would approve. Thank you for your consideration. 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: Wednesday, May 09, 2018 12:05 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Cc: William Ring <wring@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; 2 Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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 3 Web Page: www.commerce-group.com From: Martin E. O’Boyle Sent: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. 4 Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. _____________________________________________________________________________________ __________________________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. 5 I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 <Exhibit D 11x17Plan05.10.18.pdf> 6 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, May 9, 2018 12:21 PM To:scottmorgan75@gmail.com; Robert Sweetapple; Trey Nazzaro Cc:Randolph, John C. Subject:RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al I am out tomorrow and Friday but available for a call this afternoon if that would be helpful before Friday’s meeting. Copying Skip as he is far more in the loop than me on the house/dock issues. I do note that Rivas just filed another motion to withdraw yesterday, referencing Jonathan O’Boyle’s ability to handle the case and the fact that O’Boyle is no longer returning his calls. And DeSouza is moving to enforce his acceptance of a $90,000 proposal for settlement made by Marty after Marty came up with a number of after-the-fact conditions etc. Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Wednesday, May 09, 2018 12:15 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com>; Robert Sweetapple <rsweetapple@sweetapplelaw.com>; Trey Nazzaro <TNAZZARO@GULF-STREAM.ORG> Subject: Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al This message originated from outside your organization Please see Mr. O’Boyle’s email below. From: Martin E. O’Boyle Sent: Wednesday, May 09, 2018 12:05 PM To: scottmorgan75@gmail.com Cc: William Ring ; rtaylor@gulf-stream.org ; Martin E. O’Boyle Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: 1 On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al 2 CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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. 3 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. 4 Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 5 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Wednesday, May 9, 2018 12:05 PM To:scottmorgan75@gmail.com Cc:William Ring; Rita Taylor; Martin E. O’Boyle Subject:RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:7.26.13 Settlement Agreement Fully Executed.pdf Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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 1 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. 2 Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ 3 Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 4 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Wednesday, May 9, 2018 12:05 PM To:scottmorgan75@gmail.com Cc:William Ring; Rita Taylor; Martin E. O’Boyle Subject:RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Attachments:7.26.13 Settlement Agreement Fully Executed.pdf Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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 1 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. 2 Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ 3 Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 4 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, May 9, 2018 12:21 PM To:scottmorgan75@gmail.com; Robert Sweetapple; Trey Nazzaro Cc:Randolph, John C. Subject:RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al I am out tomorrow and Friday but available for a call this afternoon if that would be helpful before Friday’s meeting. Copying Skip as he is far more in the loop than me on the house/dock issues. I do note that Rivas just filed another motion to withdraw yesterday, referencing Jonathan O’Boyle’s ability to handle the case and the fact that O’Boyle is no longer returning his calls. And DeSouza is moving to enforce his acceptance of a $90,000 proposal for settlement made by Marty after Marty came up with a number of after-the-fact conditions etc. Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Wednesday, May 09, 2018 12:15 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com>; Robert Sweetapple <rsweetapple@sweetapplelaw.com>; Trey Nazzaro <TNAZZARO@GULF-STREAM.ORG> Subject: Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al This message originated from outside your organization Please see Mr. O’Boyle’s email below. From: Martin E. O’Boyle Sent: Wednesday, May 09, 2018 12:05 PM To: scottmorgan75@gmail.com Cc: William Ring ; rtaylor@gulf-stream.org ; Martin E. O’Boyle Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: 1 On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al 2 CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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. 3 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. 4 Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 5 Renee Basel From:Robert Sweetapple <rsweetapple@sweetapplelaw.com> Sent:Sunday, May 13, 2018 2:27 PM To:scottmorgan75@gmail.com Cc:Trey Nazzaro; Joanne O'Connor Subject:Re: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al I see no relationship between the past or present litigation and this land use request. I cannot recommend that it be processed as a part of any settlement of the public records litigation. This came out of the blue but is further indication of the abusive goals of the litigation scheme. Regards, Bob Sweetapple On May 10, 2018, at 2:54 PM, "scottmorgan75@gmail.com" <scottmorgan75@gmail.com> wrote: From: Martin E. O’Boyle Sent: Thursday, May 10, 2018 2:31 PM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org ; William Ring ; Martin E. O’Boyle Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott: Following my email to you below, I just printed the Agreement that I sent you. I just wanted to send you the attached Plan which is a bigger version of the Exhibit D attached to the Agreement. Thought it would be easier for you to see. Thanks for your consideration. 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 1 From: Martin E. O’Boyle Sent: Thursday, May 10, 2018 10:43 AM To: scottmorgan75@gmail.com Cc: rtaylor@gulf-stream.org; William Ring <wring@commerce-group.com>; Martin E. O’Boyle <meo@commerce-group.com> Subject: FW: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Scott – in furtherance to the below email to you, as promised, attached is a copy of the Settlement Agreement that I executed today (the “Newly Executed SA”). The Newly Executed SA is as represented in the below email. The Newly Executed SA is tendered subject to the following express conditions being satisfied before it is effective (the “Conditions”): 1. That the Town consider the Newly Executed SA at its meeting (in the sun or in the shade) on Friday, May 10, 2018. 2. That the Newly Executed SA be executed by all signatories as shown therein and returned to me, on or before the sooner to occur of: a) the commencement of the trial in any of the listed on Exhibit A to the Newly Executed SA; or b) 5PM EST on Friday, May 24, 2018 (the “Deadline Date”). If the Conditions are not satisfied on or before the Deadline date, the Newly Executed SA shall be withdrawn and of no further effect. Of course, as stated in the email below, we would consider any reasonable changes which the Town would like to make to the Newly Executed SA and which the Town would approve. Thank you for your consideration. 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: Wednesday, May 09, 2018 12:05 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Cc: William Ring <wring@commerce-group.com>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org>; 2 Martin E. O’Boyle <meo@commerce-group.com> Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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 3 Web Page: www.commerce-group.com From: Martin E. O’Boyle Sent: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. 4 Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. _____________________________________________________________________________________ __________________________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. 5 I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 <Exhibit D 11x17Plan05.10.18.pdf> 6 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, May 9, 2018 12:21 PM To:scottmorgan75@gmail.com; Robert Sweetapple; Trey Nazzaro Cc:Randolph, John C. Subject:RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al I am out tomorrow and Friday but available for a call this afternoon if that would be helpful before Friday’s meeting. Copying Skip as he is far more in the loop than me on the house/dock issues. I do note that Rivas just filed another motion to withdraw yesterday, referencing Jonathan O’Boyle’s ability to handle the case and the fact that O’Boyle is no longer returning his calls. And DeSouza is moving to enforce his acceptance of a $90,000 proposal for settlement made by Marty after Marty came up with a number of after-the-fact conditions etc. Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Wednesday, May 09, 2018 12:15 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com>; Robert Sweetapple <rsweetapple@sweetapplelaw.com>; Trey Nazzaro <TNAZZARO@GULF-STREAM.ORG> Subject: Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al This message originated from outside your organization Please see Mr. O’Boyle’s email below. From: Martin E. O’Boyle Sent: Wednesday, May 09, 2018 12:05 PM To: scottmorgan75@gmail.com Cc: William Ring ; rtaylor@gulf-stream.org ; Martin E. O’Boyle Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: 1 On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al 2 CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1.A copy of the Settlement Agreement, which I am currently prepared to sign. 2.A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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. 3 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. __________________________________________________________________________________________________ _____________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. 4 Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 5 Renee Basel From:Elaine James <ejjames50@icloud.com> Sent:Monday, June 4, 2018 12:39 PM To:OConnor, Joanne M. Cc:Macfarlane, Mary T.; Randolph, John C. Subject:Re: O’Boyle This message originated from outside your organization Joanne: Thank you for letting me know. I will advise Mr. O’Boyle that the Town is not interested in trying to resolve the issues related to the dock. Best, Elaine Sent from my iPhone On Jun 4, 2018, at 12:29 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: Elaine – My client does not believe that a meeting would be a productive use of time. Your client is fully aware of the issues re the dock and the pending public records cases. Regards, Joanne <image002.jpg> Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Elaine James <ejjames50@icloud.com> Sent: Friday, June 01, 2018 2:12 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> 1 Cc: Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: O’Boyle This message originated from outside your organization Good afternoon Joanne. I am writing to follow up on voicemail I left for you. Bill Ring and I think it would be a good idea for Skip, Trey, Bill, you and I to meet to discuss the dock and issues related to other cases (excluding 4474 and 3721). Might your crew will be available in the afternoon on June 5 or sometime on June 6? Bill and I would be happy to come to your office. Please let me know. Thanks and have a good weekend Sent from my iPhone 2 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Monday, June 4, 2018 12:30 PM To:Elaine James Cc:Macfarlane, Mary T.; Randolph, John C. Subject:RE: O’Boyle Elaine – My client does not believe that a meeting would be a productive use of time. Your client is fully aware of the issues re the dock and the pending public records cases. Regards, Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Elaine James <ejjames50@icloud.com> Sent: Friday, June 01, 2018 2:12 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: O’Boyle This message originated from outside your organization Good afternoon Joanne. I am writing to follow up on voicemail I left for you. Bill Ring and I think it would be a good idea for Skip, Trey, Bill, you and I to meet to discuss the dock and issues related to other cases (excluding 4474 and 3721). Might your crew will be available in the afternoon on June 5 or sometime on June 6? Bill and I would be happy to come to your office. Please let me know. Thanks and have a good weekend Sent from my iPhone 1 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! From:Elaine James To:OConnor, Joanne M. Cc:Macfarlane, Mary T.; Randolph, John C. Subject:Re: O’Boyle Date:Monday, June 4, 2018 12:39:40 PM This message originated from outside your organization Joanne: Thank you for letting me know. I will advise Mr. O’Boyle that the Town is not interested in trying to resolve the issues related to the dock. Best, Elaine Sent from my iPhone On Jun 4, 2018, at 12:29 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: Elaine – My client does not believe that a meeting would be a productive use of time. Your client is fully aware of the issues re the dock and the pending public records cases. Regards, Joanne <image002.jpg>   Joanne M. O’Connor   Florida Bar Board Certified Business Litigation Attorney Telephone:  561.650.0498  |  Fax:  561.650.5300  |  joconnor@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.     From: Elaine James <ejjames50@icloud.com> Sent: Friday, June 01, 2018 2:12 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: O’Boyle This message originated from outside your organization Good afternoon Joanne. I am writing to follow up on voicemail I left for you. Bill Ring and I think it would be a good idea for Skip, Trey, Bill, you and I to meet to discuss the dock and issues related to other cases (excluding 4474 and 3721). Might your crew will be available in the afternoon on June 5 or sometime on June 6? Bill and I would be happy to come to your office. Please let me know. Thanks and have a good weekend Sent from my iPhone Renee Basel From:eservice@myflcourtaccess.com Sent:Friday, March 29, 2019 10:29 AM Subject:SERVICE OF COURT DOCUMENT CASE NUMBER 502014CA003721XXXXMB STOPDIRTYGOVERMENT LLC - TOWN OF GULF STREAM Attachments:Notice Of Taking Deposition.pdf Notice of Service of Court Documents Filing Information Filing #: 87166732 Filing Time: 03/29/2019 10:28:49 AM ET Filer: Joanne M. O'connor 561-659-3000 Court: Fifteenth Judicial Circuit in and for Palm Beach County, Florida Case #: 502014CA003721XXXXMB Court Case #: 50-2014-CA-003721-XXXX-MB Case Style: STOPDIRTYGOVERMENT LLC - TOWN OF GULF STREAM Documents Title File NOTICE DEPOSITION.pdf Notice Of Taking Deposition E-service recipients selected for service: Name Email Address Edward C Nazzaro tnazzaro@gulf-stream.org Elaine Johnson James Esq. ejames@elainejohnsonjames.com ejjames50@icloud.com Joanne M. O'connor joconnor@jonesfoster.com mmacfarlane@jonesfoster.com Edward C Nazzaro tnazzaro@gulf-stream.org 1 Name Email Address Robert A Sweetapple pleadings@sweetapplelaw.com lwills@sweetapplelaw.com rsweetapple@sweetapplelaw.com E-service recipients not selected for service: Name Email Address Charles N. Tetunic hcohen@uww-adr.com Marrett Hanna mhanna@oboylelawfirm.com oboylecourtdocs@oboylelawfirm.com Jonathan Reilly O'Boyle oboylecourtdocs@oboylelawfirm.com joboyle@oboylelawfirm.com jonathanroboyle@gmail.com Robert Rivas rrivas@ssclawfirm.com robertrivas@comcast.net dwilkerson@ssclawfirm.com Matthew T Ramenda mramenda@wsh-law.com dmurphy@wsh-law.com Frederick Hazouri fred@matrixmediation.com Jonathan Reilly O'Boyle oboylecourtdocs@oboylelawfirm.com joboyle@oboylelawfirm.com jonathanroboyle@gmail.com Marrett W. Hanna f3mhanna@yahoo.com Matthew T Ramenda mramenda@wsh-law.com dmurphy@wsh-law.com Robert Rivas rrivas@ssclawfirm.com robertrivas@comcast.net dwilkerson@ssclawfirm.com Rodney G Romano christina@matrixmediation.com 2 This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not receive email. Thank you, The Florida Courts E-Filing Portal request_id#:87166732;Audit#:293911164;UCN#:502014CA003721XXXXMB; 3 Plaintiff, IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY,FLORIDA CASE NO:502014CA003721XXXXMB AH STOPDIRTYGOVERNMENT,LLC vs. TOWN OF GULF STREAM, Defendant. --------------------------_/ DEFENDANT'S NOTICE OF TAKING DUCES TECUM DEPOSITION OF ROBERT RIVAS Please take notice that Defendant will take the deposition of: DEPONENT DATE AND TIME LOCATION Robert Rivas April 5,2019 Jones Foster c/o Elaine James,Esquire 9:30 a.m.505 S.Flagler Drive,Suite 1100 West Palm Beach,FL 33401 (561-659-3000) upon oral examination before a representative of Pleasanton &Marsaa Court Reporting,Notary Public or officer authorized by law to take depositions in the State of Florida and to bring with you the items listed on Exhibit "A"attached hereto or you may be in contempt of court.The oral examination will continue from day to day until completed.This deposition is being taken for the purpose of discovery,for use at trial and for such other purposes as are permitted under the Florida Rules of Civil Procedure. Filing # 87166732 E-Filed 03/29/2019 10:28:49 AM I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via the E-Filing Portal to all counsel on the attached list,this 29th day of March,2019. Jones Foster P.A. Attorneys Defendant 505 South Flagler Drive,Suite 1100 West Palm Beach,Florida 33401 Phone:561-659-3000 Fax:561-650-5300 By:/s/Joanne M.O'Connor Joanne M.O'Connor Florida Bar No.0498807 joconnor@jonesfoster.com 2 STOPDIRTYGOVERNMENT v TOWN OF GULF STREAM CASE NO:502014CA003721XXXXMB AH SERVICE LIST Elaine Johnson James,Esquire Elaine Johnson James,PA Post Office Box 31512 Palm Beach Gardens,Florida 33420 ejames@elainejohnsonjames.com ejjames50@icould.com Joanne M.O'Connor,Esquire Jones Foster P.A. 505 South Flagler Drive,Suite 1100 Post Office.Box 3475 West Palm Beach,FL 33402-3475 joconnor@jonesfoster.com Robert Sweetapple,Esquire Sweetapple Broeker &Varkas,PL 20 S.E.Third Street Boca Raton,FL 33432 pleadings@sweetapplelaw.com rsweetapple@sweetapplelaw.com cmiller@sweetapplelaw.com Edward Nazzaro,Esquire Town of Gulf Stream 100 Sea Road Gulf Stream,FL 33483 Tnazzaro@gulf-stream.org P:\DOCS\13147\00059\PLD\1X97104.DOCX cc:PLEASANTON &MARSAA COURT REPORTING (VIA EMAIL) 3 Exhibit "A" DEFINITIONS 1."Your Firm"means Sachs Sax Caplan,P.L.,including any employees, representatives,attorneys,or other persons or entities acting or purporting to act on the Firm's behalf. 2."Plaintiff"means Stopdirtygovernment,LLC and any of its officers,agents, attorneys or others purporting to act on its behalf including,but not limited to,Martin E. O'Boyle. 3.The "Litigation"means Stopdirlygovernment,LLC v.Town of Gulf Stream, Case No.502014CA003721 pending in the 15th Judicial Circuit in and for Palm Beach County,Florida. DOCUMENTS TO BE PRODUCED: Payment Records 1.Produce all documents,including cancelled checks and records of wire transfer,electronic funds transfer,showing the amount(s)paid by or on behalf of the Plaintiff for any attorneys'fees or costs incurred in this Litigation. 2.Produce all documents reflecting payment of the disputed fees described in the Complaint in Sachs Sax Cap/an,P.L.v.Marlin E.o 'Boy/e ,Case No. 502018CA012296 (Exhibit "1")as pertaining to this Litigation and to case numbers 2014-ca-1 0216;Clio 418,2014-ca-11940;Clio 454 and 2014-ca- 8076;Clio 369 identified on Exhibit B to that Complaint.These documents should include,but are not limited to,any settlement agreements or other communications or documents reflecting the settlement of those disputed fees. 3.Produce all documents reflecting any payment discount or credit provided to Martin O'Boyle or on Martin O'Boyle's behalf for any attorneys'fees or costs incurred in this Litigation including,but not limited to any credits further to objections made by O'Boyle as described in paragraph 8 of the Sachs Sax Caplan Complaint. 4 Disputed Fees 4.Produce all documents and communications relating to the allegations in paragraph 12 of the Sachs Sax Caplan Complaint attached as Exhibit 1. Billing Records 5.Produce any documents not included as exhibits to the Affidavit attached as Exhibit "2"showing the number of hours expended by attorneys and/or any other legal professionals at Your Firm providing any services in this Litigation for Martin O'Boyle. Retainer Agreements 6.Produce any retainer agreements or letters of engagement between Your Firm or any member thereof and Plaintiff in regard to any representation in this Litigation,including any amendments to the engagement agreement attached as Exhibit A to the Sachs Sax Caplan Complaint referenced above. Joint Defense Agreement 7.Any joint defense or common interest agreement by and between Your Firm and any other attorney or law firm regarding the Litigation. P:\DOCS\13147\00059\PLD\1X971 04.DOCX 5 Filing #78446712 E-Filed 09/26/2018 11:56:38 AM IN THE FIFTEENTH JUDICIAL CIRCUIT COURT,PALM BEACH COUNTY, FLORIDA Case No._ SACHS SAX CAPLAN,P.L., Plaintiff, v. MARTIN E.O'BOYLE, Defendant. ----------------------_1 COMPLAINT The Plaintiff,Sachs Sax Caplan,P .L.,sues the Defendant,Martin E. O'Boyle,and alleges: 1.This is an action for money damages arising from the breach of an attorney engagement agreement. 2.Jurisdiction lies in this Court pursuant to art.V,§5(b),Fla.Const., and Fla.Stat.§26.012(2)(a)inasmuch as the matter in controversy exceeds the sum of$15,000. 3.The Plaintiff,Sachs Sax Caplan,P.L.(the "Law Firm"),is a professional limited company organized under the laws of Florida. I 4.Venue is proper in Palm Beach County pursuant to Fla.Stat.§47.011 inasmuch as the Defendant,Martin E.O'Boyle,resides in Palm Beach County and the cause of action accrued in Palm Beach County. 5.On June 16,2017,O'Boyle and the Law Firm entered into a written agreement for the Law Firm to provide legal services to O'Boyle.The firm was to represent O'Boyle and several O'Boyle-controlled shell corporations in ongoing lawsuits on an attached list.A copy of the engagement agreement and list are annexed hereto as Exhibit A and incorporated herein. 6.During the representation,in accordance with the engagement agreement,O'Boyle took a few of the lawsuits off the attached list,and added an additional representation to the matters for which the Law Firm was engaged:The Law Firm was to analyze the potential viability of a suit against the Town of Gulf Stream for breach of a Settlement Agreement reached with O'Boyle on July 26, 2013.As time passed,by agreement,other matters were put into and taken out of the mix of matters assigned to the Law Firm. 7.The engagement agreement required O'Boyle to pay the Law Firm's hourly rates for attorney services and to reimburse the Law Firm for out-of-pocket costs advanced on his behalf.He would be billed on a monthly basis for attorneys' fees and cost reimbursements. -2- 8.Upon receiving his monthly invoices,O'Boyle raised a few objections to small amounts of the attorney's fees and cost reimbursements charged.In every instance in which he raised an objection to an amount charged for fees and costs, he was given a credit on his account for the entire sum he objected to paying. 9.Other than that,O'Boyle paid the monthly sums invoiced for attorneys'fees and cost reimbursements in their entirety for all services rendered and costs incurred through approximately November 30,2017.He never paid a dime for any services performed or costs advanced after that date.He thus breached the terms of the engagement agreement. 10.In communications on April 23 and 24,2018,O'Boyle demanded substantial changes in the terms of the engagement agreement and refused to pay any of the past due sums unless the demands he made were agreed to by the Law Firm first.O'Boyle thereby anticipatorily breached and repudiated the engagement agreement. 11.After due notice to O'Boyle,therefore,the Law Firm withdrew from representing O'Boyle in all matters. 12.On information and belief,the communications of April 23 and 24, 2018,and the demands O'Boyle made therein were motivated in part by O'Boyle's wish to ensure the representation would be terminated.He sought to obscure and cover up the fact that he wished to terminate the representation by provoking the -3 - Law Firm itself to terminate the representation.In late 2017 and early 2018, O'Boyle continually attempted to persuade the Law Firm to use its good offices to represent him in a course of conduct that would have been dishonest,repugnant, and imprudent.On February 20,2018,the Law Firm formally communicated its refusal to represent him in this effort.O'Boyle's anticipatory repudiation and breach of the engagement agreement on April 23 and 24,2018 were thus intended to cause the engagement agreement to be terminated without 0 'Boyle appearing to have terminated it himself. 13.0 'Boyle has never again paid any amount toward the past due balance that has accrued for services rendered and costs advanced after approximately December 1,2017.The amount he owes is reflected on the summary attached to this Complaint as Exhibit B. 14.O'Boyle has breached the engagement agreement by failing and refusing to pay the amounts he owes under the engagement agreement. 15.O'Boyle now owes the Law Firm $120,019.35 in past due attorney's fees and cost reimbursements. 16.The fees charged to O'Boyle were for services reasonably necessary to the representation. -4 - 17.Under the terms of the engagement agreement,O'Boyle is obligated to pay interest at a rate of 18 percent on all "statements not paid within 30 calendar days following receipt of our invoice for services and costs." 18.Finally,under the engagement agreement,O'Boyle is obligated to pay the Law Firm's court costs and attorney's fees incurred in this action. WHEREFORE,the Law Firm demands damages in the amount of $120,019.35,plus prejudgment interest at the agreed rate of 18 percent,court costs, a reasonable attorneys'fee,and such other relief as the Court deems proper. Dated on September 26,2018. Respectfully submitted, Sachs Sax Caplan,P.L. Counsel for Plaintiff By:IslRobert Rivas Robert Rivas,Fla.Bar No.896969 Joel Kenwood,Fla.Bar No.254487 6111 Broken Sound Parkway,Suite 200 Boca Raton,FL 33487 (561)994-4499 rrivas@ssclawfirm.com, dwilkerson@ssc1awfirm.com,and jkenwood@ssclawfirm.com -5 - Exhibit A SACHS SAX CAPLAN ATTORNEYS AT LA W Palm Beach County office: 6111 Broken Sound Parkway NW.Suite 200 Boca Raton,FL 33487 (561)994-4499 Tallahassee office: 660 E.Jefferson St.,Suite 102 Tallahassee,FL 3230 I (850)412-0306 REPLY TO TALLAHASSEE OI<'FICE: ROBERT RIV AS rrivas@ssclawfirm.com Board Certified in Appellate Practice Friday,June 16,2017 VIA EMAIL ONLY: MOBOYLE@COMMERCE-GROUP.COM Martin E.O'Boyle Commerce Group,Inc. 1280 W.Newport Center Dr. Deerfield Beach,FI.33442 Re:Agreement to Provide Legal Services ..",~(.f'v\\i{e(l..PL~,"'+\(t)s ('d:escJipthHlOflflftttert Pc)1L"f-k#~HQ~$(..1~ieO ofoJ ex,",*l.,.f #I Dear Mr.O'Boyle: You and each of these corporate entities is bound by this Agreement to Provide Legal Services, which sets forth the basis upon which Sachs Sax Caplan ("Law Firm")will provide legal services and how we will be compensated for those services.All legal services on this matter and on any other matter for which the Law Firm provides legal services shall be provided pursuant to this letter agreement unless a Supplemental Agreement to Provide Legal Services has been agreed upon between you and the Law Firm. FEE FOR LEGAL SERVICES We agree to perform legal services in a professional manner and keep you informed of all material developments in a reasonable and timely manner.To enable us to do this,you agree to disclose to us all material facts and such facts as are requested and as are reasonably necessary for us to perform the services for which you have retained us.Although we may give you our professional judgment regarding the likelihood of a favorable outcome on a particular matter,we are never able to guarantee any particular result.We will endeavor to give you our best judgment in light of the law and the particular facts known to us. Engagement Agreement -Martin.E,O'Boyle June 16,2017 Page 2 We will perform these legal services at our regular hourly rates in effect at the time the work is performed.This Law Firm's attorneys'hourly rates range from $225 to $500.My current hourly rate is $395.I will be primarily responsible for this matter.Other timekeepers will not work on this matter unless you are consulted first.My hourly rate is subject to change due to overall adjustments in the firm's billing structure.Typically,changes occur at the beginning of the calendar year.We charge our hourly rates for all time spent on each matter for which we represent you,including,but not limited to,conferences,preparation,research,travel, correspondence and preparation of pleadings and other documents. In some instances,attorneys'fees and costs are recoverable from the opposing party.In such event,you agree that the fee for our services is as agreed above or is a reasonable fee as agreed to by the parties or as ordered by the court,whichever is greater. COSTS You are responsible for the payment of all Law Firm advances and out-of-pocket costs and expenses,including,but not limited to,third-party research charges,document production, courier and express delivery charges,travel expenses,and filing fees.In addition,the firm charges a three (3%)percent overhead charge,based upon the gross amount of the fee,to cover the costs of routine and miscellaneous mailing,telephone,telecopier,and ancillary photocopying expenses. The Law Firm will advance many of these costs on your behalf.In the case of outside providers of services of substantial cost,such as consultants,we may arrange for them to bill you directly. BILLING PROCEDURE You will be billed for our services and costs advanced on a monthly basis.All fees and expenses are due when billed.All statements not paid within 30 calendar days following receipt of our invoice for services and costs will automatically bear interest on all past due amounts at the rate of 18%percent until paid in full.In the event that you fail to comply with the Law Firm's written request to provide funds to replenish the retainer or pay any outstanding statements within 60 days of the date of rendition of any statement,the Law Firm reserves the right to terminate this relationship,withdraw our representation,and take appropriate legal action to collect any unpaid balance,in which case you will be responsible for the costs and fees incurred by us or our assignees in such proceedings.You agree not to contest our withdrawal from any court or administrative proceedings in such event.You further agree that any dispute arising from or pertaining to this agreement will be resolved in Palm Beach County,Florida. Engagement Agreement -Martin E.O'Boyle June 16,2017 Page 3 RETAINER The Law Firm requires the posting of an initial retainer of $10,000.Accordingly,please remit your check for $10,000 made payable to Sachs Sax Caplan Trust Account.The retainer will be held in trust and applied toward any statement for attorneys'fees or costs,or toward payment of the final statement.Any unused balance at the end of the representation will be refunded.Any portion of the retainer applied toward outstanding statements during the representation shall be required to be replenished so that we will,at all times,have a sum equal to or greater than the initial retainer balance in trust. CONCLUSION If these terms meet with your agreement,please sign and return a copy of this engagement letter and return it to us along with your check for the retainer. We thank you for retaining us to represent you and we look forward to serving you. Very truly yours, SACHS SAX CAPLAN IslRobert Rivas Robert Rivas RRJdpw THE UNDERSIGNED IS AUTHORIZED TO EXECUTE THIS AGREEMENT ON BEHALF OF EACH CORPORATE PLAINTIFF,HAS READ THIS AGREEMENT,AND AGREES TO BE 0 BY ITS TERMS. Ma n E.O'Boyls,itS AV1111)a1,)eD ofiflc..et.J~GeQ AlJP -fba..M.4 rre fl.?t.A ""h bb S Date:June 16,2017 Ex.1-Matter and Plaintiff Listing -Sachs Sax Caplan Agreement BCD ~}:::~~~~~f~l~~;i;;:f~[i~~;§~==~=i:~~~:~~====~==~~~~:_==: 4 S020l4CA003721XXXXMB Stopdirtygovernment,LLC v Town of Gulf Stream [Stopdirtygovernment,LLC.....;__--------._-------_.._---------_..__.._._._-----_._----._-----._._-----_.__._----+-----_...__.....__....__..__....-.__.._--_......-........_.._---_. 5 S02014CAOOS628XXXXAG ~:i~\!~~'BOYle and Christopher F.O'Hare v Town of IMartin E.O'Boyle ~:::~~'!::~~~::--.·:~~~~=~::,,::,o:=~~~:~=::=:j::=~:~~";:~==:-=-==-: _;_..-...-.----.....---..-.......---..-.---..--....-----.-.-..-----~.....--..-...-....---..-.......-..---..--..---'l----....------...---.--.--------...---...-....--- Martin E.O'Boyle,Airline Highway LI..C,Commerce !Martin E.O'Boyle,Airline Highway LI..C, Group,Inc.,Commerce Realty Group,Inc.,CRO Aviation,Commerce Group,Inc.,Commerce Realty Group, Inc.Our Public Records,LLC,and CG Acquistion Inc.,CRO Aviation,Inc.Our Public Records, Company,Inc.v.Town of Gulf Stream .LLC,and CG Acquistion Company,Inc. r-!!--.....-...-.....-..---..---.--.......---.-1..------..-......-...........---..-----------......------........-.......-.........----..-......--..-.....-----........--.....-_.. [Martin E.O'Boyle and Asset Enhancment,Inc.v Town of I ~~~~~I~~~~~1737~~~X~~._.._~~~~:~~~;~~~~~~~~~;:~;'.~ott ~:~:~~:_~..~~__..1~-~:~~~~~:~~..~1~A:~~~~~~~."-~~::~~:~~_ ~5020~~=~.~~_~OXXX~MB __.~'j~~:~:::::;,;~:;:;:;;;;;~;~;:~II~~~-~~~..:..~~~~~~~d A~~t_Enh.~~~me~~:.!.I~~~_ S020l6CA004S46XXXXMB Foster,Johnson &Stubbs,PA;Sweetapple,B.roeker,Martin E.O'Bo Ie IVarkas,P.L.;Johnson,Anselmo,Murdoch,PIper &I Y 11 ~OChmall'PA I~----_.-......_.__........_----_...._..._.._------..._-_._...-_._----------..---_....-_..__........-.._--,....-..._....._..._....-_._.._.._--_._---_..._._--_------_..- CASE NO.14-14780 (17th JOC,Martin E.O'Boyle v.Jones Foster Service LLC,Town of IMartin E.O'Bo le 12 County Court)Gulf Stream yr=--..--..---------.