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HomeMy Public PortalAboutCE 23-01 RecordTOWN OF GULF STREAM CODE ENFORCEMENT CASE NO. CE 23-01 2900 AVENUE AU SOLIEL, GULF STREAM, FL 33483 PCN # 20-43-46-04-00-000-5080 LEGAL DESCRIP 1 ION: 4-46-43, PT OF N 100 FT OF SE 1/4 LYG W OF & ADJ TO ICW R/W IN OR32368P1409 Town of Gulf Stream Code Enforcement Case No. CE 23-01 TABLE OF CONTENTS PAGE # Statement of Violation and Notice of Hearing for August 30, 2023.............................................. 3 Notice of Violation, dated July 25, 2023........................................................................................... 5 Notice of Violation, dated July 11, 2023........................................................................................... 7 Gulf Stream Code Section 2-75. Notice............................................................................................ 9 Scan of Undeliverable Notice of Violation dated July 11, 2023................................................... 10 Warranty Deed, recorded November 1, 2021................................................................................ 12 Photographsof Notice...................................................................................................................... 16 Affidavit(s) providing proof of notice............................................................................................... 18 Gulf Stream Code Section 22-32. Foundations, structural members and exterior surfaces.... 19 Gulf Stream Code Section 22-31. Prohibited................................................................................. 20 Photographsof Violations................................................................................................................. 22 Gulf Stream Offense Report No. 220881 dated April 29, 2022................................................... 25 Miscellaneous email correspondence............................................................................................ 28 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Building Planning and Zoning Department Fax (561) 448 -1009 CODE ENFORCEMENT SPECIAL MASTER TOWN OF GULF STREAM, FLORIDA CASE NO: CE 23-01 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to section 2-75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL MASTER of the Town. 1. Location/Address where violation(s) exist(s): 2900 Avenue au Soleil, Gulf Stream FI 2. Legal Description: 4-46-43, PT OF N 100 FT OF SE 1/4 LYG W OF & ADJ TO ICW RlinlW 6932316BP14 Name and address of owner/person in charge where violation(s) exist(s): 2900 AAC LLC 1013 Lucerne Avenue Ste 300, Lake Worth Beach FL 33460 4. Violation of Town Code Section(s) and description(s): 22-32(5); 22-31 (4), (15) Date of First Inspection: On or before July 10, 2023 6. Date owner first notified of violation(s): July 11, 2023 Date on/by, which violations are to be corrected: August 25, 2023 ***************************IMPORTANT NOTICE************************* Unless the violator corrects the violation(s) described herein by the date set forth above AND CONTACTS THE UNDERSIGNED CODE INSPECTOR AT 561.276.5116 to verify COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf Stream Code Enforcement Special Master on August 30, 2023 at 9:30 AM or as soon thereafter as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf Stream, Florida. YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MASTER at that time to answer allegations that you have violated the above cited sections of the Code of Ordinances of the Town of Gulf Stream. IF YOU FAIL TO ATTEND, the Special Master may base his/her findings solely upon presentation by the Town Code Inspector r � 4 �� Town Ma Town of CultStrearn h YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR BEFORE August 25, 2023 , THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION IF THE VIOLATION(S) IS/ARE NOT CORRECTED IN THE TIME SPECIFIED FOR CORRECTION, OR IF THE VIOLATION(S) IS/ARE CORRECTED AND THEN RECUR(S), THE CASE MAY BE PRESENTED TO THE SPECIALMASTER EVEN IF THE VIOLATION(S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MASTER HEARING. IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE CODE ENFORCEMENT SPECIAL MASTER THAT THE PARCEL OF REAL PROPERTY DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION. If the Special Master finds that you have committed a violation, he/she may order IMMEDIATE COMPLIANCE with the Code and if you fail to comply with such order within the time period set forth