The URL can be used to link to this page

Home My Public Portal About22-02RESOLUTION NO. 22-02 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE MAYOR OF GULF STREAM TO SIGN SETTLEMENT AGREEMENTS IN CASE NUMBERS 2015 -CA -001498; 2019 -CA -008709; AND 2020 - CA -002159; PR OVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, the Town of Gulf Stream has been presented with signed Settlement Agreements in Case Numbers 2015 -CA -001498; 2019 -CA -008709; and 2020 -CA - 002159 brought in the Fifteenth Judicial Circuit Court in and for Palm Beach County; and WHEREAS, the Town's desire to enter into the Settlement Agreements and to authorize the Mayor to execute same is evidenced by the adoption of this Resolution by the Town Commission; and WHEREAS, the Town Commission of the Town of Gulf Stream, Florida believes that it is in the best interests of the Town to a uthorize the Mayor to execute the Settlement Agreements. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COM MISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Town Commission of the Town of Gulf Stream, a municipal corporation, hereby approves the three Settlement Agreements attached hereto as "Exhibit A" and authorizes the M ayor to execute same. Section 2. This Resolution shall become effective immediately upon its passage and adoption. PAS ED AND ADOPTED in a regular session assembled this t? day of 2022. TOWN OF GULF STREAM VICE MAYOR ;COMMISSIONER COMM ISSIONER IN THE CIRCUIT COURT OF THE 15T H J UDICIAL CIRCUIT IN AN D FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2015C A001498 AI MA RTIN O'BOYLE, Plaintiff, v. TOWN OF GULF STREAM, Defen dan t. SETTLEMENT AGREEME NT The parties, MARTIN O'BOYLE an d TOWN OF GULF ST REAM, hereby enter into a settlement of this matter as follows: 1. MAR TIN O'BOYLE agrees to dismiss all of his claims in this matter with prejudice and to bear his own attorneys' fees and costs in this matter. 2. The TO WN OF GULF STR EAM agrees to waive its claims for attorneys' fees and costs in this matter. 3. This Settlement Agreement becomes effective and enforceable upo n being signed by Martin O'Boyle and by the Town Mayor. Within 3 days after the Town adopts a res olutio n approving the terms of this Settlement A greement and authorizing the Town Mayor to sign this Settlemen t Agreement, the To wn will file the attached Stipulation fo r Dismissal of this litigatio n with preju dice. Plaintiff, Martin O'Boyle By Martin E. 'Boyle Town of Gulf Stream qieAc IN T HE CI RC UIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AN D FOR PALM BEACH C OUNTY, FLO RIDA CASE NO. 2015CA001498 AI MA RTIN O'BOYLE, Plaintiff, v. TOWN OF GULF STREA M, Defendant. STIPU LA TION FOR DISMISSAL WITH PREJ UDICE IT IS HEREBY STIPULATED AND AGREED by and between the u ndersigned coun sel fo r the respective parties herein that, pursuant to Rule 1.420(a)(1)(B) of the Florida Rules of Civ il Procedure and in accordance with their Settlement Agreement, this action is hereby dismissed with preju dice and with the parties to bear their own costs a nd attor neys' fees in this action. The O'Boyle Law Firm 1286 West Newport Cen ter D riv e D eerfield Beach, FL 33442 Counsel for Plain tiff O'Bo yle By: /s/Jona than R. O'Boyle JONATHA N O'BOYLE, ESQ. Fla. Bar No. 117547 John son, A nselmo, Murdoch, Bu rke, Piper & Hochman, P. A. 2455 E. Sunrise Blv d. , Suite 1000 Fort Lauderdale, Florida 33304 Counsel fo r D efendant Gulf Stream By: /s/Jeffrey L. Hochman JEFFREY L. HOCHMA N, ESQ. Fla. Bar No. 902098 IN THE CIRCUIT COURT OF THE 15T H J UDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLO RIDA CASE NO. 50-2019-CA-008709-X XXX-MB Di visi on AO MARTIN O'BOYLE, Plaintiff, v. TOWN OF GULF STREAM, A Florida municipal corporation, Defendan t. STIPULATION FOR DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED AND AGR EED by and between the u ndersigned cou nsel for the respective parties herein that pu rsuant to R ule 1.420(a)(1)(B) of the Florida Rules of Civil Procedure and in accordance with their Settlemen t Agreement, claims of the Plaintiff, MARTIN O'BOYLE, and the counterclaims of the Defendant, TOWN OF G ULF STREAM, are hereby dismissed with prejudice and with the parties to bear their own costs and attorneys' fees in this action . The O'Boyle Law Firm 1286 West Newport Cen ter Driv e D eerfield Beach, FL 33442 Coun sel for Plaintiff O'Boyle By: /s/Jo nathan R. O'Boyle JONA THAN O'BO YLE, ESQ. Fla. Bar No . 