----..-..-----·----..------··-----..--··-----·---..·..·1-..---.-------.------..--.-... ~5.?20~3A0014~~?5~~XMB_..__..Ma~~~~~~oy~~~~vn of ~~:_~ea~~_...__jlVl~~in !:::...?'B~~._..__...._ 14.--T S020l4CAOll940XXXXMB COMMERCE REALTY GROUP,IN'.I 219 DATE INVOICE NO.\DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 6-16-17 Retainer ,0955 6550.0000 10000.00 10000.00 U . I CHECK 6-16-17 I CHECK .;41.941-.I TOTALS»10000.00 10000.00 DATE .NUMBER :•.:-,';".::. 41 SachOOQg,,Sa.chs Sax Capla CorrunerceRealty Group,Inc BB&T*4344 § 21941 BB&T 69.3391515 21941 10,000.00 AMOUNT Pay:,***************************************Ten and no cents Go SECURITY FEATURES INCLUDED,DETAILS ON BACK Q._ II·0 2 *Ii t,*II·I:0 5 *SO :l :l Ii ~I:0 0 0 5 *???0 ~:1 t,t,III 6-16-17 Retainer 0955 6550.0000 10000.00 10000.00 6-16-17 21941 10000.00 10000.00 Sach0002 Sachs Sax Capla Comme rce Realty Group,Inc BB&T*4344 Exhibit B SACHS SAX CAPLAN .Attorneys at Law 6111 Broken Sound Parkway NW Suite 200 . Boca Raton,FL 33487 TEL:561.994.4499 FAX:561.994.4985 TAX ID:26-2950872 September 17,2018' Martin O'Boyle 1280 W.Newport Center Dr .. Deerfield Beach,FL 33442 . Balance Forward Less Payments Received $120,019.35 .$0.00 . Net Balance Forward $120,019.35 FOR PROFESSIONAL SERVICES RENDERED Our File No.:13525 Matter plaintiffs Dock at Hidden Harbour 2014-ca-1572:Clio 96 2014-ca-2728;Clio 105 2014-ca-3721;Clio 155 2014-ca-5628;Clio 261 2014-ca-8076;Clio 369 2014-ca-10216;Clio 418 20 14-ca-11940;CI io 454 2014-cc-15050;Clio 476 2014-ca-1737i Clio 470 $91,788.92 $1,453.38 $528.91 $244.11 $9,987.40 $488.22 $691.65 $164.37 $162.74 $1,057.81 $3,336.18 TOTAL FEES $109,903.69 TOTAL EXPENSES $10,115.66 TOTAL CURRENT CHARGES FOR THIS INVOICE $120,019.35 THIS STATEMENT IS ATTORNEY WORK PRODUCE AND A CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION ***PLEASE ENCLOSE A COpy OF THIS INVOICE WITH YOUR PAYMENT*** IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT,IN AND FOR PALM BEACH COUNTY,FLORIDA CASE NO.:502014CA003721XXXXMB DIV.:AH STOPDIRTYGOVERNMENT,LLC, Plaintiff, v. TOWN OF GULF STREAM, Defendant. ------------------------~/ DECLARATION OF ROBERT RIVAS IN SUPPORT OF PLAINTIFF'S MOTION TO ASSESS AND AWARD REASONABLE ATTORNEYS FEES 1.My name is Robert Rivas.I am over the age of 21,and otherwise competent to make this Declaration. 2.I have been a member in good standing of the Florida Bar since 1991.I am a Principal in the law firm Sachs Sax Caplan,P.L.("SSC"),which provided legal services to Plaintiff Martin E.O'Boyle ("O'Boyle")in the above-captioned case. 3.I have personal knowledge of the facts set forth in this Declaration,and the statements made herein are true. 4.I submit this Declaration in support of O'Boyle's Motion to Assess and Award Reasonable Costs of Enforcement,including Attorneys'Fees and Costs (the "Motion"). 5.SSC was principally responsible for representing O'Boyle in this case for the period of June 2017 to April 2018.I was the sse attorney with primary responsibility for the representing O'Boyle. 6.The purpose of this Declaration is to memorialize the fees for legal services, provided by SSC. 7.SSC establishes standard hourly rates for services provided by its attorneys. These rates are well within the range charged by other lawyers in South Florida and are fair and reasonable rates for this type of work. 8.SSC's attorneys record the time spent on matters.Each time entry includes the date the work was performed,the time spent and a brief description of the nature of the work performed. 9.I am familiar with the rates charged by attorneys at SSC and the services they provided to O'Boyle in this matter. 10.The attorneys at SSC who worked on this matter and their respective hourly billing rates are: a.Robert Rivas,Principal --$395 b.Angela Prudenti --$415 c.Katherine A.Mourn -$275 11.The chart attached as Exhibit 1 summarizes the hours expended and attorneys' fees charged in this matter,which total $_92,119.9o _ 12.I am familiar with the lodestar method of determining the reasonableness of attorneys'fees,which the Florida Supreme Court referenced in Florida Patient's Compensation Fund v.Rowe,472 So.2d 1145,1149-52 (Fla.1985).The fees charged in this matter are reasonable for the services provided to O'Boyle. Under penalties of perjury and pursuant to section 92.525,Florida Statutes,I declare that I have read the foregoing Declaration and that the facts stated in it are true. /S/Robert Rivas ROBERT RIV AS 2 SETTLEMENT AGREEMENT 1 For and in consideration of good and valuable consideration, the adequacy and receipt of which are acknowledged, MARTIN O'BOYLE and the TOWN OF GULF STREAM and each Releasor (as defined below), agree to the content of this Settlement Agreement. 2 Each individual or entity in each of the Cases (listed on Exhibit "A" hereto) is shown in the column on Exhibit A titled "Releasing Plaintiff" (each such individual or entity in the column on Exhibit A titled Releasing Plaintiff shall be referred to in this Settlement Agreement as a "Releasor"). The term "Cases" shall mean individually and collectively those Cases listed on Exhibit "A" hereto. MARTIN O'BOYLE, individually and on behalf of each Releasor, and the O'Boyle Parties (as defined below), fully and forever hereby irrevocably discharge and release The TOWN OF GULF STREAM, its present and past Commissioners, employees, Manager, attorneys, agents, consultants, vendors, contractors, consultants, insurers and successors and assigns (individually and collectively the "Gulf Stream Parties") from the Cases but limited to the claims actually asserted by the applicable Releasor in the Cases (listed on Exhibit "A" hereto). As used in this paragraph, the O'Boyle Parties (as defined below) does not include Citizen's Awareness Foundation, Inc. 3. To the extent that The TOWN OF GULF STREAM has, had, may have or may have had explicit or implicit authority, on behalf of itself, and its present and past Commissioners, employees, Manager, attorneys, agents, consultants, vendors, contractors, insurers and successors and assigns, together with any party listed on exhibit B who has executed exhibit B (individually and collectively the "Gulf Stream Parties"), The TOWN OF GULF STREAM fully and forever hereby irrevocably discharges and releases the O'Boyle Parties (as defined below) from each and every action, cause of action, lawsuit, appeal, post judgment proceeding, claim for attorney's fees, claim for costs, claim for Sanctions (as hereafter defined) (whether requested or imposed), public records request, claim for any award, loss, damage, judgment, remedy, or relief whatsoever in law and in equity, including each and every claim arising under local law, state law, federal law, the Florida Constitution, and/or the United States Constitution (collectively "CLAIMS") which the Gulf Stream Parties ever had, now has, can or may have against any of the for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement. The term "O'Boyle Parties" when used in this Settlement Agreement (unless otherwise stated) means, individually and collectively: (a) Martin E. O'Boyle (sometimes referred to as "O'BOYLE" or "O'Boyle"); (b) Airline Highway, LLC; Asset Enhancement, Inc.; CG Acquisition Company, Inc.; Commerce GP, Inc.; Commerce Group, Inc.; Commerce Realty Group, Inc.; CRO Aviation, Inc.; Our Public Records, LLC; Stopdirtygovernment, LLC; Public Awareness Institute, Inc.; and Citizens for Open Government, LLC (c) and Citizens Awareness Foundation, Inc.; (d) SLO 16 Hidden Harbour, LLC; (e) the "O'Boyle Requestors" (as defined below); and (f) all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, heirs and assigns of all of the above individuals and all parties listed in subparagraphs (a) though (e) above, including, without limitation, all present and past directors, shareholders, members, officers, employees, consultants, vendors, agents, attorneys, partners, -2 - insurers, successors, heirs and assigns of all of the above individuals and all parties listed in subparagraphs (a) though (f) above. Notwithstanding anything to the contrary in this Settlement Agreement, the term "O'Boyle Parties" shall not include Denise DeMartini, Daniel DeSouza, and DeSouza Law, P.A. 4. The Gulf Stream Parties fully and forever hereby irrevocably discharges and releases: (a) Jonathan O'Boyle, Esq.; (b) Giovani Mesa, Esq.; (c) Nicklaus Taylor, Esq.; (d) Ryan Witmer, Esq.; (e) William F. Ring, Esq.; (f) The O'Boyle Law Firm, P.C. (the "OLF") and (g) all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of the OLF (individually and collectively "O'Boyle Attorneys") from all CLAIMS which the Gulf Stream Parties ever had, now has, can or may have against the O'Boyle Attorneys, including, without limitation, any claims and other matters arising from their representation of O'Boyle Parties, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and the Gulf Stream Parties also hereby knowingly waives all such CLAIMS; except that, in the event that any of the O'Boyle Attorneys seek in the capacity as a litigant, any form of judicial or other relief against any of the Gulf Stream Parties (each individually and collectively referred to as a "New Attorney Lawsuit"), then this paragraph will not prevent, limit, reduce, or otherwise hinder any of the Gulf Stream Parties in its rights or ability to defend itself and to assert all defenses in any such action brought by any of the O'Boyle Attorneys. 5. The TOWN OF GULF STREAM and O'BOYLE will file promptly stipulations for the dismissal with prejudice of the Cases (the "Dismissals") in the appropriate court to secure a final order of dismissal of each case with each party to the Cases to bear its own attorney's fees and costs, even if a party is otherwise entitled to seek attorney's fees and costs ("Costs") from another under a fee or cost shifting provision. All sanctions claims made, ordered, or granted, 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, the TOWN OF GULF STREAM hereby waives payment of all Costs and Sanctions ("Sanction Payments"). The form for the Dismissals is attached hereto as Exhibit `B". 6. This Settlement Agreement amounts to an immediate written withdrawal of each and every public records request unfulfilled as of the date of the execution of this Settlement Agreement to the TOWN OF GULF STREAM by O'BOYLE, a relative, employee, associate, agent, an entity which is controlled by O'Boyle or attorney of O'Boyle, but only to the extent that any such party was acting on behalf of O'Boyle (collectively "O'Boyle Requestors"). The withdrawal of the public records requests referred to in the preceding sentence shall not apply to the public records requested in existing lawsuits that are not referred to in Exhibit A. -3- 7. In the event that any O'Boyle Requestors submit a public records request to the TOWN OF GULF STREAM (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 OF GULF STREAM ("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 OF GULF STREAM will be governed by Chapter 119 of the Florida Statutes ("Chapter 119"). 8. The TOWN OF GULF STREAM and O'BOYLE have read this Settlement Agreement with the assistance of counsel and understand its terms, obligations, operation, and effect. The TOWN OF GULF STREAM and O'BOYLE acknowledge that their entry into this Settlement Agreement shall not be deemed or considered to be any admission or acceptance of blame, liability, or responsibility. The TOWN OF GULF STREAM and O'BOYLE 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. 9. The TOWN OF GULF STREAM and O'BOYLE 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. 10. 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 OF GULF STREAM 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 O'BOYLE shall be made to Martin O'Boyle (with a copy to William F. Ring, Esq. ME at 1280 W. Newport Center Drive, Deerfield Beach, FL, 33442. 11. 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 TOWN OF GULF STREAM and O'BOYLE consent to the exclusive jurisdiction of the Circuit Court for the 15th Judicial Circuit for the State of Florida for enforcement of this Settlement Agreement. 12. 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 13. The content of this Settlement Agreement contains the entire agreement of the TOWN OF GULF STREAM and O'BOYLE with respect to all matters covered and the transactions as contained herein. 14. 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 OF GULF STREAM and O'Boyle. 15. 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. 16. Beyond the scope of this settlement agreement and this release are the following: A. Any claim for (i) O'BOYLE's accrued financial obligations to the Town, arising from normal municipal functions, such as taxes, assessments, use fees and utility services and (ii) any matter that does not exist on April 3, 2018 and arises thereafter from the Town's normal municipal and code enforcement functions; B. Anything that would limit the Town in its rights or ability to assert all defenses available to a defending party in any lawsuit or proceeding of any kind that (i) is pending between the TOWN OF GULF STREAM and MARTIN O'BOYLE or any of the O'Boyle parties after the execution of this Settlement Agreement or (ii) is based upon conduct that occurred prior to the execution of this Settlement Agreement; and C. Anything that would limit the Town in its rights or ability to assert all defenses, defensive matters or sanctions available to a defending party in any lawsuit or proceeding of any kind based on conduct arising after the execution of this -5 - Settlement Agreement by MARTIN O'BOYLE or the O'Boyle Parties. 17. Notwithstanding anything to the contrary in this Settlement Agreement: A. The parties to this Settlement Agreement agree that the Development Agreement and the Settlement Agreement (the "l" Settlement Agreement") attached hereto as composite Exhibit _C_ (collectively the "Original Agreements") are in full force and effect and that the Plaintiffs (as defined in the I" Settlement Agreement) and Owner (as defined in the Development Agreement) each have and reserves all rights that each has (individually and collectively) under the Original Agreements. B. The parties to this Settlement Agreement agree that O'Boyle has the right to construct, place and install upon the Property (as defined in the Original Agreements) any and all improvements and installations, including, without limitation, items of personalty, equipment, materials and other similar type items which were not prohibited to be constructed, placed or installed on the Property before January 1, 1981. C. By entering into this Settlement Agreement, the Town of Gulfstream approves the installation, placement and construction of all improvements, including equipment, material, and other items of personalty (including, without limitation, the improvements extending over the water as shown on the plan attached hereto as composite Exhibit D IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement as of April _, 2018. Witness: Witness: Witness: Witness: Martin E. O'Boyle individually and on behalf of each Releasor and the O'Boyle Parties Town of Gulf Stream on behalf of the Gulf Stream Parties Exhibit "A" - Case List I:\Projects\Non Project Related\Legal\Active Disputes\Settlement - Gulf Stream-O'Boyle\Exhibit A to Settlement Agreement 05.01.18.xisx A I B C 1 EXHIBIT A TO SETTLEMENT ;-1-18 Z— �.---- ---- Releasing Plaintiff Martin E. O'Boyle 3 — - - -- —�-- Case Number 1 1502014CA00I572XXXXMB 4 5 2 502014CA002728XXXXMB ;Martin E. O'Boyle 3 502014CA005628XXXXAG ;Martin E. O'Boyle 6 — 4 j502014CA008076XXXXMB Martin E. O'Boyle 7 5 '502014CAOI0216XXXXMB Asset Enhancement, Inc. 8 1I 1 Martin E. O'Boyle, Airline Highway LLC, Commerce Group, Inc., Commerce 6 502014CA011940XXXXMB Realty Group, Inc., CRO Aviation, Inc. Our Public Records, LLC, and CO Acquistion Company, Inc. 9 7 502016CA004546XXXXMB Martin E. O'Boyle i i ff I:\Projects\Non Project Related\Legal\Active Disputes\Settlement - Gulf Stream-O'Boyle\Exhibit A to Settlement Agreement 05.01.18.xisx Exhibit B - The Town of Gulf Stream Robert Sweetapple, Esq. on behalf of himself and Sweetapple, Broeker & Varkas, PL and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above. Joanne O'Connor, Esq. on behalf of herself and Jones, Foster Johsnton & Stubbs, PA and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above. Jeffery L. Hochman, Esq on behalf of himself and Johnson Anselmo, Murdoch, Burke, Piper and Hochman, PA and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above. Gerald F. Richman, Esq on behalf of himself and Richman Greer, P.A. and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above Joshua A. Goldstein, Esq. on behalf of himself and Cole, Scott, Kissane PA and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above Scott Morgan Thomas Stanley Paul Lyons Donna White William Thrasher Edward Nazzaro, Esq. Rita Taylor Joan Orthwein Robert Ganger Gregory Dunham Kelly Avery Freda DeFosse Renee Basel EXHIBIT C - Oril4inal Agreements (Development Agreement and the 1St Settlement Agreement) ]:-'X . 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I 1 1 I 1 1 ' 1� 1 I 1 L 1 I 1 \ o szy I I f i 1 I 1 � 1 1 , R Dtn(� r'DE2 s�Z,zm.;y From:Randolph, John C. on behalf of Randolph, John C. <JRandolph@jonesfoster.com> To:Baird, Thomas J. Subject:Bill Ring Date:Wednesday, April 26, 2017 1:22:24 PM Attachments:RE developement agreement - oboyle - 2017 Plans - Dock Issue - 1981.msg Tom, Please see the attached correspondence and give me a call at your convenience. Thank you. JOHN C. RANDOLPH   John C. Randolph   Attorney Telephone:  561.650.0458  |  Fax:  561.650.5300  |  jrandolph@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.     To:William Ring Subject:RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 Date:Wednesday, May 1, 2019 5:31:11 PM Attachments:image001.jpg image003.jpg image002.jpg image004.jpg Bill,   I have not yet heard from you in regard to my email correspondence or the telephone message I left for you in regard to this matter.  Tom Baird and I have reviewed this matter and are anxious to speak with you in regard to your position and the language in the settlement agreement you reply upon to support your position.    Thank you.   JOHN C. RANDOLPH     John C. Randolph   Attorney Telephone:  561.650.0458  |  Fax:  561.650.5300  |  jrandolph@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.     From: Randolph, John C. Sent: Thursday, April 20, 2017 11:44 AM To: 'William Ring' <wring@oboylelawfirm.com> Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 Bill,   I have looked at this information and called you and left a telephone message requesting that you contact me so that we can discuss this matter.  I look forward to hearing from you in regard to same so that we can resolve this matter expeditiously.   Thank you.   JOHN C. RANDOLPH     John C. Randolph   Attorney Telephone:  561.650.0458  |  Fax:  561.650.5300  |  jrandolph@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.     From: William Ring [mailto:wring@oboylelawfirm.com] Sent: Wednesday, April 12, 2017 4:26 PM To: Randolph, John C. <JRandolph@jonesfoster.com>; Baird, Thomas J. <TBaird@jonesfoster.com> Cc: William Ring <wring@oboylelawfirm.com> Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 This message originated from outside your organization FYI - Skip and Tom – attached is that portion of the Developers Agreement referencing “1981”. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 3:12 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue Hello Skip and Tom: Happy Easter and Spring. Since you both worked on the O’Boyle Development Agreement with me, I wanted to let you both know that I was in Town Hall yesterday with new/revised plans for the O’Boyle House at 23 Hidden Harbour. For the most part, everything went well with my meeting with Ms. Taylor and Mr. Thrasher and I obtained most of the sign offs/approvals I needed for the submittal to Delray Beach. We are hopeful to begin renovations soon and I am sure everyone will be happy to see the house look better. However, we did have a disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to provide me with their blessing for the Dock. In that connection, attached pleased find sheets A1.01 (Site Plan) and A1.02 (Enlarged Site Plan). Generally, I believe its Ms. Taylor’s position that the Dock width is limited to 5 feet by the current code. I believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve it (and the current code does not apply). I am requesting that you review the attached plans and the Development Agreement and advise the Town to provide me their approval for this Dock. The sooner the better. Thanks Bill Ring PS – I point out that Mr. O’Boyle may have to obtain a dock-building permit from Delray Beach and/or other approvals from the Army Corps or the DEP; so, the Town may not have any authority over the matter, but I would like to obtain their approval nonetheless. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Randolph, John C. [mailto:JRandolph@jonesfoster.com] Sent: Monday, September 23, 2013 10:40 AM To: William Ring Subject: RE: developement agreement - oboyle Great! Thank you. The original document will be delivered to me today for recording.     John C. Randolph   Attorney Direct Dial:  561.650.0458  |  Fax:  561.650.5300  |  jrandolph@jonesfoster.com   Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.   Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message. J �RECOPD AND RETURN TO: ohn . Randolph, Esquire +;tines,:Poster, 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 r� .r , 2013, by and between the TOWN OF GULF STREAM, a Florida municipal corporation (hereinafter the "Town"), whose address is 100 Sea Road, Gulf Stream, Florida 33483, and MARTIN E. O'BOYLE ("Owner"), whose address is 23 North Hidden Harbour Drive, Gulf Stream, Florida 33483. RECITALS WHEREAS, the Town is empowered and authorized to enter into Development Agreements in accordance with the Florida Local Government Development Agreement Act, Florida Statutes Section 163.3220-163.3243 (2012) ("Act"); and WHEREAS, Owner filed an application for Development Approval for a Level 3 Architectural/Site Plan Review ("Application") seeking permission to construct a new front entry feature to his existing residence located at 23 North Hidden Harbour Drive ( "Property"); and WHEREAS, the Town Manager, acting as the Zoning Administrator ("Administrator") determined that the proposed design of the new front entry feature would require four variances from the requirements of the Town's Code of Ordinances ("Code"); and WHEREAS, the Town Commission, sitting as the Board of Adjustment conducted a quasi- judicial proceeding, following which it sustained the determination of the Administrator that four variances from the Code were required, of which only one was granted ; and WHEREAS, Owner appealed the Town Commission's Final Order and subsequently filed a number of public records requests associated with the denial of the Application. NOW, THEREFORE, the Town and Owner, for $10.00 and other good and valuable consideration, including the terms and conditions of the Agreement, the receipt and sufficiency of which is acknowledged by each party, hereby agree as follows: 1. Recitals. The recitals are incorporated herein and made a part hereof. 2. Current Zoning. The Property is located within the North/South Zoning District, Section 70-27 of the Code. 3. Future Land Use Plan Designation. The future land use designation of the Property is Single Family. 4. Land uses. The Property is an improved single family home with garages that was constructed in or about 1983. 5. Concurrency. The Property meets all applicable levels of service. 6. Comprehensive Plan Consistency. The Property's zoning is consistent with the future land use designation of the Town's Comprehensive Plan. 7. Land Development Regulations. The land development regulations which shall be applied to the Property are contained within Chapters 66, entitled "Zoning" and 70, entitled "Gulf Stream Design Manual" of the Code. (a) The architectural feature shown on the entry feature as shown in the Plans (as defined in the Settlement Agreement attached as Exhibit B) is not an "eave" and therefore shall not be subject to the eave height requirements for structures pursuant to the Code. The result is that when the Code is properly applied to the Application no variance is required; (b) The height of the proposed entry feature for this two story structure is not subject to the eave height requirements contained in Section 70-100 (c) of the Code. Rather, the height of the entry feature for this structure is governed by Section 70-100 (a) (4) of the Code. Under a proper application of the Code, the Architectural/Site Plan Application submitted does not require a variance; and (c) With respect to the minimum front yard setback, a proper interpretation of the Code would be that this setback should be measured from the atrium (the wail 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 Envelope. Attached hereto and incorporated herein as Exhibit C is a copy of a Survey which Survey provides a Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O'Boyle (including his heirs, successors and assigns) may construct Improvements in the Building Envelope; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town. P/1101/C/C/R2012 08.27.13 Page 3 IN WITNESS WHEREOF, the parties have hereto set their hands and seals this 17z' day of Se_ - 'r• , 2013. ATTEST: TOWN7rg, FLORIDA By: Mayor [TOWN SEAL] APPROVED AS TO FORM AND LEGAL SUF-ELCIENCY hn C. Ra• olp o Attorney WITNES ES: Signature MARTIN E. O'BOYLE i Name: r Signature I Print Name: P/1101/C/C/R2012 08.27.13 Page 4 g6U A ® t Town 0 of Gulf Stream _ .. Address: PART 1, APPLICATION REQUIREMENTS ib be completed by Town Slaff during pre.applfoafion conference. A. Review and Approval Processes 0 1. 11. Ocean Overlay Permit 0 9. Sign Review 0 2, Land Clearing Permit 0 10, Site Plan Review, Level III 0 3. Annexalion Review 0 11, Silo Plan Revision 0 4, Comprehensive Plan Text Amendment Review ❑ 12, Special Exception Review 0 5. Demolition Permit 0 13. Subdivision Review 0 6. Future Land Use Map Change Review 0 14, Variance Review D 7. Adminlslrailve Appeal 0 15. Rezoning Review 0 8, Zoning code Text Amendment Review D W. (Other) B. ADDIfeetion Maferials NUMBER OF CbPIES REQUIRED APPLICATION MATERIAL 1 1, Completed Development Application 2, Fee of + 17 3. General Location Map (on silo Plan) 17 4. Site Plan (2 full ske, 15 reduced to 11x 17') 17 5. Building Elevations (2 full size, 15 reduced' 17 6. Floor Plans (2 full size; 15 reduced') 17 7. Roof Plans (2 full size, 15 reduced') 8. Perspective andfor Color rendering (Recommended for meeling) 1 9, Drainage Plan (if altered) 17 110. Landscape Plan (2 full size, 15 reduced') 11. SepllCTank Permit 12. DOT Driveway Permit (if on A1A, for any alterations to drive) 13. DOT Landscape Permit (A1A) 17 14. Survey (11" x 17") 15. Subdivision Plat i6. Concurrency Documents 1 17. Proof of Ownership (warrant deed) 1 10. Agent Affidavit 1 19. List of Adjacent Property Owners Envelopes 20. Properly owners within 254300' (stamped addressed envelopes, no return address 1 21. Propprly Owners Affidavit i Set 22. Photos of Existing Home (If applicable) 1 23. Conslruclion Tralfic Management Plan 24. 'NOTE: Where muippie copies of a orawmg are requlree, rwo copies snap ue du ul 1,911 lop size (24" x 36") drawing which Is signed and sealed. All other copies shall be reduced toll" x 17 Please refer to the Instruction for more detailed Information. Application for Development Approval, Form ADA.32000 Page 1 November2001 r. TOWN OF GULF STREAM - APPLICATION FOR DEVELOPMENT APPROVAL This form is to be used for all development review applications to be heard by the Town of Gulf Stream .Architectural Revlew and Planning Board, Board of Adjustmenl, andlor Town Commission. To complete the form properly, please review the accompanying Town of Gulf Stream Instruction Manual forApplicallon for Development Review form• Failure to cbmplsta this form properLy will delay Its consideration. ARPB File# To be completed by all applicants. PART II.GENERAL INFORMATION A. Project Information I,A.1, ProjecUOwner Name:_MAIZE N o ` AE I.A,2. Project Address: I.A.3. Project Property Legal Description: �J I !� tDD �I j �f (jjZ, '�ATts , p'iK6 o H PL T INP TB* I.A,4. Project Description (describe in detd, including# orsiorles, etc,) M 1T'i3P4 Dl� " gwycl p' -VA S F WIN MEW> T9 taW tf ibe I,IAk+TS . I,A.5. Square Footage of New Slruotvre or Addition: T, - VWB4 aT IORA41 Architectural Style: _q_AtSl- V 1 EDIT;:i7 U R>r Y(VAI, 1.A6, Check all that apply; �Archileclural/Site Plan Review 0 Land Clearing 0 -Northcul and Overlay (complete seclf n B) X Demolition of Structures 0 Non-residential u s Vari ce (comp/ale section GJ Special Exception (complete secl1on4 1.A,7. (a) Proposed F•F.E.: NO ON& '4 11$ Type of Foundation: B. Owner Information I.B.I. Owner Address: MTN bill iYL 1.6.2. Owner Phone Number: Fax:g5q- W - O&D l 1.8.3. Owner Signature: C. Agent Information I.C.I. Agent Name and Firm Name: lhli u i rvG L NiEe(� i�1�11 f �" � hr , I,C.2, Agent Address:yv.((1�r(iK� r.GNi]r%I��( I.C2. Agent Phone Number: (o '��1,510.6"144,178. !.GA. AgentSignalure:�_ Officiamaknrit Pre -App Date: ARP3 Dale: App Dale: Recommendation: Com Date: TC Dale. Decision: Application for DevelopmenlApproval Form ADA.2000 revised 6113100 Page 2 PART Ill, PROJECT DESCRIPTION AND JUSTIFICATION To be completed by all applicants afterpre-appllcapon conference•wilb Town Staff, Please 6e concise but brief Alldch additional sheets only when necessary and be sure to include pre apropriate and complete quespon.numberfor each response. p A. Project Description and Justification III.Al. In what zoning district is the project slta located? _ I—09TH 5DOM III.A.2. Is the project compatible with the intent of the zoning distdct? Yes Q. No Explain. AD ION fN 5 t tY YUO)i' �tN-Un1� WISH,ONN t^tctzy 'WANhOlfV14fftDIII.A,3. Is tt With Lea 15 IititlU (L objectives and policies of the Comprehensive plan? ❑ Yes ❑ No Explain. 'r 5 Df lS'(A 4d -r III.A.4, How are Ingress and egress to the property to be provided? Ni) CN� IIIA -5. How are the following uillilles to be a. SlormwaterDrainaga o rfa b. Sanitary Sewer D c. Potable Water No f d. Irrigation Water --KD—C& e: Electricity_ ND to E Telephone ND GNC g. Gas car h, Cable Television N hr Lm to the property? III.A,6. If the project involves the erection of one or more structures, please describe how the structures are consistent with the criteria in Section 66-144 of the Town of Gulf Stream Code, (Attach additional sheet if necessary.) I D 1'(ON ��t�t� rt� t�,-rF�TILS �f-[Hf$Vi[-DtNS'r MHK�S fI C+► Cbrytl?I4tllbtfAifiH fil{�QR� .!?RFD k4RlkFff�L'Ct�fZta(,(1: D��}�1= 2Wlla D"X[Ct tit~CoMt'HIM WITH ADJAeSWPRO WTIM. PART IV. ADDITIONAL INFORMATION Section A is to be completed by all appllcanis agarpre-appilcadon conference with Town stall Answering "Yes" to any question in Secifon A requires the complepon of additiona[Sections as indicated. A. Additional ApprovalslRequirements IV,AI. Does the projecj I volve land area within fifty feel (50') of the AIA (North Ocean Boulevard) rlghl-af- way? ❑Yes No (If "Yes", secUon B of this pad must be completed,) IV.A.2. Does the project involve the demolition of one or more structures? Yes ❑ No (If "Yes", section C of this part must be completed.) IV.A.3. Does the project involve the clearing or filling of any portion of an exivacant lot or more than fifty percent (50%) of the landscaped area of a developod lot? ❑ Yes iNo (If "Yes", section D of this part must be completed.) IVA.S.s the project require approval of a Special Exception? DVYes ❑ No (If "Yes",'section E of this part must be completed.) WAS. Is a project at variance with any regulations contained in the Zoning Code7 Yes ❑ No (If "Yes", section G of this pari must be completed.) Application for Development Approval FormADA.32000 page 3 Town of Gulf Stream B. Projects Requiring North Ocean Boulevard Overlay Permit IV.S.1. What significant landscape features or architectural features are to be disturbed or added and to what extent? IV.S.2, Describe the need andjuslilicallon for the disturbanceladdillon: IV.B.3. WIII the dislurbanceladdition destroy or seriously impair visual relationships among buildings, landscape features and opgn space, orinlroduce incompatible landscape features or plant material that destroys or Impairs significant views or vistas within the North Ocean Boulevard Overlay District? Yes No Explain: IV.BA How is the design consistent with IMAM Landscape Enhancement Projecl? N.B.S. What.mitigation Is proposed so that the disturbanceladdillon has the least Impact possible to the visual and aesthetic quality of the North Ocean Boulevard Overlay District:, 'C. Projects Requiring a•Demolition Permit' ,�Iyy-- . IV.C.1. When are the existing structures to demolished? � f LIEN rr QMl'( 16D)bTAIND— IV.C2. When are the proposed. structures to be constructed? WqEN PERMIT 15 D$iA INEU IV.C.3. Whet Is the landmark status of the structures to be demolished? D, Projects Requiring a Land Clearing Permit JV.D.1. Describe those vegetative materials bt 8 Inches in diameter and greater to be North Ocean Boulevard Overlay District: IV,D.2. Describe the need and jusillicalion for the removallreloealion: lv.D.3, 'How is the removal from the projecl site of vegetation to be mitigated: IVDA, How are the remaining and relocated vegetative materials to be protected and preserved during the land clearing and conslricllon activities and thereafter? IV.D.5. What replacement materiels are proposed? Application for Development Approval, Form ADA.32000 Page 4 February 2002 Projects Requldng a Speclal Exception. IV•E.1. Is the proposed use a permuted special erica lion use? IV42, p YeS ❑ No Code Section: — b How Is the use designed, located and Proposed welfare, and morals will be protected? p p to be operated so that the public health, safety, DN PrE6IED - AE57'Hp7- &1r�NHANC� bE5lGN IV,E.3. Will the use caus be totaled? q Yee substantial Injury to the value of other property In s �No neighborhood the net orhood where tl Is to Explain, t?