therein, he/she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation remaining in non-compliance. If the Town is successful in prosecuting your case before the Special Master, FINES WILL BE IMPOSED BY THE SPECIAL MASTER. SUCH FINES SHALL CONSTITUTE A LIEN ON ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN. If you disagree with a decision of the Special Master, you may appeal to the CIRCUIT COURT OF PALM BEACH COUNTY within 30 DAYS after the Special Master's Order is entered. If you wish to have the Special Master RECONSIDER your case for any reason or if your case was in fine and now complied and you wish to request a REDUCTION IN FINE, an APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE MET FOR THE SPECIAL MASTER TO RECONSIDER YOU CASE. If a person decides to appeal any decision made by the Special Master with respect to any matters considered at subject meeting, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, upon which record includes testimony and evidence upon on which appeal is to be based. (FS 286.0105). RDINGLY G 100 Sea Road Gulf Stream, FL 33483 (561) 276-5116 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS SCOTT W. MORGAN, Mayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN K. ORTHWEIN THOMAS A. SMITH NOTICE OF VIOLATION July 25, 2023 2900 AAC LLC 1013 Lucerne Ave Ste 300 Lake Worth Beach, FL 33460 Re: 2900 Avenue Au Soliel Gulf Stream, FL 33483 2900 AAC LLC., Telephone (561)276-5116 Fax (561)448-1009 Town Manager GREGORY L. DUNHAM Town Clerk RENEE R. BASEL POSTED — DO NOT REMOVE This is a follow-up to our notice dated July 11, 2023 which cited the following violations of the Code of Ordinances of the Town of Gulf Stream, Florida ("Town Code") at your property located at 2900 Avenue Au Soliel, Gulf Stream, Florida, as follows: The condition of your roof is in violation of Section 22-32 (5) of the Town Code. It states as follows: Section 22-32 — Foundations, Structural Members and Exterior Surfaces (5) The roof shall be constructed and maintained so as not to leak. Roofs shall be kept clean and painted. The condition of your pool is in violation of Section 22-31 (15) of the Town Code. It states as follows: Section 22-31 — Prohibited. It shall be unlawful and shall constitute a nuisance for any owner of land within the town to have or permit thereon any: (15) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 The condition of your yard is in violation of section 22-31 (4) of the Town Code. It states as follows: Section 22-31 — Prohibited. It shall be unlawful and shall constitute a nuisance for any owner of land within the town to have or permit thereon any: (4) Dead or dying trees, grass, shrubs, stumps, roots or obnoxious growth. Your general contractor contacted the Town via phone and email, and noted in said email correspondence dated July 24, 2023 that all violations had been corrected except for the condition of your roof, for which he needed to secure a roofing contractor, and asked for an extension to August 11, 2023. This is to be considered official notice to correct these violations no later than August 11, 2023 (17 days from the date of this notice). Failing to comply with this order shall result in the Town taking corrective action, including but not limited to an appearance before the Special Magistrate, a $250 per day fine, and further action as provided in Chapter 2, Article I11, Division 2 of the Town Code. A copy of the Town Code is available at the following website address: https://Iibrary.municode.com/fl/gulf stream/codes/code—of ordinances It is your responsibility to provide proof that these violations have been corrected by scheduling an on - site inspection of the condition of your property prior to the date of compliance. Sincerely, Gregory L. Du am Town Manager TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS SCOTT W. MORGAN, Mayor THOMAS M. STANLEY, Vice -Mayor PAUL A. LYONS, JR. JOAN K. ORTHWEIN THOMAS A. SMITH NOTICE OF VIOLATION July 11, 2023 2900 AAC LLC 1013 Lucerne Ave Ste 300 Lake Worth Beach, FL 33460 Re: 2900 Avenue Au Soliel Gulf Stream, FL 33483 2900 AAC LLC., Telephone (561)276-5116 Fax (561)448-1009 Town Manager GREGORY L. DUNHAM Town Clerk R RENEE . BASEL VIA CERTIFIED MAIL It has come to our attention that your property located at 2900 Avenue Au Soliel, Gulf Stream, Florida is in violation of numerous provisions of the Code of Ordinances of the Town of Gulf Stream, Florida ("Town Code") as follows: The condition of your roof is in violation of Section 22-32 (5) of the