117547 Johnson, A nselmo, Murdoch, Burke, Piper & H ochman, P.A. 2455 E. Sunrise Blvd. , Su ite 1000 Fort Lauderdale, Florida 33304 Counsel for Defen dant Gulf Stream By: /s/Jeffrey L. Hochman JEFFREY L. H OCHMA N, ESQ. Fla. Bar No. 902098 IN THE CI RCUIT CO URT OF THE 15T H JUDICIAL CI RCUIT IN AND FOR PALM BE AC H COUNTY FLORIDA CASE NO. 50-2019-CA-008709-XXXX-MB Di vision AO MA RTIN O 'BOYLE, Plaintiff, v. TOWN OF GU LF STREAM, A Flo rida municipal co rporation, Defendant. SETTLEMENT AGREEMENT The parties, MAR TIN O'BOY LE and TOWN OF GULF STREAM, hereby e nter into a settlement of this matter as follows: 1. MARTIN O'BOY LE agrees to dismiss all of his claims in this matter with prejudice and to bear his own attorn eys' fees and costs in this matter. MARTIN O'BOYLE agrees not to install or main tain any light on the top of his dock pilin gs, agrees not to install or maintain more than tw o lights on his dock, and agrees not to in stall or main tain an y light on his dock that projects more tha n 4 feet abov e the su rface of the do ck. 2. The TOWN OF GU LF STR EAM a grees to dismiss its co unterclaims in this matter with preju dice and to bear its own attorn eys' fees an d costs in this matter. The TOW N OF G ULF STREAM agrees not to proceed on its pen ding Motion for Contempt or its pen din g Motion to Compel a D ock Inspection. 3. This Settlemen t Agreemen t beco mes effectiv e and en forceable upon being signed by Martin O'Boyle an d by the Town Mayo r. Within 3 days after the To wn adopts a resolu tion approving the terms of this Settlement Agreement an d authorizing the To wn Mayor to sign this Settlement Agreement, the Town will file the attached Stipulation for Dismissal of this litigation. The filing of the Stipulation for Dismissal will have the effect of finally dismissing all claims in this matter with prejudice, dissolvin g the ex isting temporary injunction, and denying all pendin g motion s as moot. 4. In the event of litigation relatin g to or to enforce this Settlement Agreement, the prevailin g party will be en titled to reco ver its reason able attorney's fees and costs from the non - prevailin g party. Plaintiff, Martin O'Boyle By Martin E( O'Boyle Town of Gulf Stream By�fls Mayor, Scott Vlorgtn IN T HE CIRCUIT CO URT OF THE FIFTEE NT H JUDICIAL CI RCUIT IN AN D FOR PALM BE ACH COUNT Y, FLORIDA C ASE NO. 50-2020-C A-002159-XX XX-MB Divisi on AN AIRLINE HIG HWAY, LLC, COMMERCE GROUP, INC. , and MARTIN E. O'BO YLE, Plaintiffs, v. TOWN OF GULF STREAM, Defendant, STIPULATIO N FOR DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED A ND AGREED by a nd between the undersig ned counsel for the respectiv e parties herein that, pursuant to Rule 1.420(a)(1)(B) of the Florida Rules of Civ il Procedu re and in accordance with their Settlement Agreement, this action is hereby dismissed with preju dice and with the parties to bear their own costs and attorneys' fees in this action. The O'Boyle Law Firm 1286 West N ewport Center Drive Deerfield Beach, FL 33442 Counsel for Plaintiffs By: /s/ Jonathan R. O'Boyle JONATHA N O'BOYLE, ESQ. Fla. Bar No. 117547 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd., Suite 1000 Fort Lau derdale, Florida 33304 Coun sel for Defendan t Gulf Stream By: /s/ Jeffrey L. Hochma n JEFFR EY L. HOCHMAN, ESQ. Fla. Bar No. 902098 IN THE CIRCUIT COURT OF THE FIFTEENTH J UDICIAL CIRCUIT IN A ND FOR PALM BEACH COUNT Y, FLORIDA CASE NO . 50-2020-CA-002159-XXXX-MB Division AN AIRLIN E HIGHWAY, LLC, COMMERCE GR OUP, INC., and MARTIN E. O'BOYLE, Plaintiffs, v. TOWN OF GULF STREAM, Defendan t, SETTLEMENT AGREEME NT The parties, Plaintiffs AIRLIN E HIGHWAY , LLC, COMMERCE GROUP, INC., and MARTIN E. O'BOY LE, and Defen dant TOWN OF GULF STRE AM, hereby enter i nto a settlement of this matter as follows: 1. A IRLIN E HIGH WAY, LLC, COMMERCE GROUP, INC., and MA RTIN E. O'BOYLE agree to dismiss all of their claims in this matter with prejudice and to bear their own attorneys' fees and costs in this matter. 2. The TOWN OF GULF STREAM agrees to waive its claims for attorneys' fees and costs in this matter. 3. This Settlement Agreement becomes effective and enfo rceable upon being sig ned by Martin O'Boyle and by the Town Mayor. Within 3 days after the Town adopts a resolution approv ing the terms of this Settlement A greement and a uthorizin g the Town Mayo r to sign this Settlement Agreement, the Town will file the a ttached Stipulation for Dismissal of this litigation with prejudice. AIR LINE HIGH WAY, LLC, COMMERCE GROUP, INC. , MARTIN E. O'BOYLE By Martin E. (O'Boyle as Managing Member, as President, and Indiv idually TOWN OF GULF STR EA M ayor, Sco t Mo igan