�Q�p ALuE N,E.4. be located? the use ba compatible wllh adjoining development and the character of the Dfsfrict where it is to be located? jbN OP tm Ta � W49 Ni���g 1V,1.5. What landscaping and screening arerovided? p NDT �pp� ;�,E• . ND N.b,fi, goes the use ce srm with all applicable regblallons located? ❑ Yes(No governing the District wherein It Is to be Explain. V f2f11t�tHi OF NE Ta ri Wil N pamS TD 'ut. rrarJ. -W EAVE'M6'' f 15ED 4 vvowC'ONKtj<CtU��t WPRO I TH M7IN& gUIRN& '� H e°w7' F. Non•ResidU�I b antial Projects and Residential Projects of Greater than 2 Units Nnf iqm IE. N.F.I.If common area facllilleS are to be provided, describe them and how they are to be maintained. IV.F.2. If recreation facilities are to be provided, describe them and their potential pImpacts on surrounding roperties. IV.F.3. For each of the following, list the number provided and their dimensions, Loading Spaces: Standard Parking Spaces; Small Car Parking Spaces; Handicapped parking Spaces; DrlvewaysfAtsles: Application far Devdopmanl Approval Form ADA.32o00 Page 6 vucgll, lJMIk — W 1OO-K, E• PrOeCts Requiring a special Exception. 1V'E"' fs the proposed use a permilled speclal eiceplion use? �{ 2 IV -11-2. How is the use designed, located and f'r Yes LINO Code Seclion; welfare, and morals will be protected? proposed to be operated so that the public health, safely, BUT ENHANCES. i N �1"t� tG5 IV,E.3. Will the use cause subo �Bal belocaled7 ❑yeS injury to the value of other properly In the neighborhood where Il is to Explain. �� IL AG;b11�i AP��r2ANC� � � ANNA CED BUIc.DrN . WITH NI�a�INUU�D, MEA How wRl the use becompatible with adfolning development is to be located? and the character of the District where It Iht15 WILL Lt OWE I 0 A NM TON� TO s Iml��r T ts��le MEA What landscaping and screening are RAN I� p rovided? ND G�r 16 SDP I57'iNC� L��1DSGgP1461 W.E.G. Does the usa oon�fo'N0 with all located? 13 yes. Xapplicable regulations governing the DisUict wherein It is to be Explain.T 1C L. �6ACK -5 �f OLS W UN EW Ct) T�� uNDEfZ T. II fvex 74�006k (QUI L 'WA -1 'It IeOAD rf•�v� C � � !! 8 , F. Non -Residential Proj2cts and Residential Projects of Greater than 2 Units lowl 113. IV.F.1. if common area foolllRes are to be provided, describe them and how they are to be maintained. I0,2. If recreation fachilies are to be provided, describe them and lbeir potential impacts on surrounding . properties. IV, A For each ofihefollowing, list the number provided and their dimensions, Loading Spaces: Standard Parking Spaces: Small Car Parking Spaces. Handicapped Parking Spaces: DdvewaysfAlslew Application for Development Approval Form ADA.32000 Page 6 "fbwn'oFGuIfStream VARIANCE -ZOT'ftEW, G. Projects Requiring a Variance (code Seellbn 66-150 through 157) IV,G.1. From what specific Zoning Code regulation is a variance requested? _10 " IDD IF EAVE 15 2.N' -V 012 WWM. itWDULD M5IGAU,`1 CDNFL(CT WITH 1 011INfa RDOEIRL 5. IV.G.2. What does the Zoning Code require for this specific site? 'FIE' P120 UED FNTlQIlhi:ff fATU12E 1SJA)iyiiW:r 1a. 50` NE16HT AUDWAWt 6121-THt haw wom N pkv l '- � 3/4 . CO>�I of y. IV.0.3. What Is proposed? fAV'E �- 1 " . 3/ �� IV.G.4. What is the total variance requested? FRAM 12$4 ( `� (3 It IV.G.5. The following a mandatory variance findings from Seelion 66-16% musr oe addres3ed..—(Attach additional sheet If necessary) (1) What specific conditions and circumstances exist which are peculiar to the land, structure,.or building involved and which are not appiibable to other lands, siruclrires, or bulldingS in ilia same zoning district? GXJSMJEf &WD t ME UNIT 13VILT UNDE12 MY05 110W. (2) Did the special condflions and c7cumslances result from the actions of the applicant? Yes t' o (3) Will granting the variance confer upon the appfigant any special privilege that is do fad by the Zoning - Code to -other lands, buildings, or slrgctures In the same zoning dlslrlcl? Yes No - Explain: 1-9 006141'r (IDNFiCIUiMTlU4 bF M15 Bf- 15 UN1 WE (4) How would a literal interpretation of the provisions of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the some zoning district under the same terms of Die Ordinance and work unnecessary and undue hardship on the applicant? THIS NDa M'51 it t5 uN NUF 150 5 CARIE MTRETICAM KNHAN60 w(Mof AkQ &A—rtHaa THe AfPI:Ai WCE OF AHI; dou:!F- (5) Is. the Variance requ a minimum variance that makes possible the reasonable use of the land, building or structure Ye No Explain: MINIIYIViIM YA91 WCE Tb ENRAN08 7i A?ft 2 WX- 7b y�b!t 42 q rtb fiti'tY N@61N&iZ&D (6) WIII granting the variance permit anyprohibited use to be established or re-established: Yes & (7) Is the requeslgd variance consistent w( oals, policies, and objectives of the future Land Use Map of the adopted Comprehensive Pian? Ye No (8) Will the variance be in harmony with the general intent and purpose of the Zoningnce and not be Injurious to the area Involved or otherwise detrimental loJhe public welfare? Yes No Explain: it EN44ANC166.-WE.APN JMCA 1 TH 5. &Nb ���1 P, R6P��4tq iA�.vi 5. -Application for Development Approval, Form ADA.32000 Page 6 February 2002 TbwrrofGulfStream VAKINN65 G. Projects Requiring a Variance (code Seclibn 66-150 through 157) IV,G.1, From what specific Zoning Code regulation is a variance requested? jo - I IV.G.2. What does the Zoning Code require for [his specific site? 'FRONT %'T"MIC. FRpm "EfFEMVL` Wr WE _046 "EPPF rNE„ 106 CH"ED DEN/ T1 H0 1{ H 5E AND DAD A(2E TffE 2 fV.G.3. What Is proposed?' ltCYME5/ )DE OF 11115 t'A6 . IV.G.A. What is the total variance requested? REM V ENCg A d MEW Wll_{ 2V NCROYCH IMT. W.G.S. The following a mandatory variance findings from Sedlion 66-154, must be addressed: (Attach additional sheet If necessary.) (1) What specific conditions and circumstances exist which are peculiar to the land, slruclure,.or buttding involved and which are not opplibable to other lands, structures, or tlulldfngs in the same zoning district? T C01 BIAS ClkA►�F►tA Atsb A NON pDN(-DPMtfiy INKS (2) Did the special conditions and ciicumslances result from the actions of the applicant? Yes No (3) Will granting the variance confer upon the appligsntany special privllege'that is depleil'by the Zoning Code to•otherlands, buildings, or structures In the same zoning district? Yes No) Explain: WHEN 5akkK LANEfIl 66 WAb Ci AKA AU, X005 !9MI MIN SOWED- WOUIZ Ef KDM CDNMM06. (4) How would a literal Interpretaiion of the provisions of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the same terms of the Ordinance and work unnecessary and undue hardship on the applicant? WE P"VstrA S>rTWK 15 AU SMT U THE DO CUE, Bu C SEWyt )i btu MMM N't 6AK. AS 1 lr "ll EVEN TOO H NO gi% SM P-MbIC,AU0 CNANEtEb, (5) Is, the Variance requeslipdlhe minimum variance that makes possible the reasonable use of the land, buildingorslrucluc ►�fl5. (YW Nvo�ty� Explain:yM09 0Lb EfFECC)VE LDT UNE tV16 010 WDAD MW 4 5EEM5 WIiNiMY�I. Wf�EN � 15 PP>Zbx AD I/ w phvfWf (6) Wilt granting the variance permit anyprohibiled use lobe eslablishgd or re-established: Yes kNp/ (7) Is the requestgd variance consistent wigoals, policies, and objectives of the future Land Use tihap of the adopted Comprehensive Plan? Y No (6) Will the variance be in harmony with the general intent and purpose of the Zoningnce and not be Injurious to the area Involved or otherwise detrimental lo.the public welfare? ONO Explain: 1-f 'WILL 'ENHANCE Al �A�� & M4 5re 00111pal t,E W(l'N V5 Nficilf fZHD& -Application for Development Approval, Form ADA.32000 Page 6 February 2002 -rjjEK6 15 AN �rXISTIN6 ATRIUM THEA' EXTETID5 i FgDM THE f0 NT AYCE 0P THF -HD05E I rtHAt W U BE WDVEO ho 99PI-ACED M AN "Na MAN\l't VkraMN6 oral 2` F90M rtif Mpt FK, DIP 144��MF ��. " " Town or U0lf stream H. Projects Requiring Rezoning IV.H,t. What Is the Fulure Land Use designalionnf the project site? IV -H.2, If the project invokes a rezoning, Zoning Code text change, Future Land Use Map change, Comprehensive Plan text change, or any combination thereof, please describe the need and justification for the request, PART V. OPTIONAL INFORMATION This entire Pert Is vptfonal for all applicants. Applicants areaneeuraged, Out not squired, to provide any. additloaalrelevant rnformalionregardingthe pmjectThalwasnelcoveredelsewhere a firs , to orvi anyof the othermeferlalssubmifledwith the application. Application for Development Approval Form ADA.200o revised 6M/00 Page 7 I/IS/30t3 3:59:09[ Ptl elr 0[ cuvvrt sowax0i acuna avw�t[0t5 u�.. ++[ gxats .x[ v[_[gv[o. axv voss[ssiox, rtPvwucxux o9 otx[q us[ a tris 0ac0u[xi. vntuwl tx[ wnn[x coxsws or cvggrt sow.x0s xv00. uvrsnr[cn ix... is Pvuxiert[>. \ DEVELOPMENT APPROVAL SET 1-15-2013 N =4=FOSS S�'oS=95" - 1pg za nW maOe "gM 'n z m 2 Li :E C UH. All" � ;� 9! r) � � D z_ lin go m a Gd nS T [r— A Fy ooh B m �a m ... .._.: » � .Ef DEVELOPMENT APPROVAL SET =ls ga . }\ \ [�! &7| A/• § % _ ! Q » n �: ; = sU! / _ \/ \ >) n =nkc o.\ AH" A;m, | q �� . - .|aR G s Q S » � ; a .�j� | !§)��� . " 1/15/30 1l x].i] Vis[ p��opCRir of Cvvw[ svw.pei scwLe apcxil[ns wc. .0 wcxis xp[ v[5[pv[e. axr xess[sNx. R[pwvuCeeN o9 elx[R us[ K lqs vnNu[nv. rvilxitvr pxE vinp[x caxs[xl w Wpprt SvwapDs court- xR[xx[cis uh.. is vpewBirtD. T PS is it DEVELOPMENT APPROVAL SET 1-15-2013 - D _ p o z 0o 'aaa��, mo� ;mg saoa��G9�� gp�=� gg ggs F3Y,�� 9w gE ��W m 'm a s_ a c y '��mm` D ���� o- a P vl o F � ���� a O n z S u H-11 s m4 np" z e=�� e p _ m N Hil� a a a 3 ton IN T m z 4 � m m 9 m r a 0 z m Z 4 >7 m D N m r D O z N DEVELOPMENT APPROVAL ET 1/15/2013 $ Dc o �m r X g m G om sF'e off,.. �i y P s9��83g 6"' 2 g n= m A 0 8 q y m m 9�3 Z y s13 9 S X "Kl W O O o' ao��gagg�'i p o° a D m z € �� natio yd Gl C g y I"� S N m z o ° m T ;oa e r��vm q m" BQg's G �§ G j§ ƒ / � ;m°! / \ ;§ . DEVELOPMENT APPROVAL SET >152a > !// 2§§;/_ st w (~;m HWI. # | g 0 3 OF a« SIN |9 . � . G j§ ƒ / � ;m°! 2»§n XG) 2 I I I I L O T 6 I I I o I q ] O b� x \ do s ;o L 01 13 LOT 2 I ~ LOT 1 HIDDEN PLAT TWO 5=PAGHARBOUR ----I I (PLAT BOOK 1IES 17 & 1-74) Jig - 35e 2- I I PH On a�gS Cn Aa a �a 5617370188 Fax .e SETTLEMENT AGREEMENT 02:15:19 p.m. 07-26-2013 2/22 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 ail disputes, appeals and pending litigation relating to the cases referenced in the column titled "CASES" on Exhibit "A" attached hereto (the "Cases"); and WHEREAS, on behalf of the Plaintiffs, Martin E. O'Boyle (O'Boyle) presented to the Town Commission a proposal to settle the "Cases"; and WHEREAS, the Town Commission has reviewed the proposal for settlement and wishes to settle the Cases and to resolve other matters as set forth herein on the terms set forth herein; and WHEREAS, it is the intention of the Plaintiffs and the Town to be bound to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein expressed, and for the other good and valuable consideration the receipt and sufficiency of which is acknowledged and confirmed, the parties, intending to be legally bound, hereby agree as follows: 5617370188 Fax 02:15:31 p.m. 07-26-2013 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, Guir 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 alla, a Level 3 Architectural/Sits 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.. `rhe -teem "rmprvvemeN4 2. The Town recognizes that its interpretation of the Code, including, without limitation, the current setback regulations established therein may not enable the Plaintiff O'Boyle, or a subsequent purchaser to rebuild or renovate the Improvements, Including, without limitation, the home; or enable O'Boyle or a subsequent purchaser to demolish the Improvements, including, without limitation, the home and construct Improvements, including, without limitation, a new home. Accordingly, in order to resolve the Cases between the Plaintiffs and the Town, the Town agrees that the lot coverage, floor area ratio, height, and setback of, inter alfa, the home's entry feature shall be permitted in accordance with the plans submitted with the Application (the "Plans") (which Plans shall be substantially the same as the Plans), which Application and Plans shall be an exhibit to the Development Agreement (the "Development Agreement"). The purpose of the Town's adoption of the Development Agreement is - 4s usep Jnr The S2#lle,Meti4 48rMMen,7t Shall 4iso jw-W e-�.+,Qe. i m provPmen-ts -b be Qo-s+rvc l,&D oN414 2 3122 I 5617370188 Fax 02:15:43 pn. 07-26-2013 to permit, inter alia, the floor area ratio, height of the home's entry feature, and front setback in accordance with the interpretation advanced by O'Boyle counsel in the argument portion of O'Boyle's Petition for Writ of Certiorari. The Development Agreement will also recognize that the Property's (including its Improvement's) setbacks will not be measured from the point of measurement currently established in the Code; but will be measured in accordance with the actual Property lines for building purposes among other purposes. It is also the purpose of the Development Agreement to facilitate the Plaintiffs or subsequent owner's demolition, rebuilding or renovation of the Improvements, including, without limitation, the existing home, or the construction of Improvements, including, without limitation, a new home. The Development Agreement shall be substantially in the form provided for in Section 163.3220, Fla. Stat. The Development Agreement shall include terms customarily used in the Town (but adapted to reflect the agreements of the parties as contained herein). The Development Agreement, among other things, shall allow the Plaintiff or a subsequent owner to demolish, rebuild or renovate the Improvements, including, without limitation, the home or to construct Improvements, including, without limitation, a new home such that the front setback is not measured as currently established in the Code. 3. Both the Town and O'Boyle agree to act in good faith to promptly enter into the Development Agreement, which Development Agreement shall contain terms consistent with the terms set forth herein as they relate to the Property, including those necessary or appropriate so as to facilitate the construction of the Improvements upon 3 4122 5617370188 Fax 02:15:55 p.m. 07-26-2013 the Property as set forth in the Application; and such other terms which are customary for Development Agreements in the Town for similar type Properties and improvements contemplated under the Application. The Town agrees to execute the Development Agreement as soon as practicable within Florida Statutes, but in no event later that 60 days from the date of this Agreement. 4. The Town agrees to waive any fees the Plaintiff might normally incur which are associated with the Development Agreement, the Application, the Approvals and any fines or assessments resulting from any violations existing at the Property, including, without limitation, the alleged violations set forth on the attached Exhibit B. 5. Intentionally Deleted. 6. Upon the execution of this Agreement by the Plaintiffs, the Town agrees to pay O'Boyle $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. 8. Upon the execution of this Agreement, the Plaintiffs shall dismiss with prejudice the Cases. 9. Upon execution of the Agreement, O'Boyle shall promptly (a) remove all signs from the Property other than approved address signs, and (b) within twenty days 4 5/22 5617370988 Fax 02:16:07 p.m. 07-26-2013. 6/22 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'). (S) The Town's Release of Plaintiffs. On the Effective Date, the Town shall execute and deliver a general release in favor of the Plaintiffs, which release is attached as Exhibit "132" attached hereto (the "Plaintiffs Release"). 13 Representations and Warranties of the Plaintiffs. Each of the Plaintiffs represents and warrants to the Town as follows: S 5617370188 Fax 02:16:16 pn. 07-26-2013 (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 bate; (b) that the Plaintiffs each represent that they have the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement as they apply to such Plaintiff; and (c) this Agreement has been duly and validly executed and delivered by the Plaintiffs and constitutes a legal, valid and binding obligation, enforceable against the Plaintiffs in accordance with its terms. 14.. Representations and Warranties of Town. The Town represents and warrants to each of the Plaintiffs as follows: (a) that the Town has not sold, assigned, transferred or otherwise disposed of any claims that the Town had, before the Effective Date against all or any of the Plaintiffs; D 7/22 5617370188 Fax 02:16:25 p.m. 07-26-2013 8122 (b) that the Town has the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement; and (c) this Agreement has been duly and validly executed and delivered by the Town and constitutes a legal, valid and binding obligation, enforceable against the Town in accordance with its terms. 15. Covenant Not to Sue. (a) Each of the Plaintiffs covenant and agree not to institute any litigation or arbitration against the Town for any matter or thing which is within the scope of the Town Release, as attached as D1. (b) The Town covenants and agrees not to institute any litigation or arbitration against any or all of the Plaintiffs for any matter or thing which is within the scope of the Plaintiffs Release, as attached as D2. 16. Continuation and Survivability of Representations Warranties and Covenants. The representations, warranties and covenants contained in this 7 5617370188 Fax 02:16:34 p.m. 07-26-2013 9122 Agreement shall survive the consummation of the transactions provided for in this Agreement 17. Indemnification. The Plaintiffs, jointly and severally, agree to defend, indemnify and hold the Town harmless from and against and in respect of any and all claims, suits. losses, liabilities, taxes, damages, deficiencies and expenses (including reasonable attomeys' 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. Indemnificatlon. 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 attomeys' 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. 8 5617370188 Fax 02:16:45 p.m. 07-26-2013 19. Notice of Default. No default shall have occurred under this Agreement until the defaulting party shall have been given 10 -days written notice to cure. If the cure is such that is will reasonably take longer than 10 -days and the defaulting party is pursuing the cure with diligence, then time within which to cure any such default shall be extended for such period as may be necessary to complete the curing of the default, providing that diligence and continuity are being used. 20. No Third Party Beneficlaries. This Agreement shall not create rights in any third -party beneficiary nor confer any benefit upon or enforceable rights hereunder upon anyone other than the parties and the "Releasees" in the Plaintiffs Release and/or the Town Release. 21. Further Cooperation. The Plaintiffs and the Town agree, at any time and from time to time after the date hereof, upon reasonable request, to perform, execute, acknowledge and deliver all such further documents as may be reasonably necessary or appropriate to cant' 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 E 10122 5617370188 Fax 02:16:57 p.m. 07-26-2013 11/22 parties therefore, agree and consent that the remedy of specific performance should be granted in any proceeding which may be brought to enforce any party's obligations under this Agreement without the necessity of proof that such party's remedy at law is inadequate. Such equitable relief shall not be the aggrieved party's sole remedy but shall be in addition to all other remedies available in law or equity. 23. Voluntary Execution of A regiment Each of the parties affirms that they are represented by counsel in this matter, that they have read and fully understand all of the terms of this Agreement, and that they are entering into this Agreement voluntarily without having been threatened, coerced or intimidated into the signing of this Agreement. It is further agreed that no provision of this Agreement shall be construed presumptively against any party hereto. 24. Headings. The headings and sub -headings contained in the titles of this Agreement are for convenience only and shall not be interpreted to limit or alter any of the provisions of this Agreement. 25. Governing Law. This Agreement shall be deemed to have been made, executed, and delivered in the State of Florida and shall be construed in accordance with the laws of the State of Florida. 10 5617370988 Fax 02:17:07 p.m. 07-26-2013 12122 26. Successors and Assions. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. No party hereto may assign its rights or delegate its obligations under this Agreement without the express prior written consent of the other parties hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, other than the parties and their respective heirs, successors and assigns, any remedy or claim under or by reason of this Agreement or any terms, covenants or conditions hereof. All the terms, covenants, conditions, promises and agreements contained in this Agreement shall be for the sole and exclusive benefit of the parties and their respective heirs, successors and assigns. 27. Notices. All notices, requests and demands to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made: If delivered in person, immediately upon such in person delivery; if by nationally recognized overnight courier service with instructions to deliver the next business day, upon delivery to the receiving party; and if by registered or certified mail, return receipt requested, upon delivery to the receiving party. All notices, requests and demands upon the parties are to be given to the following addresses (or to such other address as any party may designate by notice in accordance with this Section): 11 5617370288 Fax 02:17:19 p.m. 07-26-2013 13/22 f io t'_he Town: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Facsimile: 561-737-0188 NVifh a.copy to;� Jones Foster Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 John C. Randolph, Esquire Facsimile: 561-650-0465 If to any of the Plaintiffs: Martin E. O'Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 With a copy to: William F. Ring, Jr., Esquire Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 28. Counterparts, This Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs or photocopies of this Agreement with all signatures reproduced shall be considered, for all purposes, as if it were an executed original counterpart of this Agreement. 12 5617370.188 Fax 02:17:29 p.m. 07-26-2013 14122 29. Entire Agreement This Agreement contains the entire agreement of the parties with respect to the matters covered and the transactions contemplated hereby. No modification or waiver of any provision of this Agreement shall in any event be effective unless the same shall be in writing and signed by the party to be charged, and then such waiver or consent shall be effective only as stated in writing. 30. 1 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 5617370188 Fax 02:17:39 p.m. 07-26-2013 15/22 agreements, or any part thereof, O'Boyle and the Town agree that they shall each use their best efforts to vigorously defend any such actions. 34. Apology. The Town recognizes the stress and strife that the O'Boyle family has endured as a result of the Town's conduct. The Town recognizes that the O'Boyle home has a value well in excess of $1,000,000, but is uninsurable against wind because of the non-existence of proper protection, which would have been part of the Improvements installed by O'Boyle had the Town not initially denied the Application. The Town is indebted to O'Boyle for the many deficiencies in connection with the Town code that he has identified since his submission of the Application. The Town Commission believes that O'Boyle's actions will ultimately result in Gulf Stream being a better and friendlier place to live. 35. Reservation of Rights. Notwithstanding language in this Agreement (including the attached Release) O'Boyle reserves all rights and remedies related to any claims which he may have related to the scope and size of Improvements which may be constructed upon the Property, to the extent that the scope andlor size of improvements are less than the scope and size of the improvements which could have been constructed on the Property on the date when the permits for the existing Improvements (Including, without limitation, the home on the Property was originally issued, which date was approximately 1981. Notwithstanding the provisions of this Paragraph 35, O'Boyle shall not construct a home (or retrofit the existing home) on the Property so that it is more than two stories. 14 5617370188 Fax 02:17:52 p.m. 07-26-2013 16/22 36. Building Envelope. The Development Agreement will: (a) include a survey provided by O'Boyle, which survey shall provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of Improvements within the area between intercostal waterway, the private roads and the common property line to the west IN WITNESS WHEREOF, the undersigned have executed this Agreement as of July 26, 2013. I TOWN- F T EAM E By:rrt_� yor IN Commerce Group, Inc. Mart' .O'Boyle, President By: N984AC Caravan, LLC Martin E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member p:Wocs1131471000131doc11 gi6737.dou 15 5617370188 Fax 02:18:01 p.m. 07-26-2013 17/22 EXHIBIT "A" CASE NO. le 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 502013CA008452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #336 502013CA008919XXXXMBAD N984AC Caravan LLC vs Town of Gulf Stream PR 0351 502013CA011120XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013CA011122XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR Signage 502013CA011411XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR #407 502013CA011416XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #408 602013CA011417XXXXM13AD Martin E. O'Boyle vs Town of Gulf Stream PR # 409 602013CA011421XXXXMBAG 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 Souther District of Florida 13 -CIV -80530 Middlebrooks/Brannon Martin E. O'Boyle vs Town of Gulf Stream Injunction Declaratory Judgment p:W o cs1131471000131d o di gq 1763.do cx 5617370.188 Fax 02:18:14 p.m. 07-26-2013 18/22 EAibi+ B •.' Artie •4173 Town Of Gulf Stream i tdd Sea Road Gulf Stream, FL 93483 Zan/ng DeFdrfineat Ph. (S6i) 7"116 CODE ENFORCHMENT SPECIAL MAGISTRATE' Far (S6�1) 37-0I8B TOWN OF GULFSTRp,Wj FLORIDA CASE NO: CE 2-Z3 5-1 STATEMENT OF VIOLATION AND NOTICE OF MAKING .i Pursuant to section 2-75 of the Town of Gulf Stream Code of Ordinance, the undersigned he b gives notice of uncorrected violation(,) of the Town of Gulf Stream Code(,) more particular c crihed . herein, and reyttesta a PUBLIC MAGISTRATE of the Town. NEARING beTre the CODq HNFORCMA NT. •SAL I • Location/Addrws where violation(,) adst(s): 23 Hidden barb, , 2. Le$at'Descrlption• I -of 5 Hidden Barbour Estates 3• Nante and address oiowner/pen;oa in charge where violatlon(s) exist(s); 4• ViOiation of Town Code Sectido(s) and description(s): tta�io, P -aimed 0 . 66-446 prohibits any sign not listed as be Sec. 7D-146(6)(3) lists aMraved colors for U r8t2ited. e 5P� Mediterianean in exter = wall colors°• - require a LraveX 1 Architectural/Site P Wig• K ted on N sit in not listed. s ' 8 colors charges is a these Wit ATTACHM 69EC ;H gITS OF VIOIAATION') ` i 5. Date of First Inspection: 'Aurfil Faxed notdde on 5-1-13. lletuged to aceept hand delivered uo t o 6. Date owner first notified ofviolatioo(s): Accepted notdce a_ t Tom Hall on 5-$_ 31 5-1-13 7. Data art/b Was given 48 horses which was 3, 2013 Y, whieh'violations aro to be corrected: in the nnt3ae he refused but sent ***rrrrrM*r*►*s*wt+*r�rrrr*rviA f8x. ; IMPORTANT IVOTICE't *+rr*+erre**•�****� «r�+r• Unless the violator corrects the Violation(s) described heroin by the date ,et forth ab CONTACTS Tt� UNDERSIGNED 6 CODE INSPECTOR AT -2 il�l6 �ve COMPIdANCE with the Town Codes) cited herein, NOTICE IS' II'RBY GIVEN THAT'A PUBLIC 1IE:4RIIdQ WILL BB CONDUCTED for the above referenced proFdrtY boforc the To Stream Code Enforcement Special Magistrate an 6-4-13or as •df 134 . as the case can. be heard In the Town Hall Commission Chamber located d at I8p Sea hrY�� Stream; Florida, YOU ARE RE QUIRM TO APPEAR BEFORE THE SPECIAL MAGISTRATE at [ • ern' allegation that you have violated the above cited sections .of the Cade of britirian ..t ...W.", Town of Gulf 8lream, IF XOUPAII, TO ATTF,ND, the Special t1?agisttatc may base '� ~ solely upon prescatatior Wile Town Code Inspector WilliV.I. m 8 Tivaghar, own Manager ' Town of Gulf Stream 5617370158 Fax 02:18:32 p.m. 07-26-2013 YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (56I) 276-3116 ON OR BI THAT THE PARCEL OF REAL PROPERTY OWNED BY DES EU IN 3'HiS Norm IS NO LONGER iN VIOLATION OF TOWN CODES YOU ARE REQUESTING A REINSPECTION, IF THE VIOLATION(S) IWARB NOT CORRECTED IN CORRECTION, OR IF TIB VIOLATION(S) IS/ARB CORTHE TIME RECTI3D AND Tm SPEC PEC CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF TM VIC BEEN CORRECTED PRIOR TD THE SPECIAL. MAGISTRATE HEARING. IFF YOU FAFi TCI NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRBSUM CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THEPARCEL OF REAL DESCRIBED HEREIN AND OWNED BY YOU CONTINUES -TO BE IN VIOLATION. If the Special Magistrate fads that you have committed a violation, he/she may order it COMPLL NCE with the Code and if you fail to comply with such order within the tin 'forth therein, he/she eau UOOSB A FINE OF Up•TO in non-compliance. $250-00 PER DAY for each violatiS If the Town Is successful in prosecuting your case before the Special Magistrate, F11VBS IMPOSED BY TBE SPECL41 MAGISTRATE. SUCH EMS SHALL CONSTITCITE $ ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE.TO PAY Sp CAN RESULT IN FORECLOSURE AND COLLECTION ACPION BY THE TOWN, If you disagree with a decision of tho Spceial,Ma&trate, you may appeal to thb CMMrr 0 PALM BEACH COUNTY within 30.DAYS after the Special Magistrates Order Is entered. 14 011 wish to have the Special Magistrate RECONSIDER your case for any ressed or if you in Erle Sad is now id compliaoeo and you wish to request a REDUCTION IN APPLICATION AND THE APPROMATE FEE MUST BE SUBMITTED TO THE T GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH MUST 13E MET FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Special Masistrste with respect to considered at subject matting, they will need a record of the probvedings, and. re such may need to ensure that a verbatim record of the proceedings is made, upon which recd testimony and' evidence upon which appeal is to -be based. (FS 286.0109). 1'LEASE�GOVERNYOURSELFACCORDINGLY. . By: RIM L. Taylor, Town qrk Town of Gulf Stream 100 Sea Road OulfStream,.FL 33483 (561) 276-5116 9114,94 % ® FOR �TION(THES) BY THE OPERTY EDIATE ledod act emalaing /ILL BE BIN ON 1 FINES 1y Tir .ase was an WN OF ,QUEST` matters se, they includes 19/22 5617370188 Fax 02:18:48 p.m. 07-26-2013 20/22 EXHIBIT C Wiring Instructions: Branch Banking and Trust Company 300 Summers Street Charleston WV 25301. Routing # 051503394 Commerce Realty Group Inc Account # 5177704344 Attn: Robert Boder Phone: 304-341-1043 W7370188 Fax Exhibit "D1" RELEASE 02:18:54 p.m. 07-26-2013 21 122 This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given by the Plaintiffs (collectively the "Releasors' to the Town of Gulf Stream and its employees and elected and appointed officials (collectively referred to herein as the "Releasees"). In consideration of Ten Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had, has or may have, arising from, related to or in connection with the Cases and the matters contained in this Agreement. Notwithstanding anything herein to the contrary, this Release does not include and specifically excludes all obligations Releasees have to the Releasor under that Settlement Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreement") and arising under all instrutnents 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. INVITNESS WHEREOF, the undersigned have executed this Release as ofthe day and date first ttehabove. E. O'Boyle Commerce Group, Inc. E. O'Boyle, President By: NpjAC Caravan, LLC artin E. O'Boyle, Member By: - Airline Highway, LLC Martin E. O'Boyle Managing Member 5617370188 Fax Exhibit "D2" RELEASE 02:19:09 p.m. 07-26-2013 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 from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had, has or may have, arising from, related to or in connection with the Cases and the matters contained in this Agreement. Notwithstanding anything herein to the contrary, this Release does not include and specifically excludes all obligations Releasees have to the Releasor under that Settlement Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreement") and arising under all instruments and documents delivered or executed in connection with and in furtherance of the Settlement Agreement. Releasors and their respective agents, attorneys, shareholders, officers, directors, employees, heirs, executors, administrators, personal representatives, successors and assigns are bound by this Release. This Release shall inure to the benefit of each of the Releasees and their respective heirs, executors, administrators, successors and assigns. This Release is governed by and shall be construed in accordance with the laws of the State of Florida. IN VIITNESSVdMREOF, the undersigned have executed this Release as of the day and date first written abo e.- 22122 0 EW itE° b y GG =+ O C`E Zp ► .�.Qyi �C IN C F °C� a ffff !N A y b It �r rD �v SD 1D ^. ID Ri v CT' (D w. H H ID O fD rL ID 1% EP ID AI O n 0 Fr '.07 tv 1qD g rn c __ __ a y LOT 2 0' H (D H HARBOUR PLAT '^J 'K 115, PACES 17 ' S�. _-------._ o yIm M w ¢. Coo C r1 fD fD �+ mo o P. 5'0 o It Err" x'81 (n m :° q 3,�,,,aaaaa a zif �a �i �m BH BD B14 �. as as as w°-r�f�z �—ham-7L From:OConnor, Joanne M. on behalf of OConnor, Joanne M. <JOConnor@jonesfoster.com> To:Kieta, Marge Subject:Document: james re proposed dock o"boyle Date:Friday, May 25, 2018 9:48:05 AM Attachments:image001.png Could you pls print for me to sign? Tx. KeyWords: DN1UY4163 Client: 13147 Town of Gulf Stream Matter: 00060 O'Boyle vs. Gulf Stream - Case #2014CA004474 AG Author: JMO Doc Type: LTR Profiled by: JMO james re proposed dock o'boyle= File://P:\DOCS\13147\00060\LTR\1UY4163.DOCX   Joanne M. O’Connor   Florida Bar Board Certified Business Litigation Attorney Telephone:  561.650.0498  |  Fax:  561.650.5300  |  joconnor@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.     