Town Code. It states as follows: Section 22-32 — Foundations, Structural Members and Exterior Surfaces (5) The roof shall be constructed and maintained so as not to leak. Roofs shall be kept clean and painted. The condition of your pool is in violation of Section 22-31 (15) of the Town Code. It states as follows: Section 22-31 — Prohibited. It shall be unlawful and shall constitute a nuisance for any owner of land within the town to have or permit thereon any: 100 SEA ROAD, GULF STREAM, FLORIDA 33483 (15) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground. The condition of your yard is in violation of section 22-31 (4) of the Town Code. It states as follows: Section 22-31 — Prohibited. It shall be unlawful and shall constitute a nuisance for any owner of land within the town to have or permit thereon any: (4) Dead or dying trees, grass, shrubs, stumps, roots or obnoxious growth. This is to be considered official notice to correct these violations within fourteen (14) days of receipt of this notice. Failing to comply with this order shall result in the Town taking corrective action, including but not limited to an appearance before the Special Magistrate, a $250 per day fine, and further action as provided in Chapter 2, Article III, Division 2 of the Town Code. A copy of the Town Code is available at the following website address: https://Iibrary.municode.com/fl/gulf stream/codes/code of ordinances Sincerely, A2 Grego L L Town Manager Sec. 2-75. Notices. (a) All notices required by this section shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. (b) In addition to providing notice as set forth in this section, at the option of the special magistrate, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Palm Beach County, Florida. The newspaper shall meet such requirements as are pre -scribed under F.S. ch. 50 for legal and official advertisements. (2) Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (3) In lieu of publication as described in this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at town hall. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in this section, together with proof of publication or posting as provided in this section shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the alleged violator actually received such notice. (Ord. No. 06-02, § 1, 5-5-06) State law reference(s)—Similar provisions, F.S. § 162.12. (Supp. No. 2) Created: 2023-04-27 13:17:44 [EST] Page 1 of 1 iL L) OD CP LU < C) a: uj Cf) (D LO < LU co cm (D (1) OD z 0 0 C\l Lf) �? 0 jL �- z Id 0 =i LL CO Q 0 cn o co crm CV) U (3) Cc u 0 cc CD CD m N Cn LL PI 0 r4 94 Lt. 44 MI rIj rVI rn 141 rn 41 m z ro r-I era `fl CO. m -0 A ru rq -A C3 M r- ru Ln M rq M cr ro Ln Ir N Z U i N a) .Q a) o E � T d C: O t� o� o fh ma a a)0 a) co cL ca - 4) 0)) U N a o Q e= co N — U E Ec cuc a) C U 00 a) a) O .c m a) o 3 a >, E c « co o UCL0 ¢o N A m o Ea 2 N N i D 'O N j -o a co �c 'O } V) ci ^^�y^ CM a^i CO O m � U p y ch o —� o CD � T N O CO i O N Q A 0) Z U �t m U r CV 2 M C O 1 O) o i O 0 0 c) co Lo C) N 0 N 7 Firefox https://erec.mypalmbeachelerk.com///Document/GetDocumentForP.. CFN 20210502191 OR BK 33011 PG 1199 RECORDED 11/01/2021 11:46:03 Palm Beach County, Florida AMT 3,300,000.00 This instrument prepared by & return to: Mallory Goldsmith DEED DOC 23,100.00 Kravit Law, P.A. Joseph Abruzzo 2101 NW Corporate Blvd., Suite 410 Clerk Boca Raton, FL33431 Pgs 1199-1202; (4Pgs) Consideration: $3,300,000.00 Tax ID No: 20-43-46-04-00-000-50 Our File: 450.0003C O Warranty Deed ;A ty This Indenture made this 121h doalf October 2021, between Honey Badger Holdings, LLC, a Florida limited liability comp w ose , post office address is: 50 East Road 9F, Delray Beach, FL 33483, hereinafter called the :aqpr o: 2900 AAC LLC, a Florida limited liability company whose post office address is: 1013 L Avenue, Suite 300, Lake Worth, FL 33460, hereinafter called the grantee, (Whenever used herein the term or" and "grantee" include all the parties to this instrument and the heirs, legal repy/S� tatives and assigns of individuals, and the successors and assigns of corporations WITNESSETH: that the grantor, for and in co on of the sum of Ten and 00/100 Dollars ($10.00), and other variable considerations, recei ereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveysd confirms unto the grantee, all that certain Iand situated in Palm Beach, Florida, viz: O See Exhibit A Parcel Ideutification Number: 20-4346-04-00-000-5080 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2020. Signatures to Follow