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Home My Public Portal AboutSettlement AgreementCODE ENFORCEMENT SETTLEMENT TOWN OF GULF STREAM, FLORIDA SETTLEMENT AGREEMENT TOWN OF GULF STREAM, Petitioner, vs. ANTHONY S. TURNER Respondent. Case No. CE 6-06 THIS SETTLEMENT AGREEMENT ("Agreement") is made as of _, 2020, by and between the Town of Gulf Stream, a Florida municipal corporation, whose offices are located at 100 Sea Road, Gulf Stream, FL 33483 (the "Town") and the successors in interest to Anthony S. Turner, Soleil Estate, LLC., 401 E. Las Olas Blvd. #130-311, Fort Lauderdale, FL 33301 ("Owner") and Ironwood Development, Inc., 1118 Waterway Lane, Delray Beach, FL 33483 ("Ironwood"), who are duly authorized to execute this agreement. RECITALS: WHEREAS, on November 14, 2006, an Order Assessing Fine, Case No.: CE 6-06 was ordered against Anthony S. Turner for violations of certain sections of the Code of Ordinances of the Town of Gulf Stream, resulting in accrued fines ("Order"), concerning the property located at 2900 Avenue Au Soled, Gulf Stream, Florida, Parcel Control Number 20-43-46-04-00-000-5080 ("Property"); and WHEREAS, Anthony S. Turner was deceased on August 11, 2007; and WHEREAS, on November 20, 2007, an action of foreclosure was commenced against Turner seeking to foreclose a first priority security interest in the Property and a corresponding Lis Pendens was recorded against the Property in Palm Beach County Official Records at O.R. Book 22279, Page 1312; and WHEREAS, on April 8, 2009 the Order was recorded against the Property in Palm Beach County Official Records at O.R. Book 23167, Page 0124 ("Recorded Order") as a result of the continuing violations of the Order; and WHEREAS, the parties are in dispute over whether or not the Recorded Order currently acts as a valid lien against the Property; and WHEREAS, Owner and Ironwood agree to comply with the Order and to otherwise rehabilitate and repair the Property to come into compliance with the Code of Ordinances of the Town of Gulf Stream; and WHEREAS, the parties acknowledge that this Agreement provides for the resolution and satisfaction of any accrued fines and release of liens, if any, including the Recorded Order; and WHEREAS, upon the approval of this Agreement by the Gulf Stream Town Commission ("Effective Date"), the Town agrees to stay any further enforcement proceedings or assess any fines related to the active violation of the Order until the Compliance Date specified below in consideration of Owner and/or Ironwood's performance of its obligations set forth below. NOW, THEREFORE, in consideration of the promises and agreements contained herein, the receipt and sufficiency of which are acknowledged by the parties hereto, the Town, Owner, and Ironwood agree to abide by terms and conditions, as follows: 1. The above recitals are true and correct and incorporated herein. 2. Within sixty (60) days from the Effective Date, Owner or Ironwood shall pay to the Town of Gulf Stream the sum of $20,000.00 in full and final settlement of all fines that have accrued under the Order from November 14, 2006 through the Effective Date. If the Property is sold prior to the expiration of the 60 days, the $20,000 shall be collected at closing and shall be paid at closing. 3. Upon receipt of the $20,000.00 by the Town, the Town shall prepare and record in the Palm Beach County Official Records, such document as required to release the Recorded Order against the Property. 4. Owner and/or its successor in interest in the Property, shall comply with the Order no later than six (6) months from the Effective Date ("Compliance Date"). 5. In the event that Owner and/or its successors in interest in the Property should fail to comply with the Order on or before the Compliance Date, the Town may reassert and assess any fines imposed against the Property for the period beginning from the Effective Date forward and may record a certified copy of said Order against the Property in the Palm Beach County Official Records. 6. Nothing in this Agreement shall be deemed or construed to affirm or deny the validity of the Recorded Order as a lien against the Property or any other liens, fines, judgments, or other encumbrances on the Property. 7. Each party shall be responsible for its own attorney's fees and costs. In the event either party must retain counsel to enforce the terns of this Agreement, the prevailing party shall be entitled to their attorney fees and costs from the non -prevailing party. 2 8. The Effective Date of this Agreement is the date of full execution by the parties and approval of this Agreement by order of the Town Commission. 9. This Agreement shall be binding upon Owner and all successors in title and interest to the Property, and the terms of this Agreement shall run with the Property and shall be disclosed by Owner to any and all successors in title. 10. Any demands, notices, requests, or objections made pursuant to this Agreement shall be in writing and with such writing to be addressed to the parties as follows: Owner: Todd J. Schwartz 8250 College Parkway #103 Ft. Myers, FL 33919 Ironwood: Gregg H. Glickstein 54 SW 2nd Ave Boca Raton, FL 33432 Town: Edward C. Nazzaro 100 Sea Road Gulf Stream, FL 33483 Each party may change its address for notices by providing the other party with notice of such change and such change shall be effective as to a party fifteen (15) days after that parry's receipt of written notice of the change. If any written demand, notice, request, or objection is made as provided in this Section, such writing shall be deemed to have been received by the party to whom it was addressed on the date that it was actually delivered. 11. No alterations, changes, modifications, or amendments shall be made to this Agreement, except in writing and signed by the parties. 12. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Florida. 13. This Agreement may be executed in any number of electronic or original counterparts, each of which, when executed and delivered, shall be deemed an original, but all counterparts shall together constitute one and the same instrument. 14. This Agreement represents the parties' complete and final agreement and supersedes all prior written or oral understandings or agreements relating to the subject matter of this Agreement. No agreements, promises, or representations shall be binding unless included in this Agreement. 15. Each party to this Agreement represents and warrants that it is fully entitled to make and execute this Agreement. IN WITNESS WHEREOF, the parties have agreed to abide by the terms of this Agreement by executing on the space provided below for each signature. a STATE OF FLORIDA, COUNTY OF PALM BEACH: TOWN OF GULF STREAM ATTEST: f r � T , WN CLERK The foregoing was acknowledged before me this day of by Scott W. Morgan, Mayor of the T o u tre who is ppyser My Commission Expires: Pi - RENEE* ROWAN BA]Assn. ?°R), Notary Public - State ofo`r Commission 4 GG 98 �'f ocrt° My Comm. Expires Aug Bonded through National Not Witnesses: SOLEIL ESTATE, LLC. c �,^ By. Douglas B. Simpson, Manager STATE OF FLOy4DA ' f COUNTY OF VOV41;{ The foregoing was acknowledged before me Douglas B. Simpson, who is either personally known, as identification. My Commission Expires: 1 3. 211y t►�rtii F VOKATTA PAULINO Notary Public •State of Florida �•Y Commission A GG 964801 ?or Any Comm. Expires Mar 3, 2024 Bonded through National Notary Assn. 4 , 2020, to me. 9 'day of , 2020, by or who produce t'�10L-- blic IRONWOOD DEVELOPMENT, INC. Witnesses: By; -- Cary Gli fj ein, President STATE OF FLORIDA COUNTY OF 11L Q esei,; The foregoing was acknowledged before me this30 day of , 2020, Cary Glickstein, who is either personally known to me or who produced identification. My Commission Expires: ;4�3— Notary Public 'ANETTAGGART 5tatedflorida 'g L 4:^kniss+wi 0 GG 122391 0 on). ExCees lwg 23, 2021 i� � II..A.i:in.n.�;�A,gnu�Jl No�NyAssn. by as