From:Randolph, John C. on behalf of Randolph, John C. <JRandolph@jonesfoster.com> To:Baird, Thomas J. Subject:FW: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 Date:Tuesday, April 18, 2017 4:40:32 PM Attachments:img20170412162847.pdf Meeting Minutes and Diagram.pdf Development Agreement.pdf Tom, Please see the attached and give me a call at your convenience so that we can discuss same. Thank you. JOHN C. RANDOLPH   John C. Randolph   Attorney Telephone:  561.650.0458  |  Fax:  561.650.5300  |  jrandolph@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.   From: William Ring [mailto:wring@oboylelawfirm.com] Sent: Wednesday, April 12, 2017 4:26 PM To: Randolph, John C. <JRandolph@jonesfoster.com>; Baird, Thomas J. <TBaird@jonesfoster.com> Cc: William Ring <wring@oboylelawfirm.com> Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981 This message originated from outside your organization FYI - Skip and Tom – attached is that portion of the Developers Agreement referencing “1981”. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-360-0807 (fax) 954-328-4383 (cell) From: William Ring Sent: Wednesday, April 12, 2017 3:12 PM To: Randolph, John C.; Baird, Thomas J. Cc: William Ring Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue Hello Skip and Tom: Happy Easter and Spring. Since you both worked on the O’Boyle Development Agreement with me, I wanted to let you both know that I was in Town Hall yesterday with new/revised plans for the O’Boyle House at 23 Hidden Harbour. For the most part, everything went well with my meeting with Ms. Taylor and Mr. Thrasher and I obtained most of the sign offs/approvals I needed for the submittal to Delray Beach. We are hopeful to begin renovations soon and I am sure everyone will be happy to see the house look better. However, we did have a disagreement on the proposed renovations to the Dock. At this time, the Town is not willing to provide me with their blessing for the Dock. In that connection, attached pleased find sheets A1.01 (Site Plan) and A1.02 (Enlarged Site Plan). Generally, I believe its Ms. Taylor’s position that the Dock width is limited to 5 feet by the current code. I believe the Proposed Dock fits within the terms and conditions of the Development Agreement and the Town should approve it (and the current code does not apply). I am requesting that you review the attached plans and the Development Agreement and advise the Town to provide me their approval for this Dock. The sooner the better. Thanks Bill Ring PS – I point out that Mr. O’Boyle may have to obtain a dock-building permit from Delray Beach and/or other approvals from the Army Corps or the DEP; so, the Town may not have any authority over the matter, but I would like to obtain their approval nonetheless. William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell) From: Randolph, John C. [mailto:JRandolph@jonesfoster.com] Sent: Monday, September 23, 2013 10:40 AM To: William Ring Subject: RE: developement agreement - oboyle Great! Thank you. The original document will be delivered to me today for recording.   John C. Randolph   Attorney Direct Dial:  561.650.0458  |  Fax:  561.650.5300  |  jrandolph@jonesfoster.com   Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.   Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message. MINUTES (:)I°' THE SIIECIAI.,i\ll'-,fTINI(',,-\ND PUBLIC.H.EARING 131"'ING HF',LD BYITlE1'I'('.)WN ('0N,l'MISSK')N 0F THE TOWN OF' GL.TLF`STR11*Ai\1, ON TUESDAY, SEPTEMBER 17, 20'13 AT 9:00 A.M., IN THE COT\IMISSION CHAMBERS OF u-no'.,i3O\X.NC HAIJ, 100 Sl­,ek ROAD, (31_171.,F STIUIVNI, FLORIDA, I. Call to Order: Nfavor Orthwein called thel%leetiti� to order at 9:00A.P%l. II. Pledgu(i_fAllegiance. 'Mayor Orthwein led the Pledge of Allegiance. 111. Roll Ca ll: and Joan K. Orthwein Mayor Participating Thomas ll. Stanley Vice -Mayor Robert W. Ganger Cc mmissiorier Donna S. White Commissioner Via Telephone W� Garrett 1.)cring ("'otilmissioner ;klso Present and %Villiarn F1.111rasher Town.NL.fallager Participating Rita L. T;iylor Tourn Clerk Thomas Baird Acting.L'ow-n Counsel IV, PUBLIC HEARINQ� 1 1 Proposed 23 Hidden Harbour Dr. Actirio, Ton Counsel Baird read the changes in Fxhibit C of the fast frons the e.Town Public I learing. I le reported that the kg wernent is now oriented in at manner which allows the reader to 1110re readily- read the document. Town Counsel Baird continued that there is now a reference to the: water. area. I le stated that the document was not clear enough itt terms of what, f anything, could be put into the water extended frorn the lot. Town Counsel Baird continued that following the word "water" on the third line, it now reads "provided that strep water structures are approved by the Town of Gulf Stream", which means that the Tt)wn will follow .its Code Section 66-369 in temis of docks. Town Counsel Baird further stated chatinvtbinap a 11, .. laccd in the water will h., ve to conform to the code. He also addressed the change in L.,'xhibit B which is the Settlement Agreement that is incorporated into the Development Agreement on Page 2, Paragraph I., regarding the term "improvement". Town Cotmscl Baird continued "as used in tile SettlementAgrecinent shall also include future improverrients to be constrLtcted on the properr.N-". Vice -Mayor Stanley inquired as to what was being added with regard to the Declaration of Conditic)ns for Hidden Harbor Estates that is enclosed. Acting Town Cotinsel Baird e-xplained than nothing is acrually being added to the Declaration. He continued that tNI.t. O'Bovle'sAttornev, INtr. William Ring, Supplied it as further explanation with regard to the savcrures that will be built on the lot. Vice -Mayor Stanley inquired if the 1'ownassurries that the Town Code is "trumping" thel-40A Declaration. Acting Town Counsel Baird replied "Yes". Special Meeting and Public Hearing Town of Gulf Strearn September 17, 2013 — Page 2 Mayor Ortlxwein asked for any questions or further comments. There were no comments. 2. Resolution No. 013-04; A RESOLUTION OF TH.1.4 TOWN CUMMISSION OF THE TOWN OF GLI,,F STREAM, FLORIDA, APPRON'INC� AND INCORPO.R'Al'ING THER.F"IN A AGREEMENT 131,"INVEEN THE' TOWN AND K,\R`I'IN E. O'BOYLE AINIONG OTI-IfTR THINGS GOV'ERNTS TH.l,' I,0TCOV1.-'lRAC-,E,,AND HEIGHT OF AN" l, Sl.,N-Gi..E FAMILY RESIDI",NTIAL STRUCTURE TO BE' CONSTRUCTED AT 23 HIDD.I.,.,'N HARBOUR DRIN_'F, WITHIN THE TOWN OF GULF STRI,"AINI, I.-1,C)RIDA, AND IlRO\'lDINC'; FOR AN FFFECTIVE, D_,YrE. Vice -Mayor Stanley moved and Commissioner Ganger seconded to approve Resolution N(-,). 013-04, and further tri authorize the Mayor to initial certain changes provided by tlieT(-rvn Cnunsel in agreement at this meeting. All voted AN't. Mayor Orthwein,,isked foranN- comments frc)m the public, There were notic, V. Adjournment: Mayor Orthweinadjourned the niectint; at 9:'10 AAL Sandra 1'ei'll Recording Secreta n- 01J go1' > .. ID w w rn r'l tr1' H rt o m r) n Oq n q ID y ' 0" O �, y (3' ID bn [D (y R O (D . ErO OQ 1 �+ O mlqD $a' � T C ' y LOT 2 R+ I p? N HARBOUR PLAT y ',7 'X 115, PA OCS 17 loo x ' O (CD O aye+ '-4 %< O0 � o y R. in ID (D y � • O wi, " a cn (D _ T 0 iW.h7C, N woC W Wo���hz From:Marty O"Boyle on behalf of Marty O"Boyle <moboyle@commerce-group.com> To:"rtaylor@gulf-stream.org" Cc:Randolph, John C.; William Ring; Brenda Russell Subject:FW: development agreement - oboyle - 2017 Plans - Dock Issue - 1981 Date:Wednesday, June 28, 2017 4:04:21 PM Attachments:06.19.2017 Rita Taylor.pdf Rita – please see below and attached. The attached was apparently (and – if so – inadvertently) not sent to you on June 19, 2017. Nonetheless, I wanted you to have the letter. Needless to say, if not received by you, I would like to apologize for this “slip up”. Thank you for understanding. PS: I am sending a courtesy copy of this email to Mr. Randolph.     Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com   From: William Ring Sent: Tuesday, June 27, 2017 5:07 PM To: 'Randolph, John C.' Cc: William Ring; 'OConnor, Joanne M.' Subject: RE: developement agreement - oboyle - 2017 Plans - Dock Issue - 1981   Skip:   Attached is a letter dated June 19, 2017 from Rita Taylor to Marty O’Boyle regarding the approval of the plans for the outdoor areas (deck, dock pool, and other outdoor areas at 23 Hidden Harbour.   I wanted to make sure you had a copy.   Per Ms. Taylor’s request,  this afternoon, I submitted to the Town (Trey Nazzaro and Rebecca Tews) an Application for the outdoor areas (under protest with reservation of rights) along with 4 Copies of Sheet A102 Enlarged Site Plan showing the outdoor areas.   I mentioned to both of them that I thought they should speak to you about this Application.   When can I expect to hear back from you/Town re: the  approvals? Have you made any progress on your research?   Thanks   Bill Ring   William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 954-570-3510 (ph) 954-328-4383 (cell)   From: Brenda Russell Sent: Wednesday, June 21, 2017 1:44 PM To: Marty O'Boyle; William Ring Subject: Rita Taylor letter of 06.19.17 responding to MEO's of 06.16.17 regarding Plans/Application - Project #1101         Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com   COMMERCE GROUP moboyl e o co m me rce-group. co m Direct Dial Telephone #954-570-3505 [DS500874.DS2] June 19, 2017 VIA E-MAIL: rta lor0gulf-stream.org TELEPHONE #661-276-5116 Town of Gulf Stream loo Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Re: Plans — O'Boyle Home — 23 North Hidden Harbour Drive, Gulf Steam, FL (the "Premises") Dear Ms. Taylor: Earlier today we hand delivered to you a letter relative to the captioned Premises. I understand that Bill Ring spoke to Skip Randolph last week; and Mr. Randolph mentioned that there was never any application made to the Town for a dock or a pool. As I understand it, the application was not made for two reasons: 1. You said that you were flatly denying the plans applicable to the exterior; 2. Since the Agreement that governs the development for our utilization of the property provides that we are only subject to codes in place as of 1981, to our knowledge, there were no requirements applicable to pools or decks on that date. Consequently, there would be no need for an application. Of course, if what we say in the 1St sentence of this numbered paragraph two (2) is not correct, please advise with the authority upon which you rely. The above aside, if you feel that you do need an application, we are willing to oblige such a request, with the understanding that we will be doing it under protest and reserving all our rights. Please let us know in that regard. P/ iio 1/C/CC/2o 17RENOVATION www.commerce-group.com TEL. 954.360.7713 . FAX. 954.360.0807 1280 WEST NEWPORT CENTER DRIVE, DEERFIELD BEACH, FLORIDA 33442 Rita L. Taylor, Clerk June 19, 2017 Page 2 Rita, as always, your kind cooperation is appreciated. Sincerely yours, LU) `,_l' a u Martin E. O'Bo(le Enclosure cc: John C. Randolph, Esquire — E -Mail William F. Ring, Jr., Esquire — E -Mail RECEIPT OF LETTER ACKNOWLEDGED Rita L. Taylor Date: P/ 1101/C/CC/2017RENOVATION From:Leach, Janet C. on behalf of Leach, Janet C. <JLeach@jonesfoster.com> To:OConnor, Joanne M. Subject:FW: email to bill ring re: O"Boyle dock Date:Thursday, March 29, 2018 12:27:46 PM Attachments:test.docx The attached language was sent in an email to Bill Ring on 6/30/17 @ 2:59 p.m. (I was out that day and Rosie sent it for JCR)   Janet C. Leach   Secretary to John C. Randolph and Karl J. Sanders Telephone:  561.650.5358  |  Fax:  561.650.5300  |  jleach@jonesfoster.com    Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.   From: Amador, Rosana G. (Rosie) Sent: Friday, June 30, 2017 2:52 PM To: Leach, Janet C. <JLeach@jonesfoster.com> Subject: email to bill ring Email msg to go back to William Ring: Dear Bill: In response to your e-mail of June 27, I have conferred with Rita Taylor who has advised me that the plans filed by Mr. O'Boyle referenced in your e-mail have been reviewed by the Town. Mr. O'Boyle will be hearing from the Town shortly in regard to such review. It is my understanding that certain portions of the plans relating to the deck are ready to be processed by the building permit upon receiving the necessary construction drawings relating thereto. I am further advised, as to the dock, that the plans as presented cannot be approved as the plans are not in conformity with the applicable sections of the Town Code relating to docks. You have alleged and your client has stated in correspondence to the Town dated June 16 and June 19, 2017 that the dock is permitted based upon the terms of the Settlement Agreement between the parties dated July 26, 2013. Your assertion is, as I understand it, based upon paragraph 35 of the Agreement which provides, in part, "to the extent that the scope and/or 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." You allege that because the 1981 Code had no limitation on docks that your client is entitled to build a dock in conformity with the plans submitted to the Town. On behalf of the Town, I disagree with your assertion in this regard for the reasons stated below which reasons are not intended to be exhaustive in the event of a future challenge or subsequent litigation. It was clearly the intent of the Town and, we believe all parties to the Agreement, that the Property referenced in paragraph 35 of the Agreement, when read in para materia with paragraph 36, relates to that portion of the Property which was in dispute and defined in paragraph 36 which reads as follows: "36. Building Envelope. The Development Agreement will: (a) include a survey provided by O'Boyle, which survey shall provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between intercostal (sic) waterway, the private roads and the common property line to the west." The Development Agreement referenced in that paragraph was signed and agreed to by the parties on September 17, 2013. That Agreement in paragraph 19 references the Building Envelope and states as follows: "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 (sic), however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town." Exhibit C describes the Building Envelope as the "Cross-Hatched" area. The Cross- Hatched area does not include the water. Exhibit C contains the following language: "Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) ("Water Structures") may be constructed and/or installed in the area designated hereon as "Water", provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated "Water" remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area." The Minutes at which this Development Agreement was approved are attached. These Minutes clearly reflect the intention of the parties in regard to this matter. Town Council Baird made it clear at that hearing that any water structures were required to be approved by the Town of Gulf Stream, “which means that the Town will follow its Code Section 66- 369 in terms of docks.” Further on in the meeting Resolution No. 013-04 approving the Development Agreement was approved unanimously. That meeting was held on September 17, 2013 and the Development Agreement was executed on that same date. Based upon the above, the understanding of the parties, their intent and their written agreement appears clear. On this basis, the Town will require, if Mr. O'Boyle wishes to proceed with the construction of a dock in the area designated as water in Exhibit C of the Development Agreement, that he file plans with the Town which are consistent with the requirements of Town Code. Very truly yours, John C. Randolph, Esq. F:\\test.docx From:OConnor, Joanne M. on behalf of OConnor, Joanne M. <JOConnor@jonesfoster.com> To:Randolph, John C. Subject:FW: re Proposed Settlement Agreement - Gulf Stream/O"Boyle et al Date:Wednesday, May 9, 2018 12:23:13 PM Attachments:Settlement Agreement.pdf Exhibit D - Draft Plan for Proposed Dock.pdf fyi   Joanne M. O’Connor   Florida Bar Board Certified Business Litigation Attorney Telephone:  561.650.0498  |  Fax:  561.650.5300  |  joconnor@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.     From: Scott Morgan <scottmorgan75@gmail.com> Sent: Sunday, May 06, 2018 8:13 AM To: Trey Nazzaro <TNAZZARO@GULF-STREAM.ORG>; Bob Sweetapple <rsweetapple@sweetapplelaw.com>; OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al This message originated from outside your organization From: Martin E. O’Boyle Sent: Friday, May 04, 2018 4:54 PM To: scottmorgan75@gmail.com Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1. A copy of the Settlement Agreement, which I am currently prepared to sign. 2. A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. _______________________________________________________________________________________________________________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 SETTLEMENT AGREEMENT 1 For and in consideration of good and valuable consideration, the adequacy and receipt of which are acknowledged, MARTIN O'BOYLE and the TOWN OF GULF STREAM and each Releasor (as defined below), agree to the content of this Settlement Agreement. 2 Each individual or entity in each of the Cases (listed on Exhibit "A" hereto) is shown in the column on Exhibit A titled "Releasing Plaintiff" (each such individual or entity in the column on Exhibit A titled Releasing Plaintiff shall be referred to in this Settlement Agreement as a "Releasor"). The term "Cases" shall mean individually and collectively those Cases listed on Exhibit "A" hereto. MARTIN O'BOYLE, individually and on behalf of each Releasor, and the O'Boyle Parties (as defined below), fully and forever hereby irrevocably discharge and release The TOWN OF GULF STREAM, its present and past Commissioners, employees, Manager, attorneys, agents, consultants, vendors, contractors, consultants, insurers and successors and assigns (individually and collectively the "Gulf Stream Parties") from the Cases but limited to the claims actually asserted by the applicable Releasor in the Cases (listed on Exhibit "A" hereto). As used in this paragraph, the O'Boyle Parties (as defined below) does not include Citizen's Awareness Foundation, Inc. 3. To the extent that The TOWN OF GULF STREAM has, had, may have or may have had explicit or implicit authority, on behalf of itself, and its present and past Commissioners, employees, Manager, attorneys, agents, consultants, vendors, contractors, insurers and successors and assigns, together with any party listed on exhibit B who has executed exhibit B (individually and collectively the "Gulf Stream Parties"), The TOWN OF GULF STREAM fully and forever hereby irrevocably discharges and releases the O'Boyle Parties (as defined below) from each and every action, cause of action, lawsuit, appeal, post judgment proceeding, claim for attorney's fees, claim for costs, claim for Sanctions (as hereafter defined) (whether requested or imposed), public records request, claim for any award, loss, damage, judgment, remedy, or relief whatsoever in law and in equity, including each and every claim arising under local law, state law, federal law, the Florida Constitution, and/or the United States Constitution (collectively "CLAIMS") which the Gulf Stream Parties ever had, now has, can or may have against any of the for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement. The term "O'Boyle Parties" when used in this Settlement Agreement (unless otherwise stated) means, individually and collectively: (a) Martin E. O'Boyle (sometimes referred to as "O'BOYLE" or "O'Boyle"); (b) Airline Highway, LLC; Asset Enhancement, Inc.; CG Acquisition Company, Inc.; Commerce GP, Inc.; Commerce Group, Inc.; Commerce Realty Group, Inc.; CRO Aviation, Inc.; Our Public Records, LLC; Stopdirtygovernment, LLC; Public Awareness Institute, Inc.; and Citizens for Open Government, LLC (c) and Citizens Awareness Foundation, Inc.; (d) SLO 16 Hidden Harbour, LLC; (e) the "O'Boyle Requestors" (as defined below); and (f) all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, heirs and assigns of all of the above individuals and all parties listed in subparagraphs (a) though (e) above, including, without limitation, all present and past directors, shareholders, members, officers, employees, consultants, vendors, agents, attorneys, partners, -2 - insurers, successors, heirs and assigns of all of the above individuals and all parties listed in subparagraphs (a) though (f) above. Notwithstanding anything to the contrary in this Settlement Agreement, the term "O'Boyle Parties" shall not include Denise DeMartini, Daniel DeSouza, and DeSouza Law, P.A. 4. The Gulf Stream Parties fully and forever hereby irrevocably discharges and releases: (a) Jonathan O'Boyle, Esq.; (b) Giovani Mesa, Esq.; (c) Nicklaus Taylor, Esq.; (d) Ryan Witmer, Esq.; (e) William F. Ring, Esq.; (f) The O'Boyle Law Firm, P.C. (the "OLF") and (g) all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of the OLF (individually and collectively "O'Boyle Attorneys") from all CLAIMS which the Gulf Stream Parties ever had, now has, can or may have against the O'Boyle Attorneys, including, without limitation, any claims and other matters arising from their representation of O'Boyle Parties, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and the Gulf Stream Parties also hereby knowingly waives all such CLAIMS; except that, in the event that any of the O'Boyle Attorneys seek in the capacity as a litigant, any form of judicial or other relief against any of the Gulf Stream Parties (each individually and collectively referred to as a "New Attorney Lawsuit"), then this paragraph will not prevent, limit, reduce, or otherwise hinder any of the Gulf Stream Parties in its rights or ability to defend itself and to assert all defenses in any such action brought by any of the O'Boyle Attorneys. 5. The TOWN OF GULF STREAM and O'BOYLE will file promptly stipulations for the dismissal with prejudice of the Cases (the "Dismissals") in the appropriate court to secure a final order of dismissal of each case with each party to the Cases to bear its own attorney's fees and costs, even if a party is otherwise entitled to seek attorney's fees and costs ("Costs") from another under a fee or cost shifting provision. All sanctions claims made, ordered, or granted, 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, the TOWN OF GULF STREAM hereby waives payment of all Costs and Sanctions ("Sanction Payments"). The form for the Dismissals is attached hereto as Exhibit `B". 6. This Settlement Agreement amounts to an immediate written withdrawal of each and every public records request unfulfilled as of the date of the execution of this Settlement Agreement to the TOWN OF GULF STREAM by O'BOYLE, a relative, employee, associate, agent, an entity which is controlled by O'Boyle or attorney of O'Boyle, but only to the extent that any such party was acting on behalf of O'Boyle (collectively "O'Boyle Requestors"). The withdrawal of the public records requests referred to in the preceding sentence shall not apply to the public records requested in existing lawsuits that are not referred to in Exhibit A. -3- 7. In the event that any O'Boyle Requestors submit a public records request to the TOWN OF GULF STREAM (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 OF GULF STREAM ("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 OF GULF STREAM will be governed by Chapter 119 of the Florida Statutes ("Chapter 119"). 8. The TOWN OF GULF STREAM and O'BOYLE have read this Settlement Agreement with the assistance of counsel and understand its terms, obligations, operation, and effect. The TOWN OF GULF STREAM and O'BOYLE acknowledge that their entry into this Settlement Agreement shall not be deemed or considered to be any admission or acceptance of blame, liability, or responsibility. The TOWN OF GULF STREAM and O'BOYLE 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. 9. The TOWN OF GULF STREAM and O'BOYLE 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. 10. 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 OF GULF STREAM 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 O'BOYLE shall be made to Martin O'Boyle (with a copy to William F. Ring, Esq. ME at 1280 W. Newport Center Drive, Deerfield Beach, FL, 33442. 11. 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 TOWN OF GULF STREAM and O'BOYLE consent to the exclusive jurisdiction of the Circuit Court for the 15th Judicial Circuit for the State of Florida for enforcement of this Settlement Agreement. 12. 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 13. The content of this Settlement Agreement contains the entire agreement of the TOWN OF GULF STREAM and O'BOYLE with respect to all matters covered and the transactions as contained herein. 14. 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 OF GULF STREAM and O'Boyle. 15. 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. 16. Beyond the scope of this settlement agreement and this release are the following: A. Any claim for (i) O'BOYLE's accrued financial obligations to the Town, arising from normal municipal functions, such as taxes, assessments, use fees and utility services and (ii) any matter that does not exist on April 3, 2018 and arises thereafter from the Town's normal municipal and code enforcement functions; B. Anything that would limit the Town in its rights or ability to assert all defenses available to a defending party in any lawsuit or proceeding of any kind that (i) is pending between the TOWN OF GULF STREAM and MARTIN O'BOYLE or any of the O'Boyle parties after the execution of this Settlement Agreement or (ii) is based upon conduct that occurred prior to the execution of this Settlement Agreement; and C. Anything that would limit the Town in its rights or ability to assert all defenses, defensive matters or sanctions available to a defending party in any lawsuit or proceeding of any kind based on conduct arising after the execution of this -5 - Settlement Agreement by MARTIN O'BOYLE or the O'Boyle Parties. 17. Notwithstanding anything to the contrary in this Settlement Agreement: A. The parties to this Settlement Agreement agree that the Development Agreement and the Settlement Agreement (the "l" Settlement Agreement") attached hereto as composite Exhibit _C_ (collectively the "Original Agreements") are in full force and effect and that the Plaintiffs (as defined in the I" Settlement Agreement) and Owner (as defined in the Development Agreement) each have and reserves all rights that each has (individually and collectively) under the Original Agreements. B. The parties to this Settlement Agreement agree that O'Boyle has the right to construct, place and install upon the Property (as defined in the Original Agreements) any and all improvements and installations, including, without limitation, items of personalty, equipment, materials and other similar type items which were not prohibited to be constructed, placed or installed on the Property before January 1, 1981. C. By entering into this Settlement Agreement, the Town of Gulfstream approves the installation, placement and construction of all improvements, including equipment, material, and other items of personalty (including, without limitation, the improvements extending over the water as shown on the plan attached hereto as composite Exhibit D IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement as of April _, 2018. Witness: Witness: Witness: Witness: Martin E. O'Boyle individually and on behalf of each Releasor and the O'Boyle Parties Town of Gulf Stream on behalf of the Gulf Stream Parties Exhibit "A" - Case List I:\Projects\Non Project Related\Legal\Active Disputes\Settlement - Gulf Stream-O'Boyle\Exhibit A to Settlement Agreement 05.01.18.xisx A I B C 1 EXHIBIT A TO SETTLEMENT ;-1-18 Z— �.---- ---- Releasing Plaintiff Martin E. O'Boyle 3 — - - -- —�-- Case Number 1 1502014CA00I572XXXXMB 4 5 2 502014CA002728XXXXMB ;Martin E. O'Boyle 3 502014CA005628XXXXAG ;Martin E. O'Boyle 6 — 4 j502014CA008076XXXXMB Martin E. O'Boyle 7 5 '502014CAOI0216XXXXMB Asset Enhancement, Inc. 8 1I 1 Martin E. O'Boyle, Airline Highway LLC, Commerce Group, Inc., Commerce 6 502014CA011940XXXXMB Realty Group, Inc., CRO Aviation, Inc. Our Public Records, LLC, and CO Acquistion Company, Inc. 9 7 502016CA004546XXXXMB Martin E. O'Boyle i i ff I:\Projects\Non Project Related\Legal\Active Disputes\Settlement - Gulf Stream-O'Boyle\Exhibit A to Settlement Agreement 05.01.18.xisx Exhibit B - The Town of Gulf Stream Robert Sweetapple, Esq. on behalf of himself and Sweetapple, Broeker & Varkas, PL and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above. Joanne O'Connor, Esq. on behalf of herself and Jones, Foster Johsnton & Stubbs, PA and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above. Jeffery L. Hochman, Esq on behalf of himself and Johnson Anselmo, Murdoch, Burke, Piper and Hochman, PA and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above. Gerald F. Richman, Esq on behalf of himself and Richman Greer, P.A. and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above Joshua A. Goldstein, Esq. on behalf of himself and Cole, Scott, Kissane PA and all present and past directors, shareholders, members, officers, employees, attorneys, partners, insurers, successors, and assigns of each of the above Scott Morgan Thomas Stanley Paul Lyons Donna White William Thrasher Edward Nazzaro, Esq. Rita Taylor Joan Orthwein Robert Ganger Gregory Dunham Kelly Avery Freda DeFosse Renee Basel EXHIBIT C - Oril4inal Agreements (Development Agreement and the 1St Settlement Agreement) ]:-'X . 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Architecture, Planning,Interiors, & Sustainable Design AA26001584 185 NE 4TH AVENUE SUITE 101 DELRAY BEACH, FL 33483 THESE DRAWINGS ARE PREPARED PER ESTABLISHED INDUSTRY STANDARDS AND REPRESENT THE ARCHITECT AND ENGINEERS DESIGN CONCEPT. THEY ARE NOT INTENDED TO PROVIDE EVERY DETAIL OR CONDITION REQUIRED TO CONSTRUCT THE BUILDING. THE CONTRACTOR THROUGH SUBMITTALS AND OTHER COORDINATION EFFORTS IS FULLY RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERATIONAL BUILDING WHETHER INDICATED ON THE PLANS OR NOT.T:(561) 276 -4951 F:(561) 243 -8184 E -MAIL: office@csa -architects.com 4-07-2017 8 / 1 1 / 2 0 1 7 8 : 4 4 : 3 3 A M J:\120902 OBOYLE RESIDENCE\DRAWINGS\OBOYLE RESIDENCE RENOV-DOCK\DRAWINGS\120902-OBOYLE-DOCK.rvt ENLARGED SITE PLAN JC A1.02OBOYLERESIDENCEKITCHEN AND DOCK RENOVATION 23 HIDDEN HARBOR DRIVE GULF STREAM, FLORIDA 1209024-07-2017 PERMIT SET 4/07/2017 1/8" = 1'-0" A1 . 0 2 1 SITE PLAN Enlarged 12'-0" WIDE DOCKN 1 " = 1 ' - 0 " A1 . 0 2 2. DE T A I L C O L U M N T O B E A M C O N N E C T I O N NUM. D E S C R I P T I O N D A T E 1 B l d g . D e p t . C o m m e n t s 5 / 9 / 1 7 2 C o n t . D o c k t o P r o p L i n e 8 / 1 0 / 1 7 1 From:OConnor, Joanne M. on behalf of OConnor, Joanne M. <JOConnor@jonesfoster.com> To:Leach, Janet C. Cc:Randolph, John C. Subject:Gulf Stream - O"Boyle dock Date:Wednesday, May 16, 2018 10:18:15 AM Skip has written a couple of letters to Bill Ring about O’Boyle’s dock. Could you find and forward to me pls? tx.   Joanne M. O’Connor   Florida Bar Board Certified Business Litigation Attorney Telephone:  561.650.0498  |  Fax:  561.650.5300  |  joconnor@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.       From:Macfarlane, Mary on behalf of Macfarlane, Mary <MMacfarlane@jonesfoster.com> To:OConnor, Joanne M. Subject:Jonathan O"Boyle called Date:Monday, March 5, 2018 12:53:23 PM Regarding the dock issue. You can call him at 954-470-3501 or 561-758-1223 (cell). Thanks.   Mary T. Macfarlane   Secretary to H. Adams Weaver, Joanne M. O’Connor and James C. Gavigan, Jr. Telephone:  561.650.5396 |  Fax:  561.650.5300  |  mmacfarlane@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.     From:OConnor, Joanne M. on behalf of OConnor, Joanne M. <JOConnor@jonesfoster.com> To:Elaine James <ejames@elainejohnsonjames.com> (ejames@elainejohnsonjames.com) Cc:Randolph, John C.; "TNAZZARO@GULF-STREAM.ORG"; Macfarlane, Mary Subject:O"Boyle - Proposed Dock Date:Friday, May 25, 2018 9:59:01 AM Attachments:1UY5247-james re oboyle proposed dock.PDF 1GW0334-settlement agreement martin oboyle executed.PDF 1HA9065-development agreement martin oboyle recorded.PDF Elaine – Please see attached correspondence. Enjoy your holiday weekend – Joanne   Joanne M. O’Connor   Florida Bar Board Certified Business Litigation Attorney Telephone:  561.650.0498  |  Fax:  561.650.5300  |  joconnor@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.       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 �� AroJeGIsFtAquiringaSpacfalFxnepflan. � V'E:. Is the ptoposud use a parrnifLd sparaal excepfjan usa? IV E.2, How 6 the use designed, foaled end YeS Q' Na Code 5edion: Q � j tvet;ar%and moralsw�� b, p reled ? Proposed to be opereled so that the Public health, safely E v[ f GS W113' Wig the use cause subanyal hjoy 10 the value of other ro ' be looaled? I yes a P p art y In the neighborhood where It is to Explah� .(�� (L AwlbW :FNIHA r~Ep WITH t4F1t 44.' p t{rwr w��l the use be eompal��ie with adjeining tlevafo is 10 be located? pment and the Character of Etre Gllstdcl where II rur vel 5 OAKr��- N" IrS. WnatiandsGepingand screening are Provided? NO RANTD JA f ��rb�� ��. �� (��lVs' �6 Roes the use co fo with all applicable n?gulallons ovemfn the D'sidct w healed? Qye��No g 9 herein o is to be t��pialn T 1Ct��rt,.5�� A $ ,1 rr�� rdND�� T ��' ��v`���� �� ���� ���%C�� T��(�� . SCK- S ll'..��`�� Nb C P��c11�� 11 a P4AD 1 bT Cif NWIS. . F, on ftosldenila) projeGls and ReoidarlQ�� peo��eG�� of Creator than 2 Units �� i f rl t WIj . IV F.1, If common Aram facIIIlies are to be psovidad, describe Ihem and how they are 0 be mainlalned. IV'l II recreation fadliges aro In be provided, desm'be them and Ill potengal hpacts on surrounding properUee. lV ' For each of the foitowlnI list the nu Tiber provided and their dlmansians. Loading spaces: Slandatd pig Spacac: Small Cat paridng Spam: Handicapped Parking spaces: f?dverrayslAlslAe: Appri1lorrforOevetopmanl Approval Form Munn pego 5 "TbWof GuirS[ream All ANCE " 2!" ftMK G.. Projects Requiring a Variance (code Section 66-150 Ihrough 157) , JV,G.1, From what spDaie Zoning Code rogulatlon is avar[ ro requested? l -I UID F EAVE 15 ?.W `r sae LOWNS 11 WDAD PHYSICAWJo -&�LP.16T WITH RISTIN6 F2F 19LO. IV -G2. What does tho Zoning Code require for this specific silo?