on Next Page 1 of 4 8/25/2023, 2:21 PM Firefox https:Heree.mypahnbeachclerk.com///Document/GetDocumentForP.. CFN 20210502191 BOOK 33011 PAGE 1200 2OF4 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in Our Presence: Hon ger Hold' s, LLC it By: CRadosveta Rizzo, ger Print Witness name as to Both CA - - 1 1 fA 2, , � ; Witness Signatu as to Both Print Witness name as to Both O State of Florida County of Palm Beach The foregoing instrument was acknowledged before me byO of [ physical presence or [ ] online notarization this 12'" day of October, 2021 by Radosveta Riii* as Manager of Honey Badger Holdings, LLC, who is personally known to me or who have produced as identification and who did take an oa ice. (SEAL) No Print ame: My Commission *r 0"**ft#NNjYM Expires: MW % Ng *ft-6N* 2 of 4 8/25/2023, 2:21 PM Firefox https://erec.mypalmbeachclerk.com///Document/GetDocumentForP.. Exhibit A FEE INTEREST: CFN 20210502191 BOOK 33011 PAGE 1201 3OF4 The North 100.00 feet of the North 3/4 of the Southeast 1/4 of Section 4, Township 46 South, Range 43 East, Town of Gulfstream, Palm Beach , Florida, lying East of the Easterly Right of Way line of U. S. Highway No. 1, (State Road No. 5) and West Westerly Right of Way line of the Intracoastal Waterway as shown on the Plat thereof recorded in Plat Book 1 P e�14B, Public Records of Pahn Beach County, Florida. LESS and NOT INCLUDING TT[[H�FkOWING: Begin at the Northwest corner of Lot TJYhown on the Plat of Place Au Soleil recorded in Plat Book 27, Page 69, Public Records of Palm Beach County, on ence Westerly along the North line of the aforesaid Plat, a distance of 157.58 feet to a point in the Ea s 1 ht of Way line of U.S. Highway No. 1; thence Northeasterly along said Right of Way line, a distance of I t; thence Southeasterly at right angles a distance of 71.22 feet to a point of curvature of a curve concave to th est having a radius of 83.12 feet and a central angle of 71 ° 17' 20"; thence Southeasterly along the arc of sai distance of 103.42 feet to the Point of Tangency of said curve, a distance of 1.06 feet to the Point of Begin edescribed, and; LESS and NOT INCLUDING THE FOLLOWING: Commencing at the Northwest corner of Lot 93 as shown t of Place Au Soleil recorded in Plat Book 27. Page 69, Public Records of Palm Beach County, Florida; then rly, along the North line of the aforesaid Plat, a distance of 5.00 feet to the Point of Beginning, thence Norther 'ght angles, a distance of 50.00 feet to a point of curvature of a curve to the right; thence Northeasterly a distance oJ442 feet along the arc of said curve having a radius of 20.00 feet and a central angle of 90°; thence Easterly at riles a distance of 90.00 feet; thence Southerly at right angles, a distance of 70.00 feet; thence Westerly, alo th orth line of the aforesaid Plat, a distance of 110.00 feet to the Point of Beginning, and; LESS and NOT INCLUDING THE FOLLOWING:. Begin at the Northeast corner of Lot 92, Place Au Soleil, according to the plat thereof recorded in Plat Book 27 Page 69, Public Records of Palm Beach County, Florida; thence Easterly, along the North boundary line of Lot 91, Place Au Soleil, a distance of 5 feet; thence Northerly at a right angle to the North boundary line of Lot 91, a distance of 70 feet; thence Westerly along a line parallel to the North boundary lines of Lots 91 and 92, a distance of approximately 120 feet to a point intersecting a line drawn from the Northwest corner of Lot 92 at a right angle to the North boundary line of said Lot 92; thence Southerly, at a right angle, a distance of 70 feet to the Northwest comer of said Lot 92; thence Easterly, along the North boundary line of said Lot 92, a distance of approximately 115 feet to the Point of Beginning, and; LESS AND NOT INCLUDING THE FOLLOWING: Begin at the Northwest corner of Lot 89, Place Au Soleil, according to the Plat thereof recorded in Plat Book 27 Page 69, Public Records of Palm. Beach County, Florida, thence Easterly, along the North boundary lines of Lots 89 and 88 of said Place An Soleil, a distance of 120 feet; thence Northerly, at a right angle to the North boundary line of Lot 88; a distance of 70 feet; thence Westerly, along a line parallel to the North boundary lines of said Lots 89 and 88, a distance of approximately 120 feet to a point intersecting a tine drawn from the Northwest corner of said Lot 89 at a right angle to the North boundary line thereof; thence Southerly, at a right angle, a distance of 70 feet to the Point of Beginning. AND LESS AND NOT INCLUDING THE FOLLOWING: THAT PORTION OF THE NORTH 100.00 FEET OF THE NORTH THREE-QUARTERS (N 3/4) OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, TOWN OF 3 of 4 8/25/2023, 2:21 PM Firefox https://erec.mypalmbeachclerk.com///Document/GetDocumentForP.. CFN 20210502191 BOOK 33011 PAGE 1202 4OF4 GULFSTREAM, PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1, (STATE ROAD NO. 5) AND WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT BOOK 17, PAGE 14B, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE IN T ON OF THE EAST RIGHT OF WAY LINE OF STATE ROAD NO. 5 (NORTH FEDERAL HIGHW THE NORTH LINE OF THE SOUTHEAST QUARTER (S.E. 1/4) OF SAID SECTION 4; THENCE S.7 .'E., ALONG THE NORTH RIGHT OF WAY LINE OF AVENUE AU SOLEIL AS RECORDED IN PLAT BOOK 30. PAGE 164, PUBLIC RECORDS OF PALM BEACH COUNT Y, FLORIDA, A DISTANCE OF 71.72 PViO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 71717' " AND A RADIUS OF 83.12 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE WHOSE CHORD E S S.37-36'22"E., A DISTANCE OF 103.42 FEET; THENCE S.I05742"E., A DISTANCE OF 1.06 FEET OINT ON THE SOUTH LINE OF THE NORTH 100.00 FEET OF THE NORTH THREE-QUARTERS (N.3/ E SOUTHEAST QUARTER (S.E.1/4) OF SAID SECTION 4; THENCE N.89°14'58"E., ALONG SAID SO A DISTANCE OF 5.00 FEET; THENCE N.0045'02"W., A DISTANCE OF 100.00 FEET T NT ON THE NORTH LINE OF THE SOUTHEAST QUARTER (S.E.1/4) OF SAID SECTION 4; THENC °14'58"W., ALONG SAID NORTH LINE, A DISTANCE OF 131.03 FEET TO THE POINT OF BE G. EASEMENT INTEREST: THAT PORTION OF THE NORTH 100.00 FEET OF THE N4THREE- QUARTERS (N.3/4) OF THE SOUTHEAST QUARTER (SE.1/4) OF SECTION 41 TOWNSHIP 4 UTH, RANGE 43 EAST, TOWN OF GULFSTREAM, PALM BEACH COUNTY, FLORIDA, LYING ET F THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1, (STATE ROAD NO, 5) AND WES WESTERLY RIGHT -OF -WA Y LINE OF THE INTRACOASTAL WATERWAY AS SHOWN ON TH THEREOF RECORDED IN PLAT BOOK 17, PAGE 14B, PUBLIC RECORDS OF PALM BEACH CO A, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF STATE ROAD NO. 5 (NORTH FEDERAL HIGHWAY) AND THE NORTH LINE OF THE SOUTHEAST QUARTER (SE.1/4) OF SAID SECTION 4; THENCE S73115'02'E, ALONG THE NORTH RIGHT OF WAY LINE OF AVENUE AU SOLEIL AS RECORDED IN PLAT BOOK 30, PAGE 164, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 68.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.73°15'02"E., A DISTANCE OF 7.14 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A CENTRAL ANGLE OF 71°17'20" AND A RADIUS OF 83.12 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE WHOSE CHORD BEARS S.370 36'22"E., A DISTANCE OF 103.42 FEET; THENCE S.1 °57'42"E, A DISTANCE OF 1.06 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 100.00 FEET OF THE NORTH THREE-QUARTERS (N3/4) OF THE SOUTHEAST QUARTER (SE.1/4) OF SAID SECTION 4; THENCE N89"14'58"E., ALONG SAID SOUTH LINE, A DISTANCE OF 5.00 FEET; THENCE N.0'45'02"W, A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER (S.EI/4) OF SAID SECTION 4; THENCE S.89114'58"W, ALONG SAID NORTH LINE, A DISTANCE OF 43.81 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A CENTRAL ANGLE OF 105049'42" AND A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE WHOSE CHORD BEARS S.530 31'40"W, A DISTANCE OF 36.94 FEET; THENCE S.16°44'58 "W, A DISTANCE OF 0,67 FEET TO THE POINT OF BEGINNING. 4 of 4 8/25/2023, 2:21 PM 1�d RL 44 E -g y # 5 4 t ?� !s F�° � -. �� � Sias 's � a� � ��; �$F■ .� $ AFFIDAVITS PROVIDING PROOF OF NOTICE PER SECTION 2-75. NOTICE TO BE PROVIDED IN SUPPLEMENTAL MATERIALS MONDAY, AUGUST 28, 2023 Sec. 22-32. Foundations, structural members and exterior surfaces. Foundations and structural members located upon any lot, parcel of land or premises in the town shall provide a safe, firm and substantial base and support for the structure, and shall meet the following conditions, in addition to those set forth by the town's building code. (1) No floor, ceiling, roof, beam or essential horizontal component of a building shall sag in excess of three and one-half percent of its span. (2) Exterior walls shall be reasonably free of cracks or holes through which weather elements can enter the building or structure, and all exterior surfacing material shall be kept painted and in good repair. (3) Interior walls and ceilings shall be structurally sound. (4) All windows and doors to the outside shall be constructed and maintained in such a condition as to exclude weather elements or insects entering. (5) The roof shall be constructed and maintained so as not to leak. Roofs shall be kept clean and painted. (6) Every