$F FNjmwly �EATQPE IS wNIT � `rN D` N JC1PT AIJ-hWNt ._6U7- TW VAVE VOLD 9 11'D W `� ISIV.ra ebb Ly. 1V.G,3 What is proposed? fAA �tr -'.18 u . L ,— I Elf 6 DK. WGA What is the total variance requested? $ 11, i$1M 23•L? r i 3 IV G.5. The fol)owing 6 mandolory variance findings from Section 66.154, must oe addrested—ftach additional sheat If necessary.) (1) What specific candWons and dreumslances exist which are peculiar to [ha land, sbuclum,.nr bullding involved and which aro not applibabie to other lands, slructrires, or bulldings in ilia same zoning district? RI'STIN� IEA t M b1N1;_BVILT U1JM WV1bk5 COIF, (2) Did the special condo'€ons and circumstances result from the acllons of the 8PP11 al? Yes D (3) tN01 granru�g Iho variance conies upon the appgcanl�ny special prlv1aga Uralis der by the Zoning Coda to other lands, buldings, or shclures in the same zoning dlsb X; Yes Ido• Explain:J 1F I i r '" 01HOl109AT1 TRIS HDM Ui�l UE (4) Hovt would a ]iteral interpretation of the pmvislons of lheZoning Ordinance depr€ve the applicantol rights commonly enjoyed by other properties In the same zontng dlsWci under the same terms of tics ordinance end work unnecessary and undue hardship on the appiican17 11115 VNfNV60 Cf CANTeE A U.E E-�A (5) tc the Variance raqupstLsd rile minimum variance that mattes possible the reasonable use of the. land, buldlrig or structure Ye No Explain:N M A p kg`ib r I H &99 (6) Wli granting the varlance permit any -prohibited use to be estabrished or re-established: Yes Na (7) is the requested variance conslsteoloals, polies, and ob)aetives of [he future Land Use Nap of the adopted Compreheirslve Pian1 Ya No (6) wits the variance be in harmony with the general intent and MOB of the Toning�in rice and nul be hjudous to the area Involved or oltherviise detrimental to,lhe pubricweltare7 Yes No Explain: I�1j I t� fu _7we, AWLS. —_ Application for DavetopmentApproval, Fo;mADA320g0 Page 6 February 2002 _ �' Fown'ofG0lfSiream VW NN G_ Projects Requiring a Vailance (code section 66-150lhrougt1157) ._ IV,G.1. From what specific Zoning Code re ju€attan is a varianca requesled? — c ti r y\1 W.G.2 Mat does the Toning Code require fof chis specific site? ANT_-'rBACK. - W Rom 11E�F !V '' WT UNE TW rrEFFEETIVE" 0 T URF? 46 ("U VFN T& AND FDAD Aj2 "TN IV,G.l What is proposed? ME SIDE OF TN 15 046E. IV G* What €s the Lalal valiance raquesled? 1 (� { jUC9W041Ai NIf WITH 2' ENCRUIO FENT. IV,G.5, The following 8 mandatory vartance findings from 5eclion 66.154, must be addressed; (Atloch addl6orral sheet if necessary.) (1) What specific condlllone and rdreumslances exist which are pacWar to the land, slruclure,.gr building Involved and which aro not applicable to other (ands, stnrcldras, or buildings In the same xoniag district? 'FRE W NAS NAHM A14b A W 8DW�DWI IN WA5 (2) Did the spacial condilions and cfrcumsiancas rasult from the actions of the applicant? Yes Na (3) Will granting the variance confer upon the opplicaniany special prlvfago that Is deptad by fha Zoning Code (o•olhariands, buildings, or strpclures In the same zoning district? YoNo �r txptain; , i �AN UAB WA`s NA AGI, y n�j>� L �CAT�D- i7vjA r�o�c NfD12Mlr� . (4) Holy would a literal interpretallon of the provisions of the Zoning Ortfinance deprive the applicant of rights commonly enjoyed by other pmperlies in the same zcning district under ins same terms of the ordinanca and work unnecessary and undue hardship an the applicant? TA OM1 UW.K 6 ADI UME?, 3 L (5) is. (he Variance requasipditla minimum variance Thai makes possible 1110 wasonehle use of the land, huildidg or structure? IV No rr Explain: NO OLD DE V I T T WHE 6 7'� 109e DidLD NEW Yt+tiNIM- NRO410815 ffA aD `/- �M PAVf MRA (&) Will granling the variance permit onY,prohlblled use to be eslahllshed Of re,eslobfshsd: Yes (7) Is the requastgd variance cansistant w€t)4*, goals, pafcles, and objectives of the future Land Use (+tap of [he adopted Comprehensive Plan? Y No (6) WIII the variance be in hormony wish tha gensral lalant and purpose of the Zoning(nca and not be Injurious to the area Involved at otherwise datrimental toallara7 'fie. /the pubiie wNO Explaln: I"r V�IILi.RRAN& AHL Application for oevaiopment Approval, Form A©A.320e0 Page G February 2002 -rl4Ek� 15 AN t-415TIN6 Al-Rj JM THAI EXTEI\td5 V ANS RERACED M AN �NMNa M\)t VATMN( 6 ONLY 2 FAom TW FgDP'f fAcj' aF- -14f 4401KbE r. tllYrl} 07 UtUstrealp H. Projadts Requiong Rezoii*ing tV.N t. What is the Futuna Land Use. deslgnauun of (he project bila? WH -2. It The project fnv0lvea a rezoning, Zoning God'e lext change, Future land Use Ma COmpdanf r Pian le"t change, 0r MY Comh'mallon Ihereaf, please doscti6e Lha need and Justircallan for the request PART V. OPTIONAL INFORMATION ihls ""I a tart is oplTanat for all appgcanfs, AppBcants are enadumpad, imt'01 ragjred, to edditiatral raleventtnfomrali0n repardnylhe prgect that teas nbf covered pruvitfc any elsewhere on this fofrrr Aron arryof tfre Olhurmsfeflalssutumled;wr h 06 appfrcalfon AAPOmIlim for Davelopment Appsmral Form ADX20DO revived 6000 I'd9e 7 tW o��J•� n ae scall" n [WK w.:Rm : Hwt '.�.-.Ilml •,'_ a wu r.¢ liur[c. ai hSulw, MF:t�eatw v o':M ��t u 'w 4rzu C,n nlwwis tq Hnut� tete• v [wx Iwww� wy• �++1[rn Y:.. n r�w�n14 1/51/IASl 1gtN ti L , DEVELOPMENT APPROVAL SET 1-15-6p2013 z NE@ �p 6PJ6'�& E EECL•F�•� i] U1 t L , DEVELOPMENT APPROVAL SET 1-15-6p2013 NE@ �p 6PJ6'�& GG F y� p F i " EECL•F�•� i] U1 Z F gy§ n lug mF FFF n P�«FFC 9 2 y Bey tl j�j�_ (� �••'• ... QCC&Q i IpTI pFF § q \ % o � §r m °G`� Q^I` < �'§( / » q %� •/\ � ƒ/d#;:� 27 wG.l�.F! •� � _ QrGlq 2s'1Vn a# » 3gg Ln 5 Lu till d e MOE- � "r � i @O¢lu UOZ-SI-L i3S "IHADdddtl lNgHdOlaAM ti mc�n uoxl�V� vltsroli w T Wt�nfn ��v w..n loin) � i.1t� �1sIM >•t inrin. IssTnn w !i fM ono n �+t�iment vnmwa i,� 'b+11M M i�.w h. 'a. Silli.or .nf- lv'�ts NYu a :.Hipu wt 4 1�}+'xa tn� G �LnjFgF6 v Lu5 R D'SC7T E s-E� rt F yy gg ppp q��" i,J 4 �p Q EIOZ/ST C .135IVAObddV 1N3Wd l3A3a uj CC Lli - h3lxhx' Lf i� e$C�E`6�5 ' i7 =�Fg VO¢U a Ul Q uzi aa' ion ` 6 EoC g M ETOZ-ST-I .13S IVAO'dddV lN3WdOIDA30 Hk atntntr v ^� tt:Ltan +a+• tv��wt Mvu p :tnwS xtti�. M! v.xgr t�l•2w win Sf� nx�o r w�Yewtn m[-.xtta. tr 'SYt]pt M teat n' r t:.l:w[� [na. t[��.t{ 1�t m nt[tnt. Mt v lxYt.Yn + 6 5517370188 Fax l�, 02:15:19 p.m, 07-26-2013 2 122 SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT (Agreement) is entered into, by and between the parties fisted on Exhibit A in the column tided 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 Wed "CASES" on Exhibit "A" attached hereto (the "Cases"}; and WHEREAS, an 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: 581737096& Fax 02:15:31 p.m. 07-26-2013 3122 1. The Town recognizes that the Plaintiff O'Boyle believes that the Town did not apply a correct interpretation of its Code of Ordinances (the Code) as it pertains to 23 North Hidden Harbour Drive, Gulf Stream, Florida (hereinafL-r 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 alfa, a Level 3 Architectural/81te Plan (the Application) and such other permissions, approvals, interpretations, clarifications and authorizations relating to the Property (the "Approvals") to demolish and construct the Improvements upon the Property as contemplated.. 'The `to -Q -m `t rmpNueri e1,j4 ►r 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, fnciuding, without limitation, the home, or enable O'Boyle or a subsequent purchaser to demolish the Improvements, including, without limitation, the home and construct Improvements, including, without limitation, a new home. Accordingly, in order to resolve the Cases between the Plaintiffs and the Town, the Town agrees that the lot coverage, floor area ratio, Leight, and setback of, inter alfa, the home's entry feature shall be permitted in accordance with the plans submitted with the Application (the "Plans) (which Plans shall be substantially the same as the Plans), which Application and Plans shall be an exhibit to the Development Agreement (the "Development Agreement"). The purpose of the Town's adoption of the Development Agreement is 1 fit PMVEMPAA'"S 4v be- cu. rf"l c feD eh+ Ota ?r'b pe y'�-t . 2 v 5617370168 Fax 02:15:43 p.m 07-26-2013 4122 to permit, inter alia, the floor area ratio, height of the home's entry feature, and front setback in accordance with the interpretation advanced by O'Boyle counsel In the argument portion of O'Boyle's Petition for Writ of Certiorari. The Development Agreement will also recognize that the Property's (including its Improvement's) setbacks will not be measured from the point of measurement currently established in the Code; but will be measured in accordance with the actual Property lines for building purposes among other purposes, It is also the purpose of the Development Agreement to facilitate the Plaintiffs or subsequent owner's demolition, rebuilding or renovation of the Improvements, including, without limitation, the existing home, or the construction of Improvements, including, without limitation, a new home. The Development Agreement shall be substantially in the form provided for in Section 163.3220, Pia. 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 5617370166 Fax 02:15:55 p m 07-26-2013 5122 the Property as set forth in the Application; and such ether 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 limitatlon, 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 $180,000.00, in readily available funds by Federal Wire Transfer pursuant to Wire Transfer Instructions as designated by O'Boyle, which wire instructions are attached as Exhibit C. T, Upon execution of this Agreement, the Town agrees that O'Boyle can proceed to improve the Property In accordance with the Application and to promptly provide O'Boyle with such Approvals as necessary. 8. Upon the execution of this Agreement, the Plaintiffs shall dismiss with prejudice the Cases. 8. Upon execution of the Agreement, O'Boyle shall promptly (a) remove all signs from the Property other than approved address signs, and (b) within twenty days 4 5617370188 Fax 02:16:07 p m. 07-26-2013 6122 remove all murals on the exterior of his home and return the color of the paint on the home to the color that existed previously. 10. Plaintiffs agree that upon execution of this Agreement, all pending public record requests made to the Town shall be deemed withdrawn. 11. In the event any of the Plaintiffs or the Town are required to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney fees through the appellate level. 12. RELEASES (A) The Plaintiffs Release of the Town. On the Effective Date , the Plaintiffs shall execute and deliver a general release In favor of the Town, which release is attached as Exhibit "Di" 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 "D2" attached hereto (the "Plaintiffs Release"). 13 Rel2resentations and Warranties of the Plaintiffs. Each of the Plaintiffs represents and warrants to the Town as follows: 5 56 7370188 Fax 02:16;15 p m. 07-26-2013 7/22 (a) that the representing Plaintiff has not sold, assigned, transferred or otherwise disposed of any claims that any of the Plaintiffs had against the Town before the Effective nate; (b) that the Plaintiifs each represent that they have the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement as they apply to such Plaintiff; and (c) this Agreement has been duly and validly executed and delivered by the Plaintiffs and constitutes a legal, valid and binding obligation, enforceable against the Plaintiffs in accordance with its terms. 14.. Representations and Warranties of Town. The Town represents and warrants to each of the Plaintiffs as follows: (a) that the Town has not sold, assigned, transferred or otherwise disposer] of any claims that the Town had, before the Effective Date against all or any of the Plaintiffs; 9 5517370186 Fax 02:16:25 p m. 07-26-2013 6122 (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 (e) this Agreement has been duly and validly executed and delivered by the Town and constitutes a legal, valid and minding 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 fining which is within the scope of the Town Release, as attached as Q1. (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 132. 16. Continuation and Survivabili of Re resentations Warratnties and Covenants. The representations, warranties and covenants contained in this 7 567370188 fax 02:16:34 p m 07-26-2013 9122 Agreement shall survive the consummation of the transactions provided for in this Agreement 17. Indemnification. The Plaintiffs, jointly and severally, agree to defend, indemnify and hold the Town harmless from and against and in respect of any and all claims, suits, losses, liabilities, taxes, damages, deficiencies and expenses (including reasonable attomeys' fees) of any kind or nature (collectively, "Town Clairns' 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. @ndemnificaflon. 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 attomeys' fees) of any kind or nature (collectively, the "Plaintiffs's Claims") which any of the Plaintiffs may suffer, sustain or become subject to by reason of, arising out of, or in connection with: (a) the inaccuracy or breach of any of the representations and warranties of the Town set forth in this Agreement; and (b) the breach by the Town of any provision, covenant or agreement contained in this Agreement or any document, instrument or agreement contemplated hereby.. 0 5617370189 Fax 02:76:45 p.m- 07-25-2013 10122 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 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 andfor the Town Release. 21. Further Coo g do . 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. 5 ecific 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 9 5617370188 Fax 02:18:57 p.m, 07--26-2018 11!22 parties therefore, agree and consent that the remedy of specific performance should be granted in any proceeding which may be brought to enforce any party's obligations under this Agreement without the necessity of proof that such party's remedy at taw is inadequate, Such equitable relief shall not be the aggrieved party's sole remedy but shall be in addition to all other remedies available in law or equity. 23. Voluntary Execution of Agreement Each of the parties affirms that they are represented by counsel in this matter, that they have read and fully understand all of the terms of this Agreement, and that they are entering into this Agreement voluntarily without having been threatened, coerced or intimidated into the signing of this Agreement It is further agreed that no provision of this Agreement shall be construed presumptively against any party hereto. 24. Headings. The headings and sub -headings contained In the titles of this Agreement are for convenience only and shall not be interpreted to limit or alter any of the provisions of this Agreement. 25, Governing Law. This Agreement shall be deemed to have been made, executed, and delivered in the State of Florida and shall be construed in accordance with the laws of the State of Florida. 10 56/7370166 Fax 02:17:07 p m 07-26-2013 12/22 26. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. No party hereto may assign its rights or delegate its obligations under this Agreement without the express prier written consent of the other parties hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, other than the parties and their respective heirs, successors and assigns, any remedy or claim under or by reason of this Agreement or any terms, covenants or conditions hereof. All the terms, covenants, conditions, promises and agreements contained in this Agreement shall be for the sole and exclusive benefit of the parties and their respective heirs, successors and assigns. 27. Notices. All notices, requests and demands to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made: if delivered in person, immediately upon such in person delivery; if by nationally recognized overnight courier service with instructions to deliver the next business day, upon delivery to the receiving party; and if by registered or certified mail, return receipt requested, upon delivery to the receiving party. All notices, requests and demands upon the parties are to be given to the following addresses (or to such other address as any party may designate by notice in accordance with this Section): 11 56173701B8 Fax 02:17:19 p,m. 07-26-2018 13122 �ta-fh6 Tannin_: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Facsimile: 561-737-0188 Vllith a.cy to. Jones Foster Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 John C. Randolph, Esquire Facsimile: 561-650-0465 If to any of the Plaintiffs: Martin E. O'Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 With a copy to: William F. Ring, Jr., Esquire Commerce Group, Inc. 1286 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 28. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs or photocopies of this Agreement with all signatures reproduced shall be considered, for all purposes, as if it were an executed original counterpart of this Agreement. 12 5617370188 Fax 02:17:29 p.m. 07-26-2013 14/22 29. Entire A regiment 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 5617370188 Pax 02:17:39 p.m. 07--26--2013 agreements, or any part thereof, O'Boyle and the Town agree that they shall each use their best efforts to vigorously defend any such actions. 34. APD]OgV. The Town recognizes the stress and strife that the O'Boyle family has endured as a result of the Town's conduct. The Town recognizes that the O'Boyle home has a value well in excess of $1,000,000, but is uninsurable against wind because of the non-existence of proper protection, which would have been part of the Improvements installed by O'Boyle had the Town not initially denied the Applicatlon. 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 andior size of Improvements are less than the scope and size of the improvements which could have been constructed on the Property on the date when the permits for the existing Improvements (including, without limitation, the home on the Property was originally issued, which date was approximately 1981. Notwithstanding the provisions of this Paragraph 35, O'Boyle shall not construct a home (or retrofit the existing home) on the Property so that it is more than two stories. 14 15/22 5617370166 Fax 02:17:52 p.m. 07--26-2013 16122 35, 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. .. w Commerce Group, Inc. Mart' O'Boyle, President By: N984AC Caravan, LLC Maqfn E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member p:Wc)ms 1314nOODl31docki gr6737.doa 15 56173701BB Fax 02;16;01 p.m 07-26-2013 17122 EXHIBIT seer CASE NO, 1& Judicial -Circuit Palm Beach County, Florida PARTIES SUBJECT 502013CA006750XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #332 502013CA008125XXXXMBAH Commerce Groin, Inc. vs Town of Gulf Stream PR #000 502013CA00BB09XXX,XMBAA N984AC Caravan LLC vs Town of Gulf Stream PR 9343 502013CA008701XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #340 502013CA008594XXXXMBAG Airline Highway LLC vs Town of Gulf Stream PR #341 502013CA008452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR 0336 502013CA00891 9XXXXM BAD N984AC Caravan LLC vs Town of Gulf Stream PR #351 502013CA01 1 120XXXXM BAD Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013CA011122XXXXMBAI Martin E. ©'Boyle vs Town of Gulf Stream PR Signage 502013CA011411 XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR #407 502013CA011416XXXXMBAO Martin E. O'Boyle vs Town of Guff Stream PR #408 502013CA011417XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR m 409 602013CA011421XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #410 502013CA011423XXXXMBAD Martin E, O'Boyle vs Town of Gulf Stream PP -941l 502013CA011424XXXXMBAE Martin E. O'Boyle vs Town of Gulf Stream PR #412 502013CA0063BBXXXXMBAY Martin E, O'Boyle vs Town of Gulf Stream Certiorari US District Court Southern District of Florida 13 -CIV -80530 Middlebrooks/Brannon Martin E. O'Boyle vs Town of Gulf Stream injunction Declaratory Jud meat p.Mow113147100DIN CMggl753,docx 5617370166 Fax 7.onfng TO" Of Gulf Stream TOO SCM -Road C'WE5tnMM. FL 33483 02:18:14 p.m. 07-26-2013 Axl�io A73 r' CpI3E'bWop-aME 1' SPPCI. L MAGI5TRAM nm (501) 7 TOYM OF amp STREAM, ii ,0MA � Qi SE NO. CM ., 5-1 STATEMENT OF VIOLATION AND NOTICE OF �G Fnfstfant to sectlan 2-75 of ilre Town nFGuifStrcarrt Gale of Clydinancc, the uadersigxsed he, gye; AntiCO of uncorrected violatian(s) of the Town of Calf Sb YA Cade(s) mate partieuler c eri6ed herein, and requests a PiIHLIC; bc%re the C{3D' MAGMTRATE of the Town. ) ORC�,IENiI CLU 1• I.ocakionlAddress whore vialafinu(s) gdsf(s); 2.3 � hp� 2. LgaMescriptian: lot 5- � iiarbmw Estates 3. Name and address ofawnarlperaon io ehnrga where violu6on(a) cxist(s): M=tin 4. Moitrtion of Town Coda Sxtiun(r) and desctiptionQ Sec. 66446 p=hibit:s any sighs not meted as Se-__ 70-106 (b) (3) Usl,l is approved cal = ias Spa 3sr-Lxt (ra- wal i, colors � a ievd 1 Arrht cbmgr.%. (SITE ATTACHM 11WMML10 Ulf VIOLATION") S. Data of FastImpection: 1 FMMd 'not ids an 5_1-23. Refused to accept hand dp_ vared , 5-1-13 6. Dote ownerfusitwtided ofviolatioa(s): Accepted uot3ce at Tcm Hail, on 5_g 31 7. Dat©a Was Avea 48 'i 0=H uix%ch was 3, 2013 Mry, whichviolatians are to be corrected: drstrua. swt3.ce be refase8 but. s via Elm. II41i'ORTAPITI+lOT7CE******+*+**+*or***+r*a I � j lJnless On violator correoto the violadaa(a) desen'bed heroinby the date act iarth ab CONTACTS TEE UND1E2rSIG1 D CODE INSPECTOR AT S6].242 fi 5-- 1 _ COMPLIANCE With the Town Code(;) cited haroin, NOTICE 13 y 'AAZr A P�vrri ZZC I_MA t a WIC BE CONI M -M .for the above rate eaead pmpdrty bmf rethe Tei Stream Code Eaforceruent Special Magistrate on 6..4-13f (3d .. as the arse can be beard 1n the Town Hall Gammissian ChMnhcr Stream; Florida local d at 100Sea ad G Wf YOU ARE RE..` . QUMD TO AT'1'$AR BEFORE TTiE s�i3CIAL MAGISTRATE ansat � t' wer 6CEtions that yon have violated the, ftvc cited sections pf the Code of Otsaln'riu t� " Tow4 of Clulf Stream. IF YOU.RATE IL To ATND, this Spoelal Magistrate may base iindin solely upon Presentation bytm Tawe Ludt Iapectar t r ps r 4 WiUiarn IT: T'�rrashat; awa Manager Town of isulfStream 18122 r -d ars 5 aide direfig- Ca N l ;ed. Ttjis M61: luted. meats stxuctalr S colors Plan Remi c is a these 3 (SITE ATTACHM 11WMML10 Ulf VIOLATION") S. Data of FastImpection: 1 FMMd 'not ids an 5_1-23. Refused to accept hand dp_ vared , 5-1-13 6. Dote ownerfusitwtided ofviolatioa(s): Accepted uot3ce at Tcm Hail, on 5_g 31 7. Dat©a Was Avea 48 'i 0=H uix%ch was 3, 2013 Mry, whichviolatians are to be corrected: drstrua. swt3.ce be refase8 but. s via Elm. II41i'ORTAPITI+lOT7CE******+*+**+*or***+r*a I � j lJnless On violator correoto the violadaa(a) desen'bed heroinby the date act iarth ab CONTACTS TEE UND1E2rSIG1 D CODE INSPECTOR AT S6].242 fi 5-- 1 _ COMPLIANCE With the Town Code(;) cited haroin, NOTICE 13 y 'AAZr A P�vrri ZZC I_MA t a WIC BE CONI M -M .for the above rate eaead pmpdrty bmf rethe Tei Stream Code Eaforceruent Special Magistrate on 6..4-13f (3d .. as the arse can be beard 1n the Town Hall Gammissian ChMnhcr Stream; Florida local d at 100Sea ad G Wf YOU ARE RE..` . QUMD TO AT'1'$AR BEFORE TTiE s�i3CIAL MAGISTRATE ansat � t' wer 6CEtions that yon have violated the, ftvc cited sections pf the Code of Otsaln'riu t� " Tow4 of Clulf Stream. IF YOU.RATE IL To ATND, this Spoelal Magistrate may base iindin solely upon Presentation bytm Tawe Ludt Iapectar t r ps r 4 WiUiarn IT: T'�rrashat; awa Manager Town of isulfStream 18122 5517370188 Fax 02:18,32 p.m. 07-26-2013 19122 YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561)276-5116 ON OR BPC RR ?tL33 THAT Tl PAEtC1±i, OF FtI:AI. PROPERTY gWI+TEEI �i' DPS EMD iN 7HIS NDTiC319 NO LONMR 1N VIOLATION U AND OF TOWN CODESYOU ARE REQUESTING REINSnCTION, 7E AT IF TBE VIOLATIONS) IWAIM NOT CORIt cIED IN THE T&M SPE WRPLECT'ION, OR IF TTIE VIOLA=10) WARE CORRECTED AND THEN RE CASE MAY BE PMEMM TO FOR Tim THE SPECIAL MAGISTRATE i3vHl'I IP' TRE VIOL "AVr I'EW COItIiECTIK) PRIOR, TO THE SPEC wb MAGISTRATE? HEARING. CODE ENFORCEMENT SSPEETOWN 0 M, I r WILL $E P.RE w ..PI CIAL MAAGISMAT� HAA _ . BY THE TSE PARCEL OF REAL DESCRIH}3iD HEREN AND OWNRtD By YOU CON TAMES T O BE IN VIOLATION, P 1s�tTY If this Special Magistr to &IS that you have oumnatted a violation, he/she may ander CCIMPLIANtTE with the Code and If you fsil to comply with such I,q TE order within the liras, forth thccnin, he/she can IMPOSE A F.tl �E OF UP T'0 $ZO-00 PER DAY far Ia erigd oat non-mrapliance. each violation g If the Tgwu is successful in prosecuting yotu• ease barons the Special Magistrate, I,RgR$ WILL BE RODSM BY TIM SPECIAL MAOMPATE SUCH FWSS SHALL CONSTTTUM-A LMj ON ANY RE1 OR PERSONAL P3tOPERTy OWNED BY YOU. FAILURE TO PAY S1 E EI MM CAN RMULT IN FORECIASM AND CCDLLEC ION ACl'ION BY TMTOWN. If you distxgran with a decision ofthe Special Magiatrate, you may appeal to tht CiRC%lt*r C UItT OF PALMBEACH COUNTY within 30.I?AYS alter the Special Magls4ate's 0rderls entered, If'you wish to have the Spt:eial Magistrals RECONSIDER. your case for any reason or if you cess vras in fuze and is now m, compliance and you wish to request a RMUCMQN IN A Im APPLICATTION AND TBB APPROPRIATE FEE MUST BE SUHMMBD TO THE T WN OF GULF STE.EIAM .FOR ANY SUCH REQUPSTS. ALL REgURRMt `S FOR SUCH MUS'li `BE MB i` FOR TiTE ,MCIAL MAGISMTE TO i ECoNsmER Y0[ift CASE. QUISi Iia peman decides to appeal any decision made by the Special Nbgistmte with respect to y matt= cans dercd of stabject meeting, they tvRl need o record of the preaeedings, anti - foie such p ese, they tnay treed to ensure that a verbatim retard of the pmcftdiags is made, upon which h.ppreoincludes testimony and evidence upou 'vvhich appeal is tri be based (FS Z86.C1105) i'I RM GOVERN YOURSKF ACCORDWGLY, B3" Tota L Taylor, Town qrk Town of Gulfstream 100 Sea Road GuIf Stream YL 33463 .(561) 276-5116 5617370188 Fax 02:18:48 P -m. 07-26-2013 20/22 Wiring 1h9tructions: 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 5617370188 Fax 02:18:54 p m 07-26-2013 21122 Exhibit "D1" RELEASE This Release, made as of July 26, 2013, is executed this 26th day of July, 2013, is given by the Plaintiff;; (collectively the "Releasors") to the Town of Gulf Stream and its employees and elected and appointed officials (collectively referred to herein as the "Releasees"j. In consideration. of Ten Dollars ($10.00) and for and other goad 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, dries, 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 Releasers 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 finis 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 VUfNESS WHEREOF, the undersigned have executed this Release as ofthe day and date first WrIttQqabove. M. E. O'Boyle By: , Commerce Group, Inc. E. O'Boyle, President By: N AC Caravan, LLC NI E. O'Boyle, Member By: _ Airline HEghway, ILC Martin E. O'Boyle Managing Member 5617370166 Fax 02:19:09 p.m. 07-26-2013 22122 Exhibit "132" RELEASE This Release, made as of July 26, 2013, is executed this 26th clay of July, 2013, is given by the Town. of Cuff Stream on behalf of itselt its employees and its elected and appointed officials (collectively the "Releasors'j to the PlainfiTs (collectively referred to herein as the "Releasees"). In consideration of Ten .Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, scams 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 fintherance 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 oftbe 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 WANES S REOF, the undersigned have executed this Release as of the day and date first written aboI go, Hal Iw5H:5� i I=� e�S�xw Ci 8 C7 "� a c :' I s --- _ `� Q� u — — — — I� ti .a.*�.rr..arrawa uMl .Ir7d xnaBaru x t 107 1 0 7Oj CU 44 R � F ! 6 y � Ni! o PI I a JONESFOSTER JWINSTON &STUBBS, P.A. Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney 561-650-0498 Fax: 561-650-5300 joconnor@jonesfoster.com May 25, 2018 By E-mail(eiames(a,elaine.iohnsoniames.com) Elaine Johnson James, Esquire Elaine Johnson James, P.A. P.O. Box 31512 Palm Beach Gardens, FL 33420-1512 Re: Proposed Dock at 23 N. Hidden Harbour Drive Dear Elaine: Please allow this correspondence to summarize what the Town understands Ml. O'Boyle proposes relative to construction of a dock at his residence at 23 North Hidden Harbour Drive and at least some of the reasons why the proposed dock is not permitted. This correspondence is without prejudice to the Town's right to assert additional grounds to deny a proposed dock of the size and scope it understands Mr. O'Boyle is contemplating. BACKGROUND The 2013 Application, Settlement and Development Agreement. In early 2013, Mr. O'Boyle applied for development approval seeking permission to construct a new front entry feature to his home at 23 North Hidden Harbour Drive, which was built in 1983 ("the Residence"). The Town Manager determined that four (4) variances would be required. The Town Commission as Board of Adjustment conducted a quasi-judicial proceeding and sustained the Town Manager's determination that 4 variances were required, only one of which was granted. O'Boyle appealed the Town Commission's final order While the dispute over the dock was pending, from February 2013 to July 2013, Mr. O'Boyle served hundreds (approx. 400) of public records requests on the Town. From April to July 2013, he filed approximately 16 public records lawsuits arising out of these requests against the Town. In July 2013, the Town entered into a Settlement Agreement with Mr. O'Boyle, agreeing to pay him $180,000 and to enter into a Development Agreement. The Town "agree[d] that the Since 1924 I West Palm Beach I Jupiter I Palm Beach Flagler Center Tower 505 South Flagler Drive, Suite 1100 West Palm Beach, Florida 33401 www.jonesfoster.com Elaine Johnson James, Esquire May 25, 2018 Page 2 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." (Settlement Agmt. ¶ 2). In September 2013, the parties entered into the referenced Development Agreement. The Town agreed to the development O'Boyle sought, namely in accordance with the Application and pertinent to the height of the home's entry feature and the measurement of the front setback to the property. (Dev. Agmt. ¶ 9). The Proposed Dock and the Town's Code. As the Town understands it, Mr. O'Boyle proposes to construct a dock 12 feet wide and extending the entire length of his property (from the east property line to the west property line). The Town has regulated docks in its Code of Ordinances since 1991. The current Gulf Stream Town Code regulates Docks in Article VIII — Supplemental District Regulations, Division 2 — Accessory Structures and Recreational Facilities, Section 66-369 — Docks. The proposed dock at the Residence violates at least two parts of Section 66-369: 1. Subsection (6) b, which reads "No dock shall exceed five feet in width" and 2. Subsection (6) e, which creates a `docking zone' and which, relevant to the proposed dock at the residence, reads, "For lots with designated water frontage greater than or equal to 100 feet, the docking zone shall have a 15 -foot minimum offset from the setback centerlines on each side with the total setback distance being a minimum of 30 percent of the designated water frontage." (emphasis added). THE DISPUTE Mr. O'Boyle's Position In previous communications, Mr. Ring suggested that the dock is permitted (along with any other future improvements to his property) because the 2013 Settlement Agreement references the Town Code as it was in place in 1981 and section 66-369 was not in effect at that time. In support of this position, Mr. Ring references a reservation of rights clause in paragraph 35 of the Settlement Agreement, which reads: 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 Elaine Johnson James, Esquire May 25, 2018 Page 3 improvements which may be constructed on the Property, to the extent that the scope and/or size of the 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. The Town's Position The 2013 Agreements Were Limited by the Building Envelope, Which Did Not Include the Water: The improvements provided for in the 2013 Agreements were plainly limited to the area of Mr. O'Boyle's property that was intended for development, i.e., the "Building Envelope" as defined in the 2013 Agreements and reflected on the crosshatched area of Exhibit C to the Development Agreement. That Building Envelope did not include -- and expressly excluded — any structures appurtenant to the water such as a dock. Specifically, the reservation of rights provision in paragraph 35 of the Settlement Agreement relates to that portion of Mr. O'Boyle's property which was in dispute, intended for development in 2013, defined as the Building Envelope, and designated as the crosshatched area on the Exhibit C Survey to the Development Agreement. Thus, paragraph 36 of the Settlement Agreement provides as follows: 36. Building Envelope. The Development Agreement will (a) include a survey provided by O'Boyle, which survey shall provide a Building Envelope for the property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between the intercoastal waterway, the private roads, and the common property line to the west. (emphasis added) The Building Envelope as described in the 2103 Settlement Agreement was clearly marked as contemplated as "the area between the intercoastal waterway, the private roads, and the common property line to the west" in the Development Agreement. The Development Agreement then references the Building Envelope at paragraph 19 and states: Elaine Johnson James, Esquire May 25, 2018 Page 4 Building Envelope. Attached hereto and incorporated herein as Exhibit C, is a copy of a Survey, which Survey provides a Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O'Boyle (including his heirs, successors, and assigns) may construct Improvements in the Building Envelope; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town. (Emphasis added in bold italics) The Development Agreement incorporates as Exhibit C a Survey, which describes the Building Envelope as the "crosshatched" area. The crosshatched area does not include the water, which is separately referenced. Exhibit C further explains that: Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) ("Water Structures") may be constructed and/or installed in the area designated hereon as "Water" provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated "Water" remains water... The Intent of the Parties is Reflected in Minutes of the Meeting Held to Approve the Development Agreement: The clear intent of the parties to restrict the scope of the 2013 Agreements to the Improvements at issue by the Application and Approvals and located on that area of the property defined as the Building Envelope, not to include the water, was confirmed during discussions at a special public meeting of the Town Commission held to approve the Development Agreement on September 17, 2013. At that meeting, the Town Commission was advised that the Exhibit C language, which had been added and agreed to by O'Boyle (..."provided that such Water Structures are approved by the Town of Gulf Stream"), meant that the Town would follow the Town Code Section 66-369 in terms of docks and that anything placed in the water would have to conform to the Town Code. Indeed, counsel for the Town explained that the aforementioned language in Exhibit C had been revised precisely in order to ensure that Section 66-369 governing Docks was followed. THE COASTAL STAR covered this meeting, and noted that the Town Commission had "Approved unanimously a development agreement with resident Martin O'Boyle that permits him to remodel his property on North Hidden Harbour Drive under the building code as it existed in 1981 except for dock and canal structures." http://thecoastalstar.com/profiles/blogs/gulf- stream-balking-at-price-town-drops-light-pole-purchase (emphasis added). Elaine Johnson James, Esquire May 25, 2018 Page 5 CONCLUSION It is the Town's position that any improvements contemplated by Mr. O'Boyle in the form of docks or other Water Structures are plainly subject to the current Town Code, including its restrictions on Docks. The Town Code prohibits the dock as proposed. The size of the proposed dock also carries the real potential of restricting the abutting property owners' use and enjoyment of their property and thereby expose the Town to additional litigation for infringing on those rights. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. JMU:mtm Enclosures 2013 Settlement Agreement 2013 Development Agreement \\jfjsp12\apps\Docs\13147\00060\LTR\1 UY4163.DOCX From:Randolph, John C. on behalf of Randolph, John C. <JRandolph@jonesfoster.com> To:Baird, Thomas J. Subject:O"Boyle Dock Date:Monday, June 19, 2017 2:39:08 PM Attachments:O"Boyle 06 17 17 letter.pdf Development Agreement.pdf Tom, Upon receipt of the attached, please give me a call so that we can discuss it. Thank you. JOHN C. RANDOLPH   John C. Randolph   Attorney Telephone:  561.650.0458  |  Fax:  561.650.5300  |  jrandolph@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.     RECovb AND RETURN TO: Jahn. Randolph, Esquire 4;dnes, f=oster, 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 2013, by and between the TOWN OF GULF STREAM, a Florida municipal corporation (hereinafter the "Town"), whose address is 100 Sea Road, Gulf Stream, Florida 33483, and MARTIN E. O'BOYLE ("Owner"), whose address is 23 North Hidden Harbour Drive, Gulf Stream, Florida 33483. RECITALS WHEREAS, the Town is empowered and authorized to enter into Development Agreements in accordance with the Florida Local Government Development Agreement Act, Florida Statutes Section 163.3220-163.3243 (2012) ("Act"); and WHEREAS, Owner filed an application for Development Approval for a Level 3 Architectural/Site Plan Review ("Application") seeking permission to construct a new front entry feature to his existing residence located at 23 North Hidden Harbour Drive ( "Property"); and WHEREAS, the Town Manager, acting as the Zoning Administrator ("Administrator") determined that the proposed design of the new front entry feature would require four variances from the requirements of the Town's Code of Ordinances ("Code"); and WHEREAS, the Town Commission, sitting as the Board of Adjustment conducted a quasi- judicial proceeding, following which it sustained the determination of the Administrator that four variances from the Code were required, of which only one was granted ; and WHEREAS, Owner appealed the Town Commission's Final Order and subsequently filed a number of public records requests associated with the denial of the Application. NOW, THEREFORE, the Town and Owner, for $10.00 and other good and valuable consideration, including the terms and conditions of the Agreement, the receipt and sufficiency of which is acknowledged by each party, hereby agree as follows: 1. Recitals. The recitals are incorporated herein and made a part hereof. 2. Current Zoning. The Property is located within the North/South Zoning District, Section 70-27 of the Code. 3. Future Land Use Plan Designation. The future land use designation of the Property is Single Family. 4. Land uses. The Property is an improved single family home with garages that was constructed in or about 1983. 5. Concurrency. The Property meets all applicable levels of service. 6. Comprehensive Plan Consistency. The Property's zoning is consistent with the future land use designation of the Town's Comprehensive Plan. 7. Land Development Regulations. The land development regulations which shall be applied to the Property are contained within Chapters 66, entitled "Zoning" and 70, entitled "Gulf Stream Design Manual" of the Code. (a) The architectural feature shown on the entry feature as shown in the Plans (as defined in the Settlement Agreement attached as Exhibit B) is not an "eave" and therefore shall not be subject to the eave height requirements for structures pursuant to the Code. The result is that when the Code is properly applied to the Application no variance is required; (b) The height of the proposed entry feature for this two story structure is not subject to the eave height requirements contained in Section 70-100 (c) of the Code. Rather, the height of the entry feature for this structure is governed by Section 70-100 (a) (4) of the Code. Under a proper application of the Code, the Architectural/Site Plan Application submitted does not require a variance; and (c) With respect to the minimum front yard setback, a proper interpretation of the Code would be that this setback should be measured from the atrium (the wall and trellis system just north and east of the front entry of the home) as shown on the Architectural/Site Plan because the atrium is part of the home. More particularly, the beginning point of the measurement of the front yard set back should be the northernmost point of the atrium. When the atrium is used as the beginning point for measurement no variance is required because there is no encroachment. S. Term. This Agreement shall have a term of thirty (30) years after the Effective Date; provided, however, nothing shall preclude the parties from modifying or extending the Development Agreement or entering into a new Development Agreement. 9. Authorized Development. The Town agrees: a) that the Property may be developed substantially in accordance with the Application (Exhibit A-1) or substantially in accordance with the Plans (Exhibit A-2); b) to issue (or cause to be issued) such other necessary permits, permission and approvals as may be required to demolish and construct the Improvements upon the Property as set forth in the Application or on the Plans; C) that the height of the home's entry feature may be 30 feet measured from the highest floor elevation to peak of the roof; d) that the front setback for the Property shall be measured from the most northerly portion of the existing atrium to the front lot line.; and e) that the area under the entry feature shall be excluded from the calculation of floor area. P/1101/C/C/R2012 08.27.13 Page 2 f) that the development, renovation or redevelopment of the Property shall not have more than one residence, which residence shall be a Single Family residence and which residence shall not exceed two stories. 10. Amendments. This Agreement may be amended by the mutual consent of the Town and Owner. 11. Exhibits. The Architectural/Site plan for the Property is attached hereto and incorporated herein as Exhibit A-1. The Plans are attached hereto and are incorporated herein as Exhibit A-2. The Settlement Agreement bearing even date herewith (and which is attached hereto as Exhibit B) shall be incorporated herein and be a part hereof. 12. Termination. This Agreement may be terminated upon the agreement of the parties. 13. Successors in Interest. This Agreement shall inure to the benefit of the parties successors and assigns, and shall run with the land. 14. Recording. In accordance with § 163.3239, Fla. Stat., this Agreement shall be recorded in the Official Public Records in and for Palm Beach County, Florida, within 14 days of its execution by the parties. 15. Governing Law. The laws of the State of Florida shall apply. Venue shall be in Palm Beach County, Florida. 16. Attorney Fees. In the event either of the parties must enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney fees and costs through the appellate level. 17. Effective Date. This Agreement shall become effective upon the recording of the Agreement by the parties. 18. Conflicts. If and to the extent that there are any conflicts between this Agreement, Exhibit A-1, Exhibit A-2 or Exhibit B, the provisions of Exhibit B shall prevail. 19. Building Envelope. Attached hereto and incorporated herein as Exhibit C is a copy of a Survey which Survey provides a Building Envelope of the Property (as defined in the Settlement Agreement). The parties agree that O'Boyle (including his heirs, successors and assigns) may construct Improvements in the Building Envelope; provide, however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town. P/1101/C/C/R2012 08.27.13 Page 3 IN WITNESS WHEREOF, the parties have hereto set their hands and seals this 17':* day of j2Jr, , 2013. ATTEST: [TOWN SEAL] APPROVED AS TO FORM AND Signature W�11i4-A,- F, Signature Print.Name: Ma r�� �,���,,✓�� P/1101/C/C/R2012 08.27.13 Page 4 Of ! MiA•& Mayor I MARTIN E. O'BOYLE e r Y Town of Gulf Stream ;0 - Address, PART 1, APPLICATION REQUIREMENTS ro be completed by Town Sraffduring pre-applloation conference. A. Review and Approval Processes 0 1. N. Ocean Overlay Permit 0 9. Sign Review ❑ 2. Land Clearing Permit 0 10, Sile Plan Review, Level 111 0 3, Annexation Review D 11, Site Plan Revision 0 4. Comprehensive Plan Text Amendment Review ❑ 12. Special Exception Review D 5. Demolition Permit 0 13, Subdivision Review 0 6. Future Land Use Map Change Review 0 14, Variance Review 0 7. Adminislrailve Appeal 0 15. Rezoning Review 0 8, Zoning code Text Amendment Review 0 16. (011ier) B. Application Materials NUMBER OF COPIES REQUIRED APPLICATION MATERIAL 1 1•, CompleledDevelopmenlApplication 2, Fee of + + 17 3. General Location Map (on site Plen) 17 4. Site Plan (2 full ske, 115 reduced to I Ix 171) 17 5. Building Elevations (2 full size, 15 reduced' 17 6. Floor Plans (2 full size; 15 reduced') 17 7. Roof Plans (2 full size, 15 reduced') 8. Perspective andfor Color rendering (Recommended for meeting) 1 9, Drainage Plan (if allefed) 17 10. Landscape Plan (2 full size, 15 reduced') 11. SepIIC Tank Permit 12. DOT Driveway Permit (if on AIA, for any alterations to drive) 13. DOT Landscape Permit (A1A) 17- 14. Survey (I 1" x 17") 15. Subdivision Plat 16. Concurrency Documents 1 17. Proof of Ownership (warranty deed) 1 10. Agent Affidavit 1 19. List of Adjacent Property Owners Envelopes 20, properly owners within 25'1300' (stamped addressed envelopes, no return address 1 21. Properly Owners Alfldavll i Set 22. Photos of Existing Home (if applicable) 1 23. Conslrucilon Traffic Management Plan 24. 'NOTE; Where muillple copies of a drawing are required, two copies snatl ee an original Tull size (24" x 36") drawing which Is.signed and sealed. All other copies shall be reduced to 11" x i7 Please refer to the instruction for more detailed Information. Applicelloo for Development Approval, FormA0A,32000 Page 1 November 2001 Tbwn of Gulf Stream TOWN OF GULF STREAM APPLICATION FOR DEVELOPMENT APPROVAL' This form is to be used for all development review applications to be heard by the Town of Gulr Stream Architectural Review and Planning Board, Board of Adjustment, and/or Town Commission. To complete the form properly, please review the accompanying Town of Gulf stream Instruction Manual forApplicalfon for Development Review Fort. Failure to cbmplste this form properly, will delay Its consideration. ARPB File # To be Completed byall applicants. PART 11. -GENERAL INFORMATION A. Project information I.A.i. ProjecVOwner Name: '1M1 W N LA 2. ProleclAddress: _27 &DW HAMP-19.4 �, 2_ ?� I.A.3. ProJect Properly Legal Description: f bT 141 M k{AMM GM'( S ct io-r� PLT`I1{bF I (Dt cn�b5 of IIAW BIrgCN c�uNti ptz�ao,, LAA. Project, WI?,t-I� Description (describe in detdN, including # ofstorles, ete.) ry t i1i1G11'It3f�l � �NT� €��fiU1�,3D�-D"{} � � Wli'k1 NEW�.NT12y �C�l2t5tDF L.tAl+TS . I.A.5. Square Footage of New StruolureorAfdiOon: Architeclural Style: 91114659101709AtJEW WY(\/PL U.S. Check all that apply. �Archilecluraftte Plan Review 0 Land Clearing 0 -North out and Overlay (complete secti n 13) Demolition of Structures 0 Non-residential u s Vari ra (complete sec(ion GJ Zpeclal Exception (complete section E) I.A.T. (a) Proposed F.F.E•: NO (AA 49 Type of Foundation,��1�Q �TIKa✓t B. Owner information I.B.I. OwnerAddress: M�IZ11I�! 64YL �n I.B•2. Owner Phone Number:- •�i-ri3 Fax:9 - &D ��" D -pool 1.13.3. Owner Signature: C. Agent Information 41I ,/�.'�/; 14L �SY�F,E�d L01?M�►t I.C.I. Agent Name and Firm Name: I.C.2, Agent Address: �2On Yy.iyG�7U1� tXIVJtr�j ,p+ �I,I,����fAcrU1 2� n?r.+rrl�'f, I.C.3. Agent Phone Number: (o '1 �Q' • '(A. T �7 `F—^ax�T1�-�t{+u—I� uD� I.CA. Agent Signature: . Orflci s n Pre App Dale: ARPB Dale. App Dale: Recommendation: Com Date: TC Dale: Decision: — Application for DevelopmentApproval Form ADA2000 revised 6113/00 Page 2 Town of Gulf Stream PART III. PROJECT DESCRIPTION AND JUSTIFICATION Tobe cltdol, Nd by all apAllcanls agar pre-appllcaflon con1branco.wilh Town staff, please be concise but brief. 411ach additional shoots only when necessary and be sura to include the appropriate and complete quesGon.numberforeach response. A. Project Description and Justification III.AI. In what zoning disirld is the project site located? fZ� 550 III.A.2. Is the Project compatible with the intent of the zoning district?VYes q No Explain. - 54E WEW WN WN �N lJ i( (lr5t III.A.3. Is the project consistent with the Put rare Landt Use apa`�D objectives and policies of the Comprehensive Pian? ❑ Yes ❑ No Explain._] rIi"4Q5 •� Ot�Y(SrtFtNT. III,AA. How are Ingress and egress to the property to be provided?_ Si) 0Vlr 1P III.A.5. How are the following ulili0es to be a. Slomnwaler Drainage____RO-L—P b. Sanitary Sewer D c. Potable Water—PLA d. Inlgalion Water e. Efeobiclly Nf�1fC f. Telephone—. D GNC U. Gas Cl h. CableTelaviston ern rude II1.A.6. If the project Involves the erection of one or more structures, please describe how the structures are conslstant with the criteria in Seotion 66.144 of the Town of Gulf Stream Code. (Attach additional sheet if necessary.) '�I4ADDt'I'tutJ ��r�f�-tf� 1�,11�7IC$ 6f�f4}f$VfGDlf�tt Mqf�-, � Dtm9yolf WISH IrRf EKR�D A9401?�L7hQAl., �I Yl� (7fflr M.1 M61 DISCKItr'Y + rV�fGt^ P�iM1'1f'A' &9 W(TH ADJAe, PROFeNT". PART IV. ADDITIONAL INFORMATION Section A Is to be completed by aff applicants afferprs-appliceilon conference with Town stall Answering 'Yes" to any que3110n in Seoflon A requires the completion of additional Sections as indicated A. AddlVonal ApprovalslRequirements IV.A.1. Does the projecj IOvolve land area within fllty feet (50') of the AIA (North Ocean Boulevard) righl-of- way? ❑Yes No (If "Yes", section 6 Of this part must be completed,) IV.A.2. Does the project involve the demollilon of one or Moro structures?Yes ❑ No {If "Yes", section C of this part must be completed.) IV -A.3. Does the project involve the clearing or filling of any portion of an oxlqiry vacant lot or more than fifty percent (60%) of the landscaped area of a developed lot? ❑ Yes No (If "Yes", section D of this part must be completed.) IVA.5,s the project require approval of a Special Exception? DVYes ❑ No (It"Yes",'section E of this part must be completed.) IV.A.6. Is a project at variance with any regulations contained In the Zoning Code? Yes ❑ No (If "Yes", section G of this part must be completed.) Application for Development Approval FormADA.32000 Page 3 ' Tdwn bf Gulf Stream B, Projects Requiring North Ocean Boulevard Overlay Permit W.B.I. What significant landscape features or architectural features are to be disturbed or added and to what extent? IV.8.2, Describe the need and juslilicallon for the disturbanceladdillon:; W.B.3, WIII the disturbanceiaddilton destroy or seriously Impair visual relationships among bulldings, landscape features and open space, or introduce incompatible landscape features or plant material that destroys or Impairs signiricanl views or vistas within the North Ocean Boulevard Overlay Dlsirtct? Yes No Explain, IVSA How is the design consistent with the AIA Landscape Enhancement Projecl? IV.8.5. What.mitigalfon is proposed so that the disturbanceladdillon has the least impact posslble to the visual and aesthetic quality of the North Ocean Boulevard Overlay District:, 'C. Projects Requiring &Demolition Permit' IV.C.i. When are the existing structures lobe demolished? t M1T 15 Q-61 INEb IV.C.2. When are the proposed. structures to be constructed? ja wwr 15 DSTO web IV.C.3. What is the landmark status of the structures to be demolished? D. Projects Requiring a Land Clearing Permit IVDA. Describe th6se vegetative materials of 13 Inches In diameter and greater to be North Ocean Boulevard Overlay District! IV.D.2. Describe the need and justification for the removalfrelocatfon, IV.D,3. 'Howls the removal from the project site of vegetation to be mitigated: IVDA, How are the remaining and relocated vegetative materials to he protected and preserved during the land clearing and consiriclion activities and thereafter? IV.D.5. What replacement materials are proposed? Application for Development Approval, Form ADA.32000 Page 4 February 2002 V li E. Projects Requiring aSpeclal Exception. lV•E,1. Is the proposed use a a p Lied special exception use? ) IV42, How 1s the use �lYes 11 No Code Section: welfare, and morals ill be Protected? , located d proposed to be operated so that the public health, safety, AMC AEs7'HEr 516N iV•E•3. Will the use cause auslanlial Injury to the value of other proper{ !n be located? I] Yes'No y The neighborhood where it is to Explain, C%gTE5 F}!.UF '4 N,E,4. Howwul the use he compatible wilt edjolntng development and the character of the D is to be located? Istnct where'll ICNU NWt�NT� PRDP�r'Z�r�S, mtLt912 �qeg IV•E•5• Whal landscaping and screening are rovided7 P NUE APPQG �.E• - ND NSW LgNb5 .I°YI W.E.B. Does the use cotr(irrn with all appficabte regbiatlons governing the Dtshtct whereto It Is to be Idoated? ❑Yes f�No Fxpiam. Yt�ALLEl�NT 0 NES rv7f`W� d�m5 7D 96�5'uu1rroN, -Tl ( Epv mUST ISE t 2SF. �DnfKilCtr�t� wriH5Y1NC �oo�rNfx ` RV ! Nan• Residential PrOldcls and Residential Projects of Greater than 2 Units 'V'F"' If common area facilities are to be provided, describe them and how they are to be maintained. I0,2. It recreation facilities are to be provided, describe them and their potential tmpacts on surrounding . Properties, IV•F,3, For each of the following, list [he number provided and lheirdlmensions, Loading Spaces; Standard Parking Spaces; Small Car Parking Spaces: Handicapped parking Spaces; DrlvewayslAtsles: Application for Devdopmenl Approval Form ADA,32D0D Page 5 . 1• e• Projects Requiring a special exception. Is the proposed use a permitted specialp erice lion use? Yes p IV,E,2, How Is the use designed, located and No Cade Section: welfare, and morals will be protected? Proposed to be operated so that the N public health, safely, t1EFF t - $UTNHANt^.ES. E514L< r�N IV,E.3. Will the use cause sub �Ual injury to the value of ether properly in the neighborhood w be 1aCated? 1] Yes a Explain. here it Is to I( AGl )w 12 iFNHA CED Arftk ket -r p BUI[.DrN� WITH NI6+�U��. WE.a, How wtiI the use be is to be located? compatible with adjoiningdevelopment and the character of the District where It IMS WILL VAIN 1�01Z 1'flt2� w�tj 5 OO IU,E.5, bK N�hiNrKr4lJC MOO, T rs��� ,A ► tNhal landscaping and screeningareProvided?�^ t r� ND (�AN� Td JAND— (57"tNC� t �1DSG A?46i TD Does the use oo io located? ❑Yes "l'�o with all applicable regulations governing the District wherein It is to be Explain, c tr AAA 0(.D `�'J'� CO ,� v•r rI, uI�Y`� r�(G G/G�f -fe .� •, n m r1tFW W G �Th(E � �CK• rS_llr�$r, )W4 qp UT F. Non -Residential Projects and Residential Projects of Greater than 2 Units r Nub t�c�ii ot\I5. W.F.I. If common area facilities are to be provided, describe %am and how they are to be maintained. I01 If recreation facilities ora to be provided, describe them and their potential Impacts on surrounding . properties. IV,F,2. For each of the following, list the number provided and their dimensions, Loading Spaces: Standard Parking &Paces: Small OarParldng Spaces. Handicapped parking Spaces: DdvewaysfAlsles: Application far Development Approval Form ADA.32000 Page 6 .. , . , . TbwWofGulf Stream MIANCE - ZNT, G. Projects Requiring a Variance (code Seetibn 66.150 through 157) IV.G.1. From what specific Zoning Code regulation is a variance requested? 10 " M F DA 15 2N'- " bre Low i -r WDW,D PNY5I6A - DNPLICT WITH R(51INO FhET945 _ iV.G.2. What does the Zoning Code require for this specific site? THE PWA615b ENTKANT AT09I'Swl�'+fl� `C If 50` PE16 IT , LWIAM( 6QT-THf FAVf WbN Q Nf b1P t r-1 Z -ro ebm pLy. IV.G.3. What is proposed? FAVE -A s% vgud WpmI,L nl kT 15 DK. t • IV.GA. What is the total variance requesled7 9058 SAVE �12Di4 -zs! e -,4 in. (3 rr MG.& The following 8 mandatory variance Mdings from Seclion 6646% musr oe addres-ged.— (Atlach additional sheet If necessary.) (1) What specific conditions and circumstances exist which are peculiar to the land, siructure,.or building involved and which are not applibable to other lands, struetdres, or bulidings in the same zoning district? EXISTINEI BUILD t MF LINE 130 UT UNDER IWVIDuS BODE. (2) Did the special conditions and circumstances result from the actions of the applicant? Yes trio (3) Will granting the variance confer upon the applicant zny special privilege'that is der)fed by the Zoning Code to•other lands, buildings, or slnlclures in the same zoning district? Yes No Explain: Tk4 M061112ATibs�i OF 1915 i bME 15 uI We. (4) Hovr would a literal interpretation of ilia provisions of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the some zoning district under the same terms of the Ordinance and work unnecessary and undue hprdshlp on the applicant? THIS HCUT t F516N 15 uNtt�ul: t50 iT CF4N`1" f? �>hTN�TICprwlf HA�iCED AMA12> gi% V THE Houma (5) is the Variance requsst�iga minimum variance that makes possible the reasonable use of the land, building or structure Ye 1 No Explain: MINIiVIVIYVI YRIZI AR69 Tb 1✓RRANY5 Tff YMOKU' n ftit URgpq `Cbfitil NEIE1i-I&i 90 (6) Will granting the variance permit any -prohibited use to be established or re-established: Yes & (7) Is the requested variance consistent wit goals, policies, and objectives of the future Land Use Map of the adopted Comprehensive PIan7 Yo No (8) Will the variance be in harmony with the general intent and purpose of the Zoning nce and not be injurious to the area Involved or otherwise detrimental to the Public welfare? Yes No Explain: it EM ANM 144E AMA W1 ANb It�G�tg51� 7I�15.�i�ID N�A4�$��.iZOP�'i4ty 1(AL.Ut 5• - -Application for Development Approval, Form ADA.32000 Page 6 February 2002 Tbwrumungiream WKIAN65 ST 6NM G. Projects Requiring a Variance (code Seclibn 66-150 through 157) IV.G.1. From what specific Zoning Cade regulation is a variance requested? 4 �FTgqX 1V.0.2. What does the Zoning Code require for this specific site? RoNi kK -so 1 16I FETIyrl wr LIN 1146 'IEF CCrlvE"tt T oi`i1C CH"ED EVEN 1+aH V006E ANDROAD ARE 106 W. '51+ G IV.G.3. What Is proposed? REVEKE 1 DE OF 11115 PAGE. IV.G.4. What is the total variance requested? _ WE V FNC9W'HffLf Wj"j} 'V 1ENCIZO MENr. IV.G.5, The following a mandatory variance findings from Sedlion 66-154, must be addressed: (Attach additional sheet if necessary,) (1) What specific conditions and circumstances exist which are peculiar to the land, siruclure,.or building Involved and which are not applicable to other lands, structdres, or buildings in the same Zoning district? 'W ft6 46 cgr46,m AtsD A NON ODNFgmity WA5 (2) Did the special conditions and citcumstances result from the actions of the applicant? Yes No (3) Will granting the variance confer upon the appligant.any special privllege'lhat is defiled by the Zoning Code to -other lands, buildings, or slrpciures In the same zoning district? Yes QV Explain: WHEN 5a)WK LANEt(IW WAS 6446% AU, X005 51W11 AkLV 06ATED- WOULD IbE RK bl,429806. (4) How would a literal Interpretation of the provisions of the Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the same terms of Ute drdfnance and work unnecessary and undue hardship on the applicant? TIE N151 (4 5E16FICK 15 AD.1 FRT UNDER THE ULD LODE But' NEW ft-miDN 9ftM esm WK. raj 11' 8rt, EVEN N TI�UI,�rH NDTHIN& SM EbblcArU.A ralANEfED. (5) Is, the Variance request�t}ifle minimum variance that makes possible the reasonable use of the land, building or structure? n�0 No 1. arc C r rrT ry (MLA Explain: UNDUE OV) l:0� Ert'&MV wr WNE.26 1'�Iq L W -04D MW 4 Sft MINIM- WRCH Tk1& 15 (6) Will granting the variance permit anyprohiblied use to be established or re•eslablished: Yes (7) Is the requested variance consistent wigoals, policies, and objectives of the future Land Use Map of the adopted Comprehensive Plan? Y No (0) WIII the variance be in harmony with the general intent and purpose of the Zoning OrdlMince and not be Injurious to the area Involved or olhenvise detrimental lo,the public welfare? e / No explain: 1'T WILL ENRAWGE AIT MAN& ANS E ampaw yV1V V5 Nf 1010WHDOD: -Application for Development Approval, Form ADA.32000 Page 6 February 2002 -r4fEKE 15 AN EXISTING A'R iurvi Tlik-r EXTEI\tDS FKDM THE MN-rDFTH HOUXIrtHAt VVU BE WDVE; ANb KEPLACED M /N "Na twin "t TORI-RMN�6 pNUY Z` fAOM TW FgDNt fA(CVF 16406F rrrwn or t;ulfStream H. Projects Requiring Rezoning IV.H,t, What Is the Future Land Use designalion -of the project site? 'V -H-2. If the project involves Comprehensive Plan text rezoning, zoning Code text Change,' Future Land Use Justification forth, request, Map change, change,or any combination (hereof lease describe the need and PART V. OPTIONAL INFORMATION This entire Pert Is oplranal !or all applicants. Applicants are encouraged, but not required, to provide any ac/dflfonalreleventlntormalionregardlpythaprojecffhatwasnbtcovemdelsewhere a uire f, jo orodenany theothermaterials.submiKadwith the appifcation Application for Development Approval Form ADA.2000 revised 010100 Page 7 ��%isjsoii :.ss,ae vu �s" �r cwsrt sow.xos .ws..wmsmss xr. ,u xmxss _xr xucx.sx. ,x, vossnsux. xrvm;oxcuax m osxw xss a sx�� oocwsxs. wnxoxs ixc ws��ncx mxscxs a ccxxa saw.xos ,ccu, ,vaxsns .x... n vxux��snsx. 0 /# I I I I <^ I �� I: . . . . . ...... 1 DEVELOPMENT APPROVAL SET 1-15-2013   Ina ? � 8aw'��8�88"o6a"'" - n W m a0. > VI Ca a�� n n O n S Z m6a��� 8�� g��93'��4 3M 3x Z m mn FE: 'at -e. �9 CDA mfg a UU"" y d' o m qi1 m N !n a�� � , DEVELOPMENT APPROVAL 7I>la2g . m! \ gy| G•a�� 2 p u \/ ) , !u » = :A2 k+mr r 4 "§ � -An ; \e n § §� ok 2= sk t§ � Zi � } � " r/r5/20 r] 3;R].]][ Fu s'[vtr o[ cDpv;[ ww.SDs acoria +gcww[css w[. +r[ v;Dxss ap[ p[s[xr[o. wr poss[s.ux. vrowpuct;ux a otx[x us[ k tM;s DCcuu[rn. wnxovs rxE wvnt[x C�xs[xs u[ cDpw[ zowanos ncu[a +scxrt[Cts ;+... ;s vvcx;p;s[o. EI' DEVELOPMENT APPROVAL SET 1-15-2013 -E_ p z n =bar' S8b83 i��" 2W m D Z Oe�Ks9O�g9 � Z N O£ y 3pgs" a V1 ^ a�mggws m H = Cl Zi wFys gg �9£ �w sp mnfin" ?TT7' � e@ C a• T DEVELOPMENT APPROVAL ET 1/15/2013 X z 4 O m m 9 m f- 0 O z X Z 40 m D CO m r a O z { D `o mm N F D 2�&on?y n - � �q 9Fom5gGo n .. F E y Z o A O qq C P D °BSpp - W NS o^ p 0 �n�a9 't 8 D Fi R 9 y n D O i7 3 O F >9 €AF-4n�7gb p'_2XQ;gig } A m a i Z 4 Ltl4i^ 2 iii C b} ry Y' y C a S s s gym q_Qgs g� ss 9 z z A : m v O m S " m F a (n UI � S 2 j� ! DEVELOPMENT APPROVAL SET SI2213 . ; �ma7 . RR ��! 9 7| a s ] r�| :_ t 4 w ��m - %m, `� \�� ),|n� on w� _ `1��! �%/ z� , p =nuc #�� o HOME ' ���� NJ LOT 6 I � �i7s• r e I I 4I I va I N I I � I ay^ rnI �I I LOT 2 I ~ LOT i HIDDEN HARBOUR PLAT TWO ( LAT BOOK 115, PAGES 17 g 1.74) ----I — L _---------- 1------- x.,x,��.,�.� I L4§ �k-1 Fjp$ �a as 5617370188 Fax ® E SETTLEMENT AGREEMENT 02:15:19 p.m. 07-26-2013 2/22 This SETTLEMENT AGREEMENT (Agreement) is entered into, by and between the parties listed on Exhibit A in the column titled "PARTIES" (hereinafter collectively referred to as "Plaintiffs") and the Town of Gulf Stream, a municipal corporation of the State of Florida, whose address, is 100 Sea Road, Gulf Stream, Florida 33483 (the "Town") and is executed by the Town and the Plaintiffs this 26 day of July, 2013 (the "Effective Date'). The Town and the Plaintiffs shall be collectively known as the "parties" WHEREAS, it is the desire of the parties to this Agreement to resolve all disputes, appeals and pending litigation relating to the cases referenced in the column titled "CASES" on Exhibit °A" attached hereto (the "Cases"); and WHEREAS, on behalf of the Plaintiffs, Martin E. O'Boyle (®'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 confirtned, the parties, intending to be legally bound, hereby agree as follows: 5617370188 Fax 02:15:31 p.m. 07-26-2013 '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 alfa, a Level 3 Architectural/Site Plan (the Application) and such other permissions, approvals, interpretations, clarifications and authorizations relating to the Property (the "Approvals") to demolish and construct the Improvements upon the Property as contemplated.. 'The- `�ee4�1 "rmprvuemeN4 2. The Town recognizes that its interpretation of the Code, including, without limitation, the current setback regulations established therein may not enable the Plaintiff O'Boyle, or a subsequent purchaser to rebuild or renovate the Improvements, Including, without limitation, the home; or enable O'Boyle or a subsequent purchaser to demolish the Improvements, including, without limitation, the home and construct Improvements, including, without limitation, a new home. Accordingly, in order to resolve the Cases between the Plaintiffs and the Town, the Town agrees that the lot coverage, floor area ratio, height, and setback of, inter alfa, the home's entry feature shall be permitted in accordance with the plans submitted with the Application (the "Plans") (which Plans shall be substantially the same as the Plans), which Application and Plans shall be an exhibit to the Development Agreement (the "Development Agreement"). The purpose of the Town's adoption of the Development Agreement is res used 1N The Seiile,Men.4 PrVeMeNt Shall 4150 JAXWee {v-ivti2 rr, psUvPmen.#3 -� b2 CO-Yk'vt~ti D 6m 414Pra�izf / . 2 3/22 5647370°188 Fax 02:15;43 p.m. 07-26-2013 4/22 to permit, inter alia, the floor area ratio, height of the home's entry feature, and front setback in accordance with the interpretation advanced by O'Boyle counsel In the argument portion of O'Boyle's Petition for Writ of Certiorari. The Development Agreement will also recognize that the Property's (including its Improvement's) setbacks will not be measured from the point of measurement currently established in the Code; but will be measured in accordance with the actual Property lines for building purposes among other purposes. It is also the purpose of the Development Agreement to facilitate the Plaintiffs. or subsequent owner's demolition, rebuilding or renovation of the Improvements, including, without limitation, the existing home, or the construction of Improvements, including, without limitation, a new home. The Development Agreement shall be substantially in the form provided for in Section 163.3220, Fla. Stat. The Development Agreement shall include terms customarily used in the Town (but adapted to reflect the agreements of the parties as contained herein). The Development Agreement, among other things, shall allow the Plaintiff or a subsequent owner to demolish, rebuild or renovate the Improvements, including, without limitation, the home or to construct Improvements, including, without limitation, a new home such that the front setback is not measured as currently established in the Code. 3. Both the Town and O'Boyle agree to act in good faith to promptly enter into the Development Agreement, which Development Agreement shall contain terms consistent with the terms set forth herein as they relate to the Property, including those necessary or appropriate so as to facilitate the construction of the Improvements upon 3 5617370188 Fax 02:15:55 p.m. 07-26-2013 5/22 the Property as set forth in the Application; and such other terms which are customary for Development Agreements in the Town for similar type Properties and Improvements contemplated under the Application. The Town agrees to execute the Development Agreement as soon as practicable within Florida Statutes, but in no event later that 60 days from the date of this Agreement. 4. The Town agrees to waive any fees the Plaintiff might normally incur which are associated with the Development Agreement, the Application, the Approvals and any fines or assessments resulting from any violations existing at the Property, including, without limitation, the alleged violations set forth on the attached Exhibit B. 5. Intentionally Deleted. 6. Upon the execution of this Agreement by the Plaintiffs, the Town agrees to pay O'Boyle $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. 8. Upon the execution of this Agreement, the Plaintiffs shall dismiss with prejudice the Cases. 9. Upon execution of the Agreement, O'Boyle shall promptly (a) remove all signs from the Property other than approved address signs, and (b) within twenty days 4 5617370188 Fax 02:16:07 p.m. 07-26-2013. 6/22 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"). (S) The Town's Release of Plaintiffs. On the Effective Date, the Town shall execute and deliver a general release in favor of the Plaintiffs, which release is attached as Exhibit "132" attached hereto (the "Plaintiffs Release"). 13 Representations and Warranties of the Plaintiffs. Each of the Plaintiffs represents and warrants to the Town as follows: 5 56173701'88 Fax 02:16:16 p.m. 07-26-2013 7/22 (a) that the representing Plaintiff has not sold, assigned, transferred or otherwise disposed of any claims that any of the Plaintiffs had against the Town before the Effective bate; (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 terns. 14.. Representations and Warranties of Town. The Town represents and warrants to each of the Plaintiffs as follows: (a) that the Town has not sold, assigned, transferred or otherwise disposed of any claims that the Town had, before the Effective Date against all or any of the Plaintiffs; 0 5617370188 Fax 02:16:25 p.m. 07-26-2013 8/22 (b) that the Town has the full right, power, legal capacity and authority to enter into this Agreement and to consummate the transactions described in this Agreement; and (c) this Agreement has been duly and validly executed and delivered by the Town and constitutes a legal, valid and binding obligation, enforceable against the Town in accordance with its terms. 15. Covenant Not to Sue. (a) Each of the Plaintiffs covenant and agree not to institute any litigation or arbitration against the Town for any matter or thing which is within the scope of the Town Release, as attached as D1. (b) The Town covenants and agrees not to institute any litigation or arbitration against any or all of the Plaintiffs for any matter or thing which is within the scope of the Plaintiffs Release, as attached as D2. 16. Continuation and Survivability of Representations Warranties and Covenants. The representations, warranties and covenants contained in this 7 561,73701.88 Fax 02:16:34 p.m. 07-26-2013 9/22 Agreement shall survive the consummation of the transactions provided for in this Agreement 17. Indemnification. The Plaintiffs, jointly and severally, agree to defend, indemnify and hold the Town harmless from and against and in respect of any and all claims, suits, losses, liabilities, taxes, damages, deficiencies and expenses (including reasonable attorneys' fees) of any kind or nature (collectively, "Town Claims") which the Town may suffer, sustain or 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. Indemnifiicatlon. 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 attomeys` 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. 1.1 5617370988 Fax 02:16:45 p.m. 07-26-2013 10122 19. Notice of Default. No default shall have occurred under this Agreement until the defaulting party shall have been given 10 -days written notice to cure. If the cure is such that is will reasonably take longer than 10 -days and the defaulting party is pursuing the cure with diligence, then time within which to cure any such default shall be extended for such period as may be necessary to complete the curing of the default, providing that diligence and continuity are being used. 20. No Third Party Beneficiaries. This Agreement shall not create rights in any third -party beneficiary nor confer any benefit upon or enforceable rights hereunder upon anyone other than the parties and the "Releasees" in the Plaintiffs Release and/or the Town Release. 21. Further Cooperation. The Plaintiffs and the Town agree, at any time and from time to time after the date hereof, upon reasonable request, to perform, execute, acknowledge and deliver all such further documents as may be reasonably necessary or appropriate to carry out the provisions and intent of this Agreement and any document, Instrument, or agreement contemplated thereby. 22. S ecific 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 5617370188 Fax 02:16:57 p.m. 07-26-2013 11 /22 parties therefore, agree and consent that the remedy of specific performance should be granted in any proceeding which may be brought to enforce any party's obligations under this Agreement without the necessity of proof that such party's remedy at law is inadequate. Such equitable relief shall not be the aggrieved party's sole remedy but shall be in addition to all other remedies available in law or equity. 23. Voluntary Execution of Agreement Each of the parties affirms that they are represented by counsel in this matter, that they have read and fully understand, all of the terms of this Agreement, and that they are entering into this Agreement voluntarily without having been threatened, coerced or intimidated into the signing of this Agreement. It is further agreed that no provision of this Agreement shall be construed presumptively against any party hereto. 24. Headings. The headings and sub -headings contained in the titles of this Agreement are for convenience only and shall not be interpreted to limit or alter any of the provisions of this Agreement. 25. 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. M1 5617370188 Fax 02:17:07 p.m. 07-26-2013 12/22 26. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. No party hereto may assign its rights or delegate its obligations under this Agreement without the express prior written consent of the other parties hereto. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, other than the parties and their respective heirs, successors and assigns, any remedy or claim under or by reason of this Agreement or any terms, covenants or conditions hereof. All the terms, covenants, conditions, promises and agreements contained in this Agreement shall be for the sole and exclusive benefit of the parties and their respective heirs, successors and assigns. 27. Notices. All notices, requests and demands to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made: if delivered in person, immediately upon such in person delivery; if by nationally recognized overnight courier service with instructions to deliver the next business day, upon delivery to the receiving party; and if by registered or certified mail, return receipt requested, upon delivery to the receiving party. All notices, requests and demands upon the parties are to be given to the foliowing addresses (or to such other address as any party may designate by notice in accordance with this Section): 11 5617370188 Fax 02:17:19 p.m, 07-26-2013 13122 I,f iothe Town_: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Facsimile: 561-737-0188 111lith a.copy.ta Jones Foster Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 John C. Randolph, Esquire Facsimile: 561-650-0465 If to any of the Plaintiffs: Martin E. O'Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deertield Beach, FL 33442 Facsimile: 954-360-0807 With a copy to: William F. Ring, Jr., Esquire Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Facsimile: 954-360-0807 28. Counterparts. This Agreement may be executed In counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs or photocopies of this Agreement with all signatures reproduced shall be considered, for all purposes, as if it were an executed original counterpart of this Agreement. 12 5617370188 Fax 02:17:29 p.m. 07-26-2013 14122 29. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters covered and the transactions contemplated hereby. No modification or waiver of any provision of this Agreement shall in any event be effective unless the same shall be in writing and signed by the party to be charged, and then such waiver or consent shall be effective only as stated in writing. 30. , Severability. If any term, covenant or condition of this Agreement or the application thereof shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition other than those which are held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforced to the fullest extent permitted by law. 31. Upon execution of the Settlement Agreement, the Town agrees to dismiss with prejudice the asserted violations as set forth on Exhibit B. 32. Time is of the Essence. The dates and times for performance of all of the obligations hereunder shall be deemed of the essence of this Agreement. 33. Legal Action. In the event of any action taken by any party, including, without limitation, an appeal of this Agreement or any related applications or 13 W7370188 Fax 02:17:39 p.m. 07-26-2013 agreements, or any part thereof, O'Boyle and the Town agree that they shall each use their best efforts to vigorously defend any such actions. 34. Apology. The Town recognizes the stress and strife that the O'Boyle family has endured as a result of the Town's conduct. The Town recognizes that the O'Boyle home has a value well in excess of $1,000,000, but is uninsurable against wind because of the non-existence of proper protection, which would have been part of the Improvements installed by O'Boyle had the Town not initially denied the Application. The Town is indebted to O'Boyle for the many deficiencies in connection with the Town code that he has identified since his submission of the Application. The Town Commission believes that O'Boyle's actions will ultimately result in Gulf Stream being a better and friendlier place to live. 35. Reservation of Rights. Notwithstanding language in this Agreement (including the attached Release) O'Boyle reserves all rights and remedies related to any claims which he may have related to the scope and size of Improvements which may be constructed upon the Property, to the extent that the scope andlor size of Improvements are less than the scope and size of the improvements which could have been constructed on the Property on the date when the permits for the existing Improvements (including, without limitation, the home on the Property was originally issued, which date was approximately 9981. Notwithstanding the provisions of this Paragraph 35, O'Boyle shall not construct a home (or retrofit the existing home) on the Property so that it is more than two stories. 14 15/22 5617370188 Fax 02:17:52 p.m. 07-26-2013 16/22 36. Building Envelope. The Development Agreement will: (a) include a survey provided by O'Boyle, which survey shall provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of Improvements within the area between intercostal waterway, the private roads and the common property line to the west IN WITNESS WHEREOF, the undersigned have executed this Agreement as of July 26, 2013. TOWN- F TREAM r By: M yor By: E. O'Boyle By: `c /L Commerce Group, Inc. Mart' .O'Boyle, President By: N984AC Caravan, LLC Man E. O'Boyle, Member By: Airline Highway, LLC Martin E. O'Boyle Managing Member p:ldocs1131471000131docl1gr6737.docx 15 5617370188 Fax 02:18:01 p.m. 07-26-2013 17/22 EXHIBIT "A" CASE NO. 15t' Judlcial'Circuit Palm Beach County, Florida PARTIES SUBJECT 502013CA00675OXXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #332 502013CA008125XXXXMBAH Commerce Group, Inc. vs Town of Gulf Stream PR #000 502013CA008809XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR *343 502013CA008701XXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #340 502013CA008594XXXXMBAG Airline Highway LLC vs Town of Gulf Stream PR #341 502013CA008452XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #336 502013CA008919XXXXMBAD N984AC Caravan LLC vs Town of Gulf Stream PR 0351 502013CA01 1 120XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #363 502013CA011122XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR Signage 502013CA011411XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 398 502013CA011414XXXXMBAI Martin E. O'Boyle vs 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 602013CA011421XXXXMBAG Martin E. O'Boyle vs Town of Gulf Stream PR #410 502013CA011423XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR # 411 502013CA011424XXXXMBAE Martin E. O'Boyle vs Town of Gulf Stream PR #412 502013CA006388XXXXMBAY Martin E, O'Boyle vs Town of Gulf Stream Certiorari US District Court Southern District of Florida 13 -CIV -80530 Middlebrooks/Brannon Martin E. O'Boyle vs Town of Gulf Stream Injunction Declaratory Jud ment p:Woc51131471000131doc11 gq 1763.docx 5617370188 Fax Town of Gulf Stream 100 Sea Road Gulfstream, FL 33483 02:18:14 p.m. 07-26-2013 c 4173 CODE MFORCEMWr SPE •--•� "r"+o SPECIAL(ss'1) ?-Diss ed TOWN OF GULF STREAM, FLORIDA CASE' NO: CE 2_13 5-1 STATEMENT OF VIOI;,ATION AND NOTICE OF AEARfHC i Pursuant to section 2-75 of the Town of Gulf Stream Code of ptdinaoceL)noa undersigned he b notice of uncorrected violation(s) of the Town of Gulf Stream Codeon: particultir gives herein, and requests a PUBLIC MAGISTRATE of the Town.ItITTG beore the CpD'U RCEMF,N� CIAL i • I•ocatiordAddress when violations) cd,i(s): 23 ittdd�Harb ' ora Drive 2. Lepal'Description• Lot' 5 Hidden F-dbour Estates 3• Name and address ofowner/person in charge where violakion(s) exisl(s): d• Violation of Town Code Sectidn(s) and description(; S=. 66-44} (3Pj omits anY sign not luted as eapproved colons for Spa � P'°'''„".'.•.. wall colors re4utxe a Level 1 Archil .l tdo►'+. N sic a ndt: listed. r colors changes ,rich is a these (� ATTAt ;5-1-3133. OgVIOLAT5. Date of First btspection:Faxedtiot�r:e on Befvsed to ac t6. Datemvttcr Ciistnoiifiedicn s :epted rrotxce�at T band delivered iro de 5-1-13 () Fall On 5-8- 31 7. Date an/by, which'violetions are to be corrected: Yas 4a tgivent 8 a ywhi,4, b 3, 2013 via fax, ab sent rtM*rtrtiYiq l rtMfrt+PrtW"rt*rtM"" DRORTANTIVOTICE'�'*rtttrtrt*rt.,,►**y**rt,�**��*+* Unless the violator corrects the violation(.) desforth ab cribed herein by the date set CONTACTS M UNED NDERSIGCODE INSPECTOR AT 6 -2 j >� COMI'I iANCg wilh the Town Codes) cited herein, NOTIC$ IS -HERBY C,Iyg,N Ma A I,� C �INQ WILL BE CONDUCTE5 for the above referenced proptlrty before the To Stream Code Enforcement Special Magistrate an 6-4-13 ¢f Puff as the Casa cam be heard in the Town gall Commission Cl=etr !cid at 100 Sen ���� Stream; Florida, YOU ARE R13QUMM TO APPEAR BEFORE THB answerSPECIAL, I►IAGISTRATB at �' t• altic6dons that you have violated the above cited Is BCI L the Cade of Orilin'aA t t} Tovru of duff Stream. IF YOUI%AI[, TO ATTEND, the Special Magistrate may base ~ solely upon presentation by the Town Code Inspector ;findings 1 William Ii: Tluashar, owuManager' . Iowa of Gulf Stream � . i 18/22 5617370188 Fax 02:18:32 p.m. 07-26-2013 19/22 YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (56I) 276-5116 ON OR BEFC IRE YO BD 1N THIS NOTIICEAT IS 0 LONNGBR IN VI0LATt0 01, PARCEL OF REAL p0WNED BY U AND YOU ARE REQUESTING A REINSPECTTON. ODES AJ ID THAT IF THE VIOLATION(S) IVARE NOT CORRECTED IN TM TSM SPHCI CORR)iCTION, OR IF TBE VIOLATIONS) LS/ARB CORRECTED AND THEN RECI CASE MAY BE PRESENTED TO THE SPECL4L MAGISTRATE BAN TEN ea - — - HAVI BEEAi CORRECTED P1iI0R TO 10 THE SPECIAL MAGISTRATE HEARING. IF YOU i3Ali TO NOTIFY THE TOWN OF GULF STnAM, IT WILL BE PRESLW CODE ENFORCEMENT SPECIAL MAMSTRATH THAT THE PARCEL OF REAL, F DESCRIBED iiEREiN AND OWNED BY YOU CONTDIUES.TO BE IN VIOLATION. If the Special Magistrate fortis that yaa have committed a violation, hdahe may order 5A COMPLIANCE with the Code and if you fail to catnply with such order within the tim *forth therein, he/she can IMPOSE A FINE OF UP•TO $?50.00 PER DAY for each e vielatiw in son -compliance. If the Town is successful in prosecuting your case before the Special Magistrate. FIlVE$ IMPOSED BY THE SPI1CIAL MAGISTRATE SUCH F1NE3 SHALL CONSTITL'I E S ANY ILEAL OR PERSONAL PROPERTY OWNED BY YOU. FAILIiRE.To PAY SV( CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE'TOW14. If you disagree with a decision of the Special Magistrate, you may appeal to thL CIItCUIT O PALM BEACH COUNTY within 30 -DAYS after the Special Magistrate's Order is entered. Ifyou wish to have the Special Magistrate RECONSIDER your case for any reason. or if yo in fine and is now in cotnplianca and you wish to request a REDUCTION IN APPLICATION AND THE APPROPRIATE FEE MUST BB SUBMITTED TO THE T "GULF STREAM FOR ANY SUCH REQUESTS. ,ALL BE FOR SUCH MUST B8 ME FOR THE SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE. If a person decides to appeal any decision made by the Special Magistrate with respect to considered at subject meeting, they will need a record of the proceedings, and -for such p rnay need to ensure that a verbatim record of the proceedings is made, upon which regia testimony and evidence upon which appt:al is to'be based. (FS 286.0105). PLEASE -GOVERN YOURSELF ACCORDINGLY. By: iota T.. Tofaylor. Town tk Town Gulf Stream 100 Sea Road GulfStream,.FL 33483 (561) 276-5116 FOR THE BY THE set IL BE 8N 014 Fftm OF Ca56 W49 ME, an WN OF y matters ose, they - ,innlud'es 5617370188 Fax 02:18:48 p.m. 07-26-2013 20/22 EXHIBIT C Wiring Instructions: Branch Banking and Trust Company 300 Summers Street Charleston WV 25301 Routing # 051503394 Commerce Realty Group Inc Account # 5177704344 Attn: Robert Boder Phone: 304-341-1043 5617370188 Fax 02:18:54 p.m. 07-26-2013 21/22 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 other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had, has or may have, arising from, related to or in connection with the Cases and the matters contained in this Agreement. Notwithstanding anything herein to the contrary, this Release does not include and specifically excludes all obligations Releasees have to the Releasor under that Settlement Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreement") and arising under all instruments and documents delivered or executed in connection with and in furtherance of the Settlement Agreement. Releasors and their respective agents, attorneys, shareholders, officers, directors, employees, heirs, executors, administrators, personal representatives, successors and assigns are bound by this Release. This Release shall inure to the benefit of each of the Releasees and their respective heirs, executors, administrators, successors and assigns. This Release is governed by and shall be construed in accordance with the laws of the State of Florida. INVITNESS WHEREOF, the undersigned have executed this Release as ofthe day and date first ttehabove_ .0 E. O'Boyle By: I Commerce Group, Inc. E. O'Boyle, President By: N AC Caravan, LLC artin E. O'Boyle, Member By: , Airline Highway, LLC Martin E. O'Boyle Managing Member 5617370188 Fax 02:19:09 p.m. 07-26-2013 22/22 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 Plaintiffs (collectively referred to herein as the "Releasees"). In consideration of Ten Dollars ($10.00) and for and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Releasors hereby releases and discharges of the Releasees from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, or equity, which Releasors had , has or may have, arising from, related to or in connection with the Cases and the matters contained in this Agreement. Notwithstanding anything herein to the contrary, this Release does not include and specifically excludes all obligations Releasees have to the Releasor under that Settlement Agreement dated July 26, 2013 between Releasors and Releasees (the "Settlement Agreement') and arising under all instruments and documents delivered or executed in connection with and in furtherance of the Settlement Agreement. Releasors and their respective agents, attorneys, shareholders, officers, directors, employees, heirs, executors, administrators, personal representatives, successors and assigns are bound by this Release. This Release shall inure to the benefit of each of the Releasees and their respective heirs, executors, administrators, successors and assigns. This Release is governed by and shall be construed in accordance with the laws of the State of Florida. IN WITNESS REOF, the undersigned have executed this Release as of the day and date first written abo% LIM ..1 W 0o���z a I Ms i I x J� up VIP g R �+s VliA h 80, / O fyA (D K ~ Y `D O coo N (Dns U9 .7,- f] e .0 C G y en 1-r (DID CH �- Q r.+ y Fa lqD v iwcz ���i tr C!) p a � �o ,Zo Lor z rD R+ ¢? N HAR90VR PLAT TWO LOT f I15, PACES 17 It 174) by O (r rt ►[f K — — — — — — — _ o Q1 p1 �1+Er gr '0' O S1 O /O1 y (D - fD M 4 J� up VIP g R �+s VliA h 80, COMMERCE GROUP mobUle@commerce-groug.com Direct Dial Telephone #954-570-3505 [DS500858.DS2] June 16, 2017 VIA TELECOPY #,r;61 -7.,i7 -o188 VIA E-MAIL: rta 1or(&gulf-stream.org And Hand Delivery TELEPHONE # 561-216 Town of Gulf Stream loo Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Re: Settlement Agreement Between the "PARTIES" (as defined therein) and collectively referred to as "Plaintiffs" (as defined therein) and The Town of Gulf Stream, a municipal corporation of the State of Florida dated July 26, 2013 (the "Settlement Agreement") Dear Ladies and Gentlemen: Reference is made to the caption. As you know, William Ring, Esquire (on behalf of Martin O'Boyle) submitted certain plans to the Town of Gulf Stream (the "Town") on or about April 11, 2017 for certain renovations and improvements to his home (the "Plans") at 23 North Hidden Harbour Drive, Gulf Stream, Florida (the "O'Boyle Home"). It is my understanding that the Town approved the Plans; except, the Town withheld approval to certain portions of the Plans related to the pool and/or the deck and/or the dock (the "Outside Area"). My understanding is that, since that time, inquiries have been made to the Town relative to my request to approve the Plans for the Outside Area. So that it is convenient, a Schedule of the Plans which were submitted is attached to this letter. P/ 1101/C/CC/ 2017RENOVATION www.commerce-group.com TFL. 954.360.7713 . FAx. 954.360.0807 1280 WEST NEWPORT CENTER DRIVE, DEERFIELD BEACH, FLORIDA 33442 Rita L. Taylor, Clerk June 16, 2017 Page 2 Given the passing of time; given that the Town has not approved the Plans for the Outside Area; given that the Town has provided us no reason therefore; and given the specific language of Paragraph of 35 of the Settlement Agreement, we request that the Town now provide the approval of the Plans for the Outside Area. In connection with the above, we advise the Town that this letter is being sent in accordance with, inter alia, Paragraph 19 of the Settlement Agreement; and we further advise the Town that should they disregard their obligations under the Settlement Agreement, that the undersigned intends to take such appropriate action(s) as necessary to enforce the terms of the Settlement Agreement and allow the undersigned to complete the renovations and improvements to the O'Boyle Home. We regret having to send this letter; and we hope that the Town does not find it as being inflammatory; however, given the passing of time, we feel that we have been left with no choice. The above aside, we look for a prompt and amicable resolution, with the result being a "happy ending" for all. Thank you. Sincerely yours, Lu- LQ o L Martin E. O'Bo le Enclosure cc: Jones Foster Johnston & Stubbs, P.A. w/ enclosure 505 South Flagler Drive, Suite 11oo West Palm Beach, FL 33401 Attn: John C. Randolph, Esquire Via Facsimile #561-650-0465 Via E -Mail: jrandolphpjonesfoster.com Via UPS Delivery William F. Ring, Jr., Esquire — E -Mail w/ enclosure P/ uo 1/C/CC/2oi7RENOVATION 4 Q) IT m a Z d C7 > pl M � O\i � vl 1 pa���r\��r\n�r.�llrl�n Lul W n ter\ LL r4 -1 .4 - .4 -1 .4 r.1 ri r4 p��lNr������������� m Ji0 O O O O 0 0 0 0 0 0 0 0 0 O 0 0 W UI p z n n n n n n n N N n M r" n N N N w W LU QaZOO00000000oI� III p p 'i't44 0000000000.-400 444 4 11- d- -ilili v O Vd o0 c W cu 0 cu m W W W W W W W W W W W C-6 -C L L L t .r- y J-- y L y L y_ L AJ L ,J LL y y L L y L W¢¢ L L L ¢ L Q¢ L L� �� U L L E U L U L E L LE LE 0 L 0 L 0 L U L y ¢¢ ¢ ¢¢ ¢¢¢a¢¢¢¢¢¢Q =rncn cn (n Ln Sa¢a¢¢¢¢aQ¢¢U)UU U u a'UUUUUUUUUUU vww w ww UJ 0 LL 3i I I uj J -1 Q W z Biu w U C7 y -W1 zopgzg ��gz m �� ag g O a O o N° ¢ a +' u-QO¢? ~aOg-JwO-�Iu�O¢pwpOC7gm0 W OZ¢ W cn}a00ZOa y -]�w`" n U U p =1 Z W 0 w W 0 LL g W U G Z J W W -' ow rL E t-. iu ce o w o vi Q 0 o��'aoo�°G`��mo��-wU-LUm a�`+I w� zU)0zz� OZwz o w Ow a� w w Q¢ 'J Ua u o �o"'g Z �I °j a Q m D W U J mI I W ui a w f E. 1 N N N N N N Zi z NNN N N N NN N NN M 00 MM ^ O ^ M O ^^ M O z 0000 0 0000000 0 1 ri ri rir-1 ma' J M 0)0)rno,0)mm0)0,rnrn0�1- Ooo00000000rq N -1 N NN a N N N N N N N N N N N 0 0 O 00 PO'1 ri ri ri ,--I r -1.-i -4 r1 ri 1-1 -4 N 01 (n 0) m m U. Oi r -I O NN O O N co NN ,-i ri 0' t• O Z a: �1 ¢0000000000Q r -I ri N r -I ri ri ri ,-1 ri N r'r' Q W! 3Z�¢¢¢¢¢¢¢Q¢Zww Eaa O ,4 lu p 4 Q) IT m a From:Randolph, John C. on behalf of Randolph, John C. <JRandolph@jonesfoster.com> To:"wring@oboylelawfirm.com" Cc:"Rita Taylor"; "GDunham@gulf-stream.org"; OConnor, Joanne M.; Leach, Janet C. Subject:Re: Development Agreement - O"Boyle - 2017 Plans - Dock Issue Date:Friday, June 30, 2017 2:58:59 PM Attachments:20170630145428783.pdf Dear Bill: In response to your e-mail of June 27, I have conferred with Rita Taylor who has advised me that the plans filed by Mr. O'Boyle referenced in your e-mail have been reviewed by the Town. Mr. O'Boyle will be hearing from the Town shortly in regard to such review. It is my understanding that certain portions of the plans relating to the deck are ready to be processed by the building permit upon receiving the necessary construction drawings relating thereto. I am further advised, as to the dock, that the plans as presented cannot be approved as the plans are not in conformity with the applicable sections of the Town Code relating to docks. You have alleged and your client has stated in correspondence to the Town dated June 16 and June 19, 2017 that the dock is permitted based upon the terms of the Settlement Agreement between the parties dated July 26, 2013. Your assertion is, as I understand it, based upon paragraph 35 of the Agreement which provides, in part, "to the extent that the scope and/or 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." You allege that because the 1981 Code had no limitation on docks that your client is entitled to build a dock in conformity with the plans submitted to the Town. On behalf of the Town, I disagree with your assertion in this regard for the reasons stated below which reasons are not intended to be exhaustive in the event of a future challenge or subsequent litigation. It was clearly the intent of the Town and, we believe all parties to the Agreement, that the Property referenced in paragraph 35 of the Agreement, when read in para materia with paragraph 36, relates to that portion of the Property which was in dispute and defined in paragraph 36 which reads as follows: "36. Building Envelope. The Development Agreement will: (a) include a survey provided by O'Boyle, which survey shall provide a building envelope for the Property (as designated by O'Boyle pursuant to the preceding paragraph); and (b) allow the construction of improvements within the area between intercostal (sic) waterway, the private roads and the common property line to the west." The Development Agreement referenced in that paragraph was signed and agreed to by the parties on September 17, 2013. That Agreement in paragraph 19 references the Building Envelope and states as follows: "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 (sic), however, O'Boyle cannot construct any Improvements within 10' of the west property line without the approval of the Town." Exhibit C describes the Building Envelope as the "Cross-Hatched" area. The Cross-Hatched area does not include the water. Exhibit C contains the following language: "Appurtenant structures such as decks, pilings, docks, and other structures (but not another living unit or interior living space) ("Water Structures") may be constructed and/or installed in the area designated hereon as "Water", provided that such Water Structures are approved by the Town of Gulf Stream (if applicable), as long as the area designated "Water" remains water. If any portion of the Property (which is presently submerged) becomes no longer submerged, then such area shall be included in the crosshatched area." The Minutes at which this Development Agreement was approved are attached. These Minutes clearly reflect the intention of the parties in regard to this matter. Town Council Baird made it clear at that hearing that any water structures were required to be approved by the Town of Gulf Stream, “which means that the Town will follow its Code Section 66-369 in terms of docks.” Further on in the meeting Resolution No. 013-04 approving the Development Agreement was approved unanimously. That meeting was held on September 17, 2013 and the Development Agreement was executed on that same date. Based upon the above, the understanding of the parties, their intent and their written agreement appears clear. On this basis, the Town will require, if Mr. O'Boyle wishes to proceed with the construction of a dock in the area designated as water in Exhibit C of the Development Agreement, that he file plans with the Town which are consistent with the requirements of Town Code. Very truly yours,   John C. Randolph   Attorney Telephone:  561.650.0458  |  Fax:  561.650.5300  |  jrandolph@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.   11,1INLIFFES Of'THE SPECIAL TNIEET1N1(:,;AND I'L'BLIC HEARING BEING HELD BYfTlI,,,T0WN CONINIISSION OFTI-JE T( . )WN, O' GUIJ` STR.FAi\l, ON TUESDAY, SEPTEMBER 17, 2013 AT 9:00 A.M., IN THE C:01%LTVISSION CfJ.AT\IBI`",_RS OFTHF FLkLL, 100 St -k ROAD, S "IRE V . INI. FLORIDA. 11 II. Call to Order: Mayor Orthwein called the Meeting to order at 9,00 A,NL Pledz- off v PA-1111ecriance, 'Maor Ortbwei.n led the Pledgire of Allegiance. gt— I 111. Roll C.a.11: ]'resent and Participating Via 71'elephone .Iklso present and participating loan K. Orthwein. Thomas j%L Stanley Robert W. Ganger Donna S. White W. Garrett During William 1-1. 'I'lix.asher Rita I_ 'Taylor Thomas Baird Mayor I Vice-Mavor Commissioner Coniniissioner ("otri.inissioner Town �%Lanager Town Clerk Akcting'.Fown Counsel IV, PUBLIC 1JEARING.- I proposed Development ,\greenictit -23 Hidden Harbour Dr. Acting), Town Counsel Baird read the changes in Exhibit C of the Development Agreement from the first Public flearing, I Ic reported that diLt .,\greemerit is now oriented in a manner which allows the reader to more readily read the document:. Town Counsel Baird continued that there is nowa reference to dic water area. 1. le stated that the document was not clear enough in terms of what, if anything, could be put into the water extended from the lot, Towii Counsel Baird condnued that followring the word "water" oil the third line, it now reads "provided that such water structures are approved by the `'own of Gulf Stream", which nn%ms that the T(.)xvn will follow its Code Section 66-369 in terms of docks. Towri (..:outi.qel Baird further stated that anything placed iii the water will halve to conform to the code. He also addressed the change in F'4-diibit. 13 which is the Settternent Agreement that is incorporated into the Development Agreernent on Page 2, Ilaragraph 1, regarding the term "improvement". Town Counsel Baird continued "as used in the Settlement Agreement sliallalso include future improvements to be constructed on the property". Vicc-Mayor Stanley inquired as to what was being added with regard to the Declaration of Conditions for Hidden Ibarb orl.�'.statcs that is enclosed. Acting Town Counsel Baird e\plained that nothing is actually being added to the Declaration. Ife continued that Mr. 0111ovle's <\ttorriev 'Jr. William Ring, Supplied itas further explanation with regard to the structures that will be built on the lot. Vice -Mayor Stanley inquired if the 1'own assunics that the Town Code is "trumping" the HOA Declaration. Acting Town Counsel Baird replied "Yes". Special Muting and Public, Flearing Town orGulfstrearn September 17, 2013 — Page 2 Mayor Orthwein asked for any questions or further comments, `there were no comments. Resolution No. 013-04; A RESOLU'rION OF TOWN CUMMISSION OF TH.E,' '['O\XNi OF GULF S'lREANI, FLORIDA, APPROVING AND INCORPORA'I'ING X1 �`NT AGILE UNIENT' BETWEEN THE T'OWN AND T'HEIREIN A DEV1,114OPT E tNtA11XIN F. O'BONJJ.a WHICH AMONG O'I.'Hf,!,K 'rH.[,\(,;S GOVERNS THE,,' 3, AND HEIGUY OF AN.CY SINGLE 1,01'COVERACT 1" - f-'ANITLY RESIDEN11A.1, S'rRLICTURE 'FO BF. CONSTRUCrED AT' 23 HIDDJ...N HARBOUR DRB -J,-,, WII'H[N `1'HE 1`O%VN OF GULF S1`R1L.,,,kAl, AND PrtOVIDING FOR AN EFFECT`IVE DAU,."'. Vice -Mayor Stanley moved and Coininissioner Ganger seconded to approve Resolution No. 01.3-04, and further to authorize the.1%favor to initial certain changes provided by Counsel inagree mens tit this tneeting. All voted XYl.,". Mayor Ordiwein asked for ani- comments frorn the pubhc. 'fhere were none. V. Adjournn-tent.- Mayer Ortliwein adjourned the meeting at 9:1 WAAL L) Sandra I"Cill Recording Secretaq ..R 007=TU ?'nCL°atl- I I i � f o 0 ORC/] O m rL �. .s En rL eD gr ••.; tri CD V LT o Lor 7 CL @ "•I j R HAR, DUR PLAr I pX It 3PAGES Ir MIN fn C M L sr H CD fD K i7' T �. Pe 0 b i Nil all on From:Leach, Janet C. on behalf of Leach, Janet C. <JLeach@jonesfoster.com> To:Baird, Thomas J. Cc:Randolph, John C. Subject:RE: O"Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101 Date:Thursday, August 3, 2017 4:29:21 PM Attachments:Re Development Agreement - O"Boyle - 2017 Plans - Dock Issue.msg Attached is Mr. Randolph’s 6/30/17 email to Mr. Ring. Thank you, Janet     Janet C. Leach   Secretary to John C. Randolph Telephone:  561.650.5358  |  Fax:  561.650.5300  |  jleach@jonesfoster.com    Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.   From: Randolph, John C.  Sent: Thursday, August 03, 2017 4:28 PM To: Baird, Thomas J. <TBaird@jonesfoster.com> Subject: FW: O'Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101   Can you look at this and advise me as to your opinion? Read O'Boyle's letter and attachments as well as my letter to Ring and applicable documents. Should we get a third party opinion on this? Thanks, Tom. Janet, please make sure Tom gets the documents I used in drafting my opinion. Thanks.  Sent from my iPhone Begin forwarded message: From: "Rita Taylor" <RTaylor@gulf-stream.org> To: "Randolph, John C." <JRandolph@jonesfoster.com> Subject: FW: O'Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101 This message originated from outside your organization I received the attached following a 30 min. phone conversation.  Call me.   Rita   From: Brenda Russell [mailto:brussell@commerce-group.com]  Sent: Thursday, August 3, 2017 11:43 AM To: Rita Taylor <RTaylor@gulf-stream.org> Cc: William Ring <wring@commerce-group.com>; Marty O'Boyle <moboyle@commerce-group.com> Subject: O'Boyle letter regarding 23 North Hidden Harbour Drive, Gulf Stream, FL 33483 -- Our Project #1101         Brenda A. Russell Executive Assistant Office of Martin E. O’Boyle Commerce Group, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Direct Dial #954-570-3513 Fax #954-360-0807 Main #954-360-7713 brussell@commerce-group.com   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 record. 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. 11,1INLIFFES Of'THE SPECIAL TNIEET1N1(:,;AND I'L'BLIC HEARING BEING HELD BYfTlI,,,T0WN CONINIISSION OFTI-JE T( . )WN, O' GUIJ` STR.FAi\l, ON TUESDAY, SEPTEMBER 17, 2013 AT 9:00 A.M., IN THE C:01%LTVISSION CfJ.AT\IBI`",_RS OFTHF FLkLL, 100 St -k ROAD, S "IRE V . INI. FLORIDA. 11 II. Call to Order: Mayor Orthwein called the Meeting to order at 9,00 A,NL Pledz- off v PA-1111ecriance, 'Maor Ortbwei.n led the Pledgire of Allegiance. gt— I 111. Roll C.a.11: ]'resent and Participating Via 71'elephone .Iklso present and participating loan K. Orthwein. Thomas j%L Stanley Robert W. Ganger Donna S. White W. Garrett During William 1-1. 'I'lix.asher Rita I_ 'Taylor Thomas Baird Mayor I Vice-Mavor Commissioner Coniniissioner ("otri.inissioner Town �%Lanager Town Clerk Akcting'.Fown Counsel IV, PUBLIC 1JEARING.- I proposed Development ,\greenictit -23 Hidden Harbour Dr. Acting), Town Counsel Baird read the changes in Exhibit C of the Development Agreement from the first Public flearing, I Ic reported that diLt .,\greemerit is now oriented in a manner which allows the reader to more readily read the document:. Town Counsel Baird continued that there is nowa reference to dic water area. 1. le stated that the document was not clear enough in terms of what, if anything, could be put into the water extended from the lot, Towii Counsel Baird condnued that followring the word "water" oil the third line, it now reads "provided that such water structures are approved by the `'own of Gulf Stream", which nn%ms that the T(.)xvn will follow its Code Section 66-369 in terms of docks. Towri (..:outi.qel Baird further stated that anything placed iii the water will halve to conform to the code. He also addressed the change in F'4-diibit. 13 which is the Settternent Agreement that is incorporated into the Development Agreernent on Page 2, Ilaragraph 1, regarding the term "improvement". Town Counsel Baird continued "as used in the Settlement Agreement sliallalso include future improvements to be constructed on the property". Vicc-Mayor Stanley inquired as to what was being added with regard to the Declaration of Conditions for Hidden Ibarb orl.�'.statcs that is enclosed. Acting Town Counsel Baird e\plained that nothing is actually being added to the Declaration. Ife continued that Mr. 0111ovle's <\ttorriev 'Jr. William Ring, Supplied itas further explanation with regard to the structures that will be built on the lot. Vice -Mayor Stanley inquired if the 1'own assunics that the Town Code is "trumping" the HOA Declaration. Acting Town Counsel Baird replied "Yes". Special Muting and Public, Flearing Town orGulfstrearn September 17, 2013 — Page 2 Mayor Orthwein asked for any questions or further comments, `there were no comments. Resolution No. 013-04; A RESOLU'rION OF TOWN CUMMISSION OF TH.E,' '['O\XNi OF GULF S'lREANI, FLORIDA, APPROVING AND INCORPORA'I'ING X1 �`NT AGILE UNIENT' BETWEEN THE T'OWN AND T'HEIREIN A DEV1,114OPT E tNtA11XIN F. O'BONJJ.a WHICH AMONG O'I.'Hf,!,K 'rH.[,\(,;S GOVERNS THE,,' 3, AND HEIGUY OF AN.CY SINGLE 1,01'COVERACT 1" - f-'ANITLY RESIDEN11A.1, S'rRLICTURE 'FO BF. CONSTRUCrED AT' 23 HIDDJ...N HARBOUR DRB -J,-,, WII'H[N `1'HE 1`O%VN OF GULF S1`R1L.,,,kAl, AND PrtOVIDING FOR AN EFFECT`IVE DAU,."'. Vice -Mayor Stanley moved and Coininissioner Ganger seconded to approve Resolution No. 01.3-04, and further to authorize the.1%favor to initial certain changes provided by Counsel inagree mens tit this tneeting. All voted XYl.,". Mayor Ordiwein asked for ani- comments frorn the pubhc. 'fhere were none. V. Adjournn-tent.- Mayer Ortliwein adjourned the meeting at 9:1 WAAL L) Sandra I"Cill Recording Secretaq ..R 007=TU ?'nCL°atl- I I i � f o 0 ORC/] O m rL �. .s En rL eD gr ••.; tri CD V LT o Lor 7 CL @ "•I j R HAR, DUR PLAr I pX It 3PAGES Ir MIN fn C M L sr H CD fD K i7' T �. Pe 0 b i Nil all on From:OConnor, Joanne M. on behalf of OConnor, Joanne M. <JOConnor@jonesfoster.com> To:scottmorgan75@gmail.com; Robert Sweetapple; Trey Nazzaro Cc:Randolph, John C. Subject:RE: re Proposed Settlement Agreement - Gulf Stream/O"Boyle et al Date:Wednesday, May 9, 2018 12:21:34 PM I am out tomorrow and Friday but available for a call this afternoon if that would be helpful before Friday’s meeting. Copying Skip as he is far more in the loop than me on the house/dock issues. I do note that Rivas just filed another motion to withdraw yesterday, referencing Jonathan O’Boyle’s ability to handle the case and the fact that O’Boyle is no longer returning his calls. And DeSouza is moving to enforce his acceptance of a $90,000 proposal for settlement made by Marty after Marty came up with a number of after-the-fact conditions etc. Joanne   Joanne M. O’Connor   Florida Bar Board Certified Business Litigation Attorney Telephone:  561.650.0498  |  Fax:  561.650.5300  |  joconnor@jonesfoster.com   Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000  |  www.jonesfoster.com    Incoming emails are filtered which may delay receipt.  This email is personal to the named recipient(s) and may be privileged and confidential.  If you are not the intended recipient, you received this in error.  If so, any review, dissemination, or copying of this email is prohibited.  Please immediately notify us by email and delete the original message.     From: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Wednesday, May 09, 2018 12:15 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com>; Robert Sweetapple <rsweetapple@sweetapplelaw.com>; Trey Nazzaro <TNAZZARO@GULF-STREAM.ORG> Subject: Fw: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al This message originated from outside your organization Please see Mr. O’Boyle’s email below. From: Martin E. O’Boyle Sent: Wednesday, May 09, 2018 12:05 PM To: scottmorgan75@gmail.com Cc: William Ring ; rtaylor@gulf-stream.org ; Martin E. O’Boyle Subject: RE: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al Dear Scott: On or before the close of business tomorrow, I intend to send you the Settlement Agreement (which will be fully executed by me). This will be the same Settlement Agreement which I sent to you by email on May 4, 2018 at 4:54 PM, this time with the Exhibit D attached. As applies to the Exhibit D, Exhibit D deals with “getting my house done”; and nothing on the Exhibit D should cause the Town any consternation, in that, to my knowledge, all shown or referenced thereon is or will be in compliance with our agreement of July 26, 2014 (the “2013 Agreement”); and particularly paragraph 35 thereof (see page 15 of 22 of the pdf for paragraph 35). So that it is handy, I attach a copy of the 2013 Agreement. Scott, I would appreciate it if you would bring the signed Settlement Agreement that I will be sending you before the Commission at the meeting this coming Friday. I am sending you this email in advance so that there will be ample time to place the matter on the agenda. I am also copying the Town Clerk. I point out, as I did in my May 4, 2018 email to you (a copy of which is below), that the signed Settlement Agreement which I will be sending you will be identical to the one that you agreed to with Judge Hazouri, except for a couple of additions to the signature lines and the new Paragraph 17 dealing with getting my house done. In my transmittal (when I send the signed Settlement Agreement to you), since there are multiple signatures required, I will leave the offer in the Settlement Agreement open until 5:00 PM on May 24, 2018, so as to allow the Town adequate time to obtain the required signatures. As applies to the Settlement Agreement, to the extent that any portion of it meets with disfavor, I would suggest that the Town “ink up” any changes that they wish, approve it and resubmit to back to me for approval, whereupon, if approved, the deal will be done. Scott, we have come a long way. It is clearly in the best interests of everyone to resolve these matters, without further litigation and without expense to me, the Town; and, more importantly, the taxpayers of Gulf Stream, who I’m sure would like to see this journey end. Thank you for your consideration. 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: Friday, May 04, 2018 4:54 PM To: 'scottmorgan75@gmail.com' <scottmorgan75@gmail.com> Subject: re Proposed Settlement Agreement - Gulf Stream/O'Boyle et al CONTENT DICTATED BUT NOT READ BY MARTIN O’BOYLE – ATTACHMENTS NOT REVIEWED BY MARTIN O’BOYLE Dear Scott, I write you in furtherance to my email to you of April 29, 2018 at 2:59 PM; and your response dated April 30, 2018 at 11:52 AM, both of which are below. In connection with same, I attach the following: 1. A copy of the Settlement Agreement, which I am currently prepared to sign. 2. A copy (still a little rough) of the proposed dock which I would like to install at 23 N. Hidden Harbour Dr., Gulfstream, FL. Referring to the Settlement Agreement, the only change from what was agreed to at the mediation is the addition of Paragraph 17, which deals with the retrofitting of my house and the dock. Additionally, we have added individual signature lines which were previously offered by Joanne. I believe we have also added Rene Basel and Joshua Goldstein. Beyond that, I know of no other changes. With regard to the dock, if you look at the existing Settlement Agreement, although the Town may disagree, we along with our counsel, believe that it is permitted; and that in the scheme of a “new Settlement”, the Town could certainly approve it. In connection with the above, I say I believe that it is currently permitted based on paragraph 35 of the Settlement Agreement which deals with allowing us to develop the property in accordance with the Code in 1981. A “records request” confirms that the Code in 1981 did not prohibit the dock. Further, in connection with the dock, I would ask you to look at the home directly opposite of my home at 23 (formerly owned by Commissioner Wheeler); and look at that dock, which (visually) looks identical to what I am intending to install. I also point out that that dock (boardwalk) is quite nice. How far that dock protrudes out into the water is unknown to me. Incidentally, visually, it looks like it's larger than 12 feet. Scott, in connection with the dock, I have very little room behind my house for enjoyment. To have matching docks will not hurt anyone. I ask you to please consider this. Allowing the dock will also save the Town a "ton of money" in connection with the litigations which we are agreeing to dismiss. Scott, I know you want your lawyers to review the document, as they should, however, the issue as applies to the dock is a business issue. Please let me know whether you are, in concept, agreeable to what I am proposing. If not, tell me what you would be agreeable to and I will give it proper consideration. If you would like to talk about it, I invite your call. Thank you for your consideration. 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: scottmorgan75@gmail.com <scottmorgan75@gmail.com> Sent: Monday, April 30, 2018 11:52 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: Re: O'Boyle - Settlement - Gulf Stream Hi Marty, Yes, I saw you at the service, as well. We came in right behind you and Sheila but were directed down the opposite aisle or I would have said hello. Re: your email, I sent it to the attorneys and they’ll follow up. Scott From: Martin E. O’Boyle Sent: Sunday, April 29, 2018 2:59 PM To: scottmorgan75@gmail.com Subject: O'Boyle - Settlement - Gulf Stream Scott – below is the email that I just sent you. When dictating, sometimes (and for reasons I don’t understand, portions get “run over”. No matter, I have added the missing words in highlighting. There is nothing material. I await your response. _______________________________________________________________________________________________________________________________________ Scott – I saw you at the services yesterday. I wanted to spend a moment to speak with you. That didn’t work out, so I now send you this note. I am prepared to finalize the Settlement Agreement and given you the 7 cases as you wanted when we mediated with Fred Hazouri,. As part of the settlement agreement, I will include a paragraph which will, in essence, tell the Town to “cut it out” and let me finish my house as I plan, all of which I’m permitted to do under the existing deal. If necessary, I will send you a full analysis demonstrating the veracity of what I say, if necessary. My hope is that “what is necessary” is to get done. Let me know if you agree and I will handle things promptly, as I will be leaving Town in the next couple of days and not returning (except on an emergency basis) until near or after the end of May. My current thinking is to tender the document in a way to give you time to get the proper signatories, consistent with the list that Joanne provided us previously. Let me know if you want the deal. This email is sent in the context of settlement and may not be used for any other purpose. I also point out that until such time as a formal document is executed by the parties, that no binding agreement shall be deemed to exist as a result of this email. 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 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Tuesday, May 14, 2019 10:52 PM To:Renee Basel Cc:Michelle Melicia Subject:Fwd: GS #2705 Attachments:GS #2705 (Dock - Promenade - 23 N Hidden Harbour_prod.pdf; ATT00001.htm Renee-thank you for your email below and the attached. In connection with the captioned, please provide me with a detailed accounting together with the back up records so that I could confirm that the time spent and they cost asserted are proper for your billing. Your prompt response to this inquiry is appreciated. 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 561-383-1221 Cell: E-mail: meo@commerce-group.com Web Page: www.commerce-group.com Begin forwarded message: From: Renee Basel <RBasel@gulf-stream.org> Date: May 14, 2019 at 4:08:17 PM EDT To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2705 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 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Wednesday, May 15, 2019 8:51 AM To:Renee Basel Cc:Rita Taylor; Michelle Melicia Subject:FW: GS #2705 Attachments:GS #2705 (Dock - Promenade - 23 N Hidden Harbour_prod.pdf Renee – last night and this morning, I worked on trying to review your production in connection with the captioned request. Unfortunately, I had great difficulty. Let me share why: 1.The connection kept “timing out”. 2.I was intermittently being asked for a “Password” 3.You spoke about a previous 500+ page partial. I can’t find it. Renee – I am leaving for WV in the am. The Internet service there is virtually non-existent. Given that I can’t get the records here; I can say with virtual certainty that I will not be able to get them up there. Considering th foregoing, please provide the documents in a disk or thumb drive; or (better), I will bring my computer over and you could transfer to me. Whatever is easiest for you, please advise and I will accommodate. That said, I need to have direct and unfettered access to the records no matter where I am located. I’m sure you understand that. Also, unless you advise me before days end, I will assume that all records have been produced. except for the records in the possession of Delray (which I believe that the Town had an obligation to timely produce). Thank you. I await your advice as to how you wish to handle!  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, May 14, 2019 4:08 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2705 Good afternoon, Mr. O’Boyle: 1 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 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 15, 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 Per your request, the Town has prepared the documents that were provided to you on our website and put them on a USB drive for your convenience. The cost of the USB drive is $5.50 and is available to be picked up any time between the office hours of 9:00 AM and 4:00 PM Monday through Friday. 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:Thursday, May 16, 2019 9:24 AM To:Renee Basel Cc:Michelle Melicia Subject:FW: GS #2705 Attachments:GS #2705 (Dock - Promenade - 23 N Hidden Harbour_prod.pdf; ATT00001.htm Renee - following up on my email below, please advise whether you intend to send me the requested documentation; and, if so, when I may expect it. If I do not hear from you by days end, I will conclude that you have no intentions on providing the information. 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: Martin E. O’Boyle Sent: Tuesday, May 14, 2019 10:52 PM To: Renee Basel <rbasel@gulf-stream.org> Cc: Michelle Melicia <mmelicia@commerce-group.com> Subject: Fwd: GS #2705 Renee-thank you for your email below and the attached. In connection with the captioned, please provide me with a detailed accounting together with the back up records so that I could confirm that the time spent and they cost asserted are proper for your billing. Your prompt response to this inquiry is appreciated. 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 1 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 561-383-1221 Cell: E-mail: meo@commerce-group.com Web Page: www.commerce-group.com Begin forwarded message: From: Renee Basel <RBasel@gulf-stream.org> Date: May 14, 2019 at 4:08:17 PM EDT To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2705 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 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 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Monday, May 20, 2019 9:39 AM To:Renee Basel Cc:Suze Courtney Subject:FW: GS #2705 Attachments:GS #2705 (Dock - Promenade - 23 N Hidden Harbour_prod.pdf; ATT00001.htm Renee – please see highlighted below. If I do not received a response from you, you will force me to move into a litigation posture. Renee -- wouldn’t it be easier just to provide me with the requested information? After all, I paid the money in good faith. I’m thinking that you should reciprocate in good faith. If you disagree, you will tell me or continue your posture of deafening silence. 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: Thursday, May 16, 2019 9:24 AM To: 'Renee Basel' <rbasel@gulf-stream.org> Cc: Michelle Melicia <mmelicia@commerce-group.com> Subject: FW: GS #2705 Renee - following up on my email below, please advise whether you intend to send me the requested documentation; and, if so, when I may expect it. If I do not hear from you by days end, I will conclude that you have no intentions on providing the information. 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 1 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, May 14, 2019 10:52 PM To: Renee Basel <rbasel@gulf-stream.org> Cc: Michelle Melicia <mmelicia@commerce-group.com> Subject: Fwd: GS #2705 Renee-thank you for your email below and the attached. In connection with the captioned, please provide me with a detailed accounting together with the back up records so that I could confirm that the time spent and they cost asserted are proper for your billing. Your prompt response to this inquiry is appreciated. 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 561-383-1221 Cell: E-mail: meo@commerce-group.com Web Page: www.commerce-group.com Begin forwarded message: From: Renee Basel <RBasel@gulf-stream.org> Date: May 14, 2019 at 4:08:17 PM EDT To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2705 Good afternoon, Mr. O’Boyle: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 2 100 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. 3 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 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]: The original request and correspondence can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/123656/Page1.aspx You have requested information about the Town’s response to this public records request, specifically “a detailed accounting together with the back up records so that I could confirm that the time spent and the cost asserted are proper for your billing.” You have asked for similar information in a separate public records request, GS 2704, specifically “the basis for the costs,” which asked that the Town “provide to me the steps that you have taken to perform the applicable searches and to obtain the records.” As a preliminary step, the Town initially indicated on May 7, 2019 that building applications and plans submitted by you to the Town of Gulf Stream and City of Delray Beach were not part of the estimate, but would be provided “if your request seeks those records as well.” You indicated that your request did seek those records, including records from Delray Beach, so the Town has requested an estimate for the records from Delray Beach and will provide you with an updated estimate for this request when the City of Delray Beach responds to our request. As noted in the Town’s May 6, 2019 letter in response to this request, the labor cost of the personnel providing the service thus far has been $290.46, and was comprised of the following costs: 1 hour and 58 minutes of administrative support at $42.90 per hour 2 hours 1 minute of staff attorney support at $74.07 per hour 1/2 hour of Information Technology support at $115 per hour This resulted in the production of more than 1100 pages of records. Staff time sheets track hours, but do not show how much time is worked on any particular request. Annual salaries plus benefits of Town employees are available on the Town of Gulf Stream website. Invoices from the Town’s IT contractor will show the searches performed and the time billed, but a bill for the month of May 2019 has not yet been received. However, in reviewing past invoices for IT services the Town has noticed that it was improperly billed at the rate of $115 per hour, when the services under the contract should have been billed at $85 per hour. Due to the billing error by our contractor, we are refunding you the $15 difference. Additionally, the Town’s May 7, 2019 letter broke down the specific searches to be performed by the Town’s IT contractor as follows: E-mails from January 1, 2017 to the date of your request with the following content: - “hidden harbour” and “promenade” - “hidden harbour” and “dock” - “hidden harbor” and “promenade” - “hidden harbor” and “dock” - “O’Boyle” and “promenade” - “O’Boyle” and “dock” No invoices from the Town Attorney, the law firm of Jones Foster, are being provided as the Town did not include these costs in the above breakdown. However, the Town reserves the right to do so. The Town Attorney performed searches including an IT search of e -mails to or from Town Attorney John Randolph or Joanne O’Connnor and @gulf-stream.org with similar content used by the Town, namely e-mails that contained “hidden harbour” and “dock,” “hidden harbor” and “dock,” and “O’Boyle” and “dock.” An additional search included the term “promenade” as well. The Town Attorney determined the search terms to be used to find and produce records responsive to your request. The Town is happy to provide you with this information and does not construe this request for information to be a public records request. 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 31, 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 initially indicated on May 7, 2019 that building applications and plans submitted by you to the Town of Gulf Stream and City of Delray Beach were not part of the estimate, but would be provided “if your request seeks those records as well.” You later indicated that your request did seek those records, including records from Delray Beach, so the Town requested an estimate for the records from Delray Beach and received that estimate on Wednesday, May 29, 2019, to which you can see at the above link. To supplement our response to your request to include building applications and plans submitted by you requires a half hour of administrative support at $42.90 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d) plus the estimate from the City of Delray Beach. (1/2 hour @ $42.90 = $21.45) + ($26.15) Deposit Due: $47.60 cash or check. Upon receipt of your deposit, the Town will use its very best efforts to further respond to your pubic records request in a reasonable amount of time. 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 Renee Basel From:Delray Beach Public Records Support <delraybeach@mycusthelp.net> Sent:Wednesday, May 29, 2019 3:39 PM To:Renee Basel Subject:\[Records Center\] City Public Records Request :: R000722-051519 --- Please respond above this line --- To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. RE: PUBLIC RECORDS REQUEST of May 15, 2019, Reference # R000722-051519 Dear Executive Assistant Renee' Basel, The City of Delray Beach City Clerk’s Office received a public records request from you on May 15, 2019, in which you asked for: “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”. Yesterday, Mr. O’Boyle asked that the request include previous and current building applications in the possession of Delray Beach that are responsive to this request; and further stated that, as to large plans, he would like copies of the title blocks before deciding whether he wants copies of the large plans themselves.” Pursuant to the Florida Statutes, Section 119.07(4)(d), the City of Delray Beach is providing you with an invoice of the anticipated charges which are attached to this email. For extensive requests, the City Clerk shall collect half the service charge to fulfill the records request and the fee for duplication in advance. Upon completion of the effort, the City Clerk shall collect the remaining balance prior to delivery of the public record. Please let me know if you will accept these costs. If you do not respond to this letter within seven (7) business days from the date of this letter, your request will 1 be deemed withdrawn, unless you have advised the City Clerk’s Office that you will accept and will agree to pay the cost, or modify your request in response to the cost. Please note that no work will be undertaken until we receive your response. You may provide a response to the City of Delray Beach by any of the following methods: 1. By responding to this email 2. By facsimile to 561-243-3774 3. By regular mail to the City of Delray Beach 4. In person at the City of Delray Beach, City Clerk's Office, 100 NW 1st Avenue, Delray Beach, FL 33444 If you agree to accept the charges, please do so in writing as detailed above. This letter details the charges for copies of the records you have requested. If you wish to view the records, which may be less costly, please contact me. If you wish to view information that has been compiled from electronic data, this may reduce the cost of creating printouts or placing onto media such as a CD, but it will not reduce the personnel and overhead costs. Please contact me and let me know how you would like to proceed. If you have any questions, or wish to discuss this further, you may contact me at 561-243-7050. Sincerely, Don Moaratty Administrative/Records Management Assistant CITY OF DELRAY BEACH City Clerk’s Office To monitor the progress or update this request please log into the Public Records Center To help prot ect your priva cy, W To help prot ect your priva cy, W 2 Renee Basel From:Delray Beach Public Records Support <delraybeach@mycusthelp.net> Sent:Wednesday, May 29, 2019 3:38 PM To:Renee Basel Subject:INVOICE - PUBLIC RECORDS REQUEST :: R000722-051519 Attachments: INV19-R000722-1.pdf To help prot ect your priva cy, W RE: PUBLIC RECORDS REQUEST of May 15, 2019, Reference # R000722-051519. Dear Executive Assistant Renee' Basel, Your invoice has been attached to this email. Please login to the Delray Beach City Public Records Center to make an online payment or you can pay by check or money order payable to: CITY OF DELRAY BEACH City Clerk’s Office 100 NW 1st Avenue Delray Beach, Florida 33444 Sincerely, Don Moaratty Administrative/Records Management Assistant CITY OF DELRAY BEACH City Clerk’s Office To monitor the progress or update this request please log into the Public Records Center To help prot ect your priva cy, W 1 City of Delray Beach 100 HW 1st Avenue Delray Beach, Florida 33444 (561) 243-7050 The City of Delray Beach accepts Cash, Checks: of Major Credit Cards_ Checksshould be made payable to City of Delray Beach. Credit Card payments can be made in person at City Hall_ RemitTo: City Clerk 100 NW 1st Avenue Delray Beach, FL 33444 (561) 243-7050 Bill To: Renee' Basel 100 Sea Road Unit 602 Gulf Stream. FL 33483 Research, Retrieval and Redacting Comments: Beyond 20 minutes: Per Employee's Labor $26.15 Hour F-1 Cost UInvoice Summary Invoice No: INV19-ROD0722-1 Request Reference Number- 8000722-051519 Invoice Date 512912019 Due Date: 71312019 Status Open Balance Due $2615 1.00 0.00 1.00 $26.15 Totals: Total- $2615 Payments: $0.00 Balance Due $26.15 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Saturday, June 1, 2019 3:50 PM To:Renee Basel Cc:Michelle Melicia Subject:FW: GS #2705 (Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden Harbour) - accounting - records deposits Attachments:GS #2705 (Dock - Promenade - 23 N Hidden Harbour.prod.est2.pdf Renee – thank you for your email. You mention that the letter from Delray is within the referenced link. I have let you know in the past and I will let you know again that I have difficulty retrieving, reviewing and downloading docs from your links. With that in mind, please forward me the letter from Delray, after which I will review and respond. Also, what is the basis for the supplemental fee? Why is it necessary? Please also send me an accounting as to where we stand as applies to Facility Fees paid v expended. I believe that you are holding in excess of $250. Please advise.. 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 Grou 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: Friday, May 31, 2019 3:34 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 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 Renee Basel From:Renee Basel Sent:Monday, June 3, 2019 10:24 AM To:'Martin E. O’Boyle' Subject:RE: GS #2705 (Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden Harbour) - accounting - records deposits Attachments:INVOICE - PUBLIC RECORDS REQUEST :: R000722-051519; \[Records Center\] City Public Records Request :: R000722-051519 Good morning, Mr. O’Boyle: I inadvertently left the letter and invoice from Delray off of Laserfiche. I added it this morning to the link provided in the letter sent to you on Friday, May 31, 2019. I have also attached them for your convenience. 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: Saturday, June 1, 2019 3:50 PM To: Renee Basel <RBasel@gulf-stream.org> Cc: Michelle Melicia <mmelicia@commerce-group.com> Subject: FW: GS #2705 (Records Request - Gulf Stream - Dock - Promenade - 23 N Hidden Harbour) - accounting - records deposits Renee – thank you for your email. You mention that the letter from Delray is within the referenced link. I have let you know in the past and I will let you know again that I have difficulty retrieving, reviewing and downloading docs from your links. With that in mind, please forward me the letter from Delray, after which I will review and respond. Also, what is the basis for the supplemental fee? Why is it necessary? Please also send me an accounting as to where we stand as applies to Facility Fees paid v expended. I believe that you are holding in excess of $250. Please advise.. 1 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 Grou 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: Friday, May 31, 2019 3:34 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 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 Renee Basel From:Delray Beach Public Records Support <delraybeach@mycusthelp.net> Sent:Friday, June 7, 2019 8:37 AM To:Renee Basel Subject:\[Records Center\] City Public Records Request :: R000722-051519 --- Please respond above this line --- To help prot ect your priva cy, 06/07/2019 W RE: PUBLIC RECORDS REQUEST of May 15, 2019, Reference # R000722-051519 Dear Executive Assistant Renee' Basel, The City of Delray Beach City Clerk’s Office received a public records request from you on May 15, 2019, in which you requested: “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”. Yesterday, Mr. O’Boyle asked that the request include previous and current building applications in the possession of Delray Beach that are responsive to this request; and further stated that, as to large plans, he would like copies of the title blocks before deciding whether he wants copies of the large plans themselves.” PLEASE BE ADVISED THAT THIS REQUEST WILL BE WITHDRAWN BY MONDAY AS INDICATED BY TWO PREVIOUS E-MAILS REQUESTING A RESPONSE WITHIN 7 BUSINESS DAYS FROM THE DATE OF THE ORIGINAL LETTER (5/29/19). Please login to the Delray Beach City Public Records Center to make an online payment or respond. Sincerely, Don Moaratty Administrative/Records Management Assistant CITY OF DELRAY BEACH City Clerk’s Office To monitor the progress or update this request please log into the Public Records Center 1 To help prot ect your priva cy, W To help prot ect your priva cy, W 2 Renee Basel From:Delray Beach Public Records Support <delraybeach@mycusthelp.net> Sent:Monday, June 10, 2019 9:14 AM To:Renee Basel Subject:\[Records Center\] City Public Records Request :: R000722-051519 --- Please respond above this line --- To help prot ect your priva cy, 06/10/2019 W RE: PUBLIC RECORDS REQUEST of May 15, 2019, Reference # R000722-051519 Dear Executive Assistant Renee' Basel, Please be advised that as a result of your failure to pay the fees associated with your request for records dated 5/9/2019, additional records will not be produced until your past due balance has been paid. See Lozman v. City of Riviera Beach, 995 So. 2d 1027 (Fla. 4th DCA 2008). Once the balance has been paid in full, a deposit will be required to proceed with your new request. If you have any questions, or wish to discuss this further, you may contact me at 561-243-7050. Sincerely Don Moaratty Administrative/Records Management Assistant CITY OF DELRAY BEACH City Clerk’s Office To monitor the progress or update this request please log into the Public Records Center To help prot ect your priva cy, W To help prot ect your priva cy, W 1