inside and outside stair, every porch and appurtenance thereto shall be constructed so as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and in conformance with the building code, and shall be kept in sound condition and good repair. (7) Accessory buildings and other appurtenances such as swimming pools, tennis courts, walls, gates and fences situated on the premises shall be kept in a safe and good state of repair. (Ord. No. 04-4, § 2, 10-8-04) (Supp. No. 2) Created: 2023-04-27 13:17:46 [EST] Page 1 of 1 Sec. 22-31. Prohibited. It shall be unlawful and shall constitute a nuisance for any owner of land within the town to have or permit thereon any: (1) Conditions in violation of any of the provisions in this chapter. (2) Rank vegetational growth that exudes unpleasant or noxious odors, high or rank vegetational growth that may conceal pools of water, trash or filth, or any other de -posits that may be detrimental to health. (3) Brush, weeds or grass that shall be greater than eight inches in height above the ground. (4) Dead or dying trees, grass, shrubs, stumps, roots or obnoxious growth. (5) Sand, soil or other fill material used in connection with or resulting from construction projects. (6) Filth, garbage, trash or debris. (7) Decayed or decaying buildings or structures, ruins of any kind or buildings, docks, walls or other structures in a failing or dangerous condition. (8) Any condition which provides harborage for rats, mice, snakes, or other vermin. (9) Any building or other structure which is in such a dilapidated condition that is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinary dangerous fire hazard in the vicinity where it is located. (10) All unnecessary or unauthorized noises and annoying vibrations, including animal noises. (11) All disagreeable or obnoxious odors and stenches, as well as the conditions, sub -stances, or other causes which give rise to the emission or generation of such odors and stenches. (12) The carcasses of animals or fowl not disposed of within a reasonable time after death. (13) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, commercial wastes, or other substances. (14) Any building, structure, or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed or maintained. (15) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground. (16) Dense smoke, noxious or lethal fumes, lethal gas, soot, or cinders, in unreasonable quantities. (17) Any condition constituting a fire hazard. (18) Any worn-out, scrapped, partially dismantled, nonoperative, unusable, or discarded materials or objects, such as automobiles or parts thereof, building materials, machinery, metal, wastepaper, rags, glass -ware, tinware, vehicles, boats or parts thereof, or other items of junk. Failure of any vehicle, or parts thereof, to have a valid license plate or other registration certificate specifically attached to the vehicle or part thereof, shall be prima facie evidence that such property is worn out, scrapped, nonoperative, unusable or discarded. (19) Failure of any person who has cleared land pursuant to a land clearing permit to resod, replant or periodically sprinkle the cleared area to prevent creation of wind-blown dust or dirt. (20) A seawall or bulkhead which falls into a state of disrepair or ruin so as to allow erosion to land adjacent thereto. (Supp. No. 2) Created: 2023-04-27 13:17:46 [EST] Page 1 of 2 (21) Makeshift hurricane protection devices such as plywood or similar material which remains in place except for 14 days prior to storm landfall and 14 days following storm passage. (Ord. No. 04-4, § 2, 10-8-04; Ord. No. 18-1 , § 1, 2-9-18) (Supp. No. 2) Created: 2023-04-27 13:17:46 [EST] Page 2 of 2 X G REPORT TYPE REPORT DATE REPORT TIME I OFFENSE -INCIDENT REPORT AGENCY CASE # ORIGINAL 04/29/2022 8:46 PM I GULF STREAM POLICE DEPARTMENT 220881 CASE •• • ORIGINAL DESCRIPTION JUVENILE? GANG RELATED. USE OF FORCE EXTRA PATROL NO NO NO EXACT TIME? INCIDENT DATE/FROM NCIDENT TIME/FROM INCIDENT DATE TO INCIDENT TIME TO DAY OF WEEK YES 04/29/2022 15:24 I FRIDAY SUPPLEMENT DATE FROM DATE -T TIME TO DATE TIME STATUS CLEARED EXCEPTIONALLY DATE CLEARED EXCEPTIONALLY INACTIVE NOT APPLICABLE OFFENSE KNOWN OFFENSE FDLE CODE CHARGE TYPE CHARGE SEVERITY ORDINANCE # STATE STATUTE STATUTE DESCRIPTION COUNTS I INCREASED PENALTY TYPE OF CRIMINAL ACTIVITY(up to 3) TYPE OF WEAPON FORCE (UP TO 3) SUSPECTED OF USING ATTEMPTED HATE CRIME BIAS MOTIVATION FOR HATE CRIME CARGO THEFT I CHILD PRESENT VEHICLE LOCATION OF OFFENSE LOCATION TYPE AT BUSINESS? COMPANY NAME RESIDENCE/HOME NO STREET* PRE DIRECTION STREET NAME POST DIRECTION STREET CATEGORY CODE APT/UNIT # 2900 I AVE AU SOLEIL CITY STATE ZIP AT LATITUDE AND LONGITUDE PASSAGE POINT METHOD OFFENSE STRUCTURES GULF STREAM FL 33483 I ENTERED QUANTITY ZONE 1 JUVENILE? TYPE OF WITNESS RELATIONSHIP TO SUBJECT REPORTED BY? NO IS BUSINESS OR GOV'T? BUSINESS/GOVERNMENT NAME OCCUPATION NO FIRST NAME NAME LAST NAME SUFFIX TMIDDLE SHAH BHAVIN ALIAS / MAIDEN ALT NAME DESC. STREET # STREET NAME STREET CATEGORY CODE APT/UNIT # 2900 AVE AU SOLEIL I CITY STATE ZIP CODE ADDRESS SOURCE GULF STREAM FL 33483 PERSON RESIDENCE CODE PHONE # E-MAIL RESIDENT (561) 512-2433 OFFICER INFORMATION FIRST NAME LAST NAME RAN BERNARD I O'DONNELL I BADGE 751 # I SERGEANT SIGNATURE METHOD OFFICER SIGNATURE SIGNATURE DATE SIGNATURE TIME 1 of REPORT TYPE REPORT DATE REPORT TIME OFFENSE -INCIDENT REPORT ORIGINAL 04/29/2022 8:46 PM GULF STREAM POLICE DEPARTMENT I AGENCY CASE # 220881 ELECTRONIC I�K04/29/2022 20:57 ROUTED TO REFERRED TO ASSIGNED TO ASSIGNED BY JAIL # OBTS # SWORN AND SUBSCRIBED BEFORE ME, THE UNDERSIGNED AUTHORITY THIS DAY OF 20 SIGNATURE OF PERSON ADMINISTERING OATH NAME (PRINTED) TITLE 1 2 of 3 REPORT TYPE REPORT DATE REPORT TIME I OFFENSE -INCIDENT REPORT AGENCY CASE # ORIGINAL 04/29/2022 8:46 PM I GULF STREAM POLICE DEPARTMENT 220881 IN APRIL 29, 2022 AT APPROXIMATELY 1524 HOURS I CONDUCTED AN EXTRA PATROL OF HE SHAH PROPERTY LOCATED AT 2900 AVE AU SOLEIL. DURING THE COURSE OF THE ATROL I OBSERVED TWO ISSUES OF CONCERN. EXTENSIVE AMOUNT OF WATER TO THE OWER INTERIOR OF THE FIRST FLOOR. IT APPEARS TO BE CONTAINED. I FOUND AN INLOCKED SLIDING DOOR TO THE UPPER REAR PATIO DOOR. I WAS ABLE TO LOCK THE lOOR AND EXIT VIA THE FRONT DOOR. I MADE ATTEMPTS IN TELEPHONE CONTACT WITH ROPERTY MANAGER AND OWNER. I LEFT VOICE MAIL MESSAGES. NO FURTHER ACTION AKEN. END OF REPORT. 1 3 of 3 Trey Nazzaro From: Bhavin Shah <bshah@oaklanepartners.com> Sent: Thursday, August 24, 2023 11:37 PM To: Trey Nazzaro; John Carew; Bhavin Shah Cc: Gregory Dunham; Chad Presnell; John Carew Subject: RE: 2900 Avenue Au Soleil Attachments: Re: 2900 Avenue Au Soleil; IMG_2115.heic You don't often get email from bshah@oaklanepartners.com. Learn why this is important [NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Dear Trey, Thank you for your prompt response. Attached is the email John Carew sent yesterday with pictures showing the violations corrected. Further attached is a copy of the permit application in process with the Town of Highland Beach with regards to the roof repair. Obviously until the permit is approved, we cannot begin to plan for and execute the work. We had waited to file the roof permit until we were informed by our Buyers that they were terminating the purchase contract due to the fact that they were instructed by the Town of Gulfstream that the Town could disapprove ANYTHING to be built on the property after the new Owners filed a demo permit and demolished the existing building. We welcome a reinspection of the property if you believe that is still required after the pictures and permit applications attached. Thank you again for your time and attention on this. Best, Bhavin From: Trey Nazzaro <tnazzaro@gulf-stream.org> Sent: Wednesday, August 23, 2023 4:07 PM To: John Carew <carewbldg@yahoo.com>; Bhavin Shah <bshah@oaklanepartners.com> Cc: Gregory Dunham <gdunham@gulf-stream.org>; Chad Presnell<chad@waterfrontestateproperties.com>; John Carew <carewbldg@icloud.com> Subject: RE: 2900 Avenue Au Soleil Gentlemen, I would like to direct your attention to the Statement of Violation and Notice of Hearing that was posted on the property: YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276-5116 ON OR BEFORE AUGUST 25, 2023, THAT THE PARCEL OF REAL PROPERTY OWNED BY YOU AND DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN CODES AND THAT YOU ARE REQUESTING A REINSPECTION. Thank you, Trey Edward (Trey) C. Nazzaro Assistant Town 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: John Carew <carewbldg@yahoo.com> Sent: Wednesday, August 23, 2023 3:25 PM To: Bhavin Shah <bshah@oaklanepartners.com> Cc: Gregory Dunham <gdunham@gulf-stream.org>; Trey Nazzaro <tnazzaro@gulf-stream.org>; Chad Presnell <chad@waterfrontestateproperties.com>; John Carew <carewbldg@icloud.com> Subject: Re: 2900 Avenue Au Soleil You don't often get email from carewbldg@yahoo.com. Learn why this is important [NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Good afternoon gentlemen just so we're all on the same page in case the closing doesn't happen on the 24th I have taken care of all the violations and procured a roofer to do the repairs to both structures. All of the broken windows have all been boarded up pool has been covered over with framing and plywood with a sump pump so it is not a hazard or any standing water issue all of the grounds have been trimmed mowed and cleaned up of all debris and the roofer registered with Highland Beach building department and has the packet ready to submit if we do not close if anybody needs any other information feel free to call John Carew of Carew building and maintenance at 561-512-2433 thank you Sent from my iPhone On Aug 22, 2023, at 11:31 PM, Bhavin Shah <bshah@oaklanepartners.com> wrote: Dear Greg, Thank you for your message on August 18th responding to my initial email to you from August 3rd (and two subsequent emails) in which I requested a confirmation in writing of the verbal extension to the August 11th compliance date you had granted to us during our in -person meeting in your offices at 11am on Monday July 315Y with the prospective Buyer of the property who articulated his intention to demolish the property upon his purchase scheduled for August 24" and then further extended, via amendment, by 14 days. Each of us including the Buyer, his broker, me and my broker understood the compliance date to have been verbally extended through the execution/termination date of our purchase contract, as it would have made little sense to submit a roof repair permit during the contract period (despite the compliance date being in the middle of the contract period) when the new buyer had already articulated his intention to file a demolition permit upon acquisition and submit new architectural plans for review. If we all misunderstood your statements, we certainly apologize. Regardless, we have resolved all the violations identified in the letter but need your help with item #4 below. POOL - The pool remains covered and had been covered before the July 11th violation letter was issued. This was communicated by John Carew, my contractor, to the Town of Gulfstream. 2. WINDOWS - The windows damaged due to both vandalism at the property and hurricane damage were boarded up as requested before the July 111h violation letter was issued. This was also communicated by John Carew, my contractor, to the Town of Gulfstream. LANDSCAPING - The landscaping for the property has been maintained vigorously. However, given the lack of a proper silt fence and/or a non -existing silt fence between our property and the northbound property under construction, much refuse and sediment has and continues to flow to our property from the construction site. While our landscaping crews are attempting to maintain a level of cleanliness, perhaps the northbound neighbor should also be notified that the appropriate protection fencing required during their construction is not in place. 4. ROOF- Thank you for your flexibility in giving us additional time to seek out a roofer to fix the damaged tiles, as it has been very difficult to secure one in recent months. The roofing repair permit has been submitted to the Town of Highland Beach. However, we require your help immediately in providing some critical information to Highland Beach so that the permit can be reviewed in a timely fashion. The Town of Highland Beach is asking us for an HOA sign -off in order to review the Permit. As you are aware the 2900 property is not in or subject to an HOA. John Carew explained this to the Town of Highland Beach, but nevertheless, they said they needed confirmation from the Town of Gulfstream. I would appreciate your contacting the Town of Highland Beach and informing them of the HOA non -applicability of 2900, as this will allow for our permit to be processed much more quickly. If there is another method you believe we should employ to address this matter with Highland Beach, please advise. We are focused on complying with the Town's requirements and believe we have successfully addressed all the items described in our violations. If you believe this is not the case, please advise us and we correct any issues immediately. Please also note as per my last email that the mailing address for any written correspondence is: 2900 AAC, LLC c/o Bhavin Shah 4555 Coquina Road Ocean Ridge, FL 33435 Thank you in advance for your time and consideration. Bhavin From: Gregory Dunham <gdunham@gulf-stream.org> Sent: Friday, August 18, 2023 4:21 PM To: Bhavin Shah <bshah@oaklanepartners.com> Cc: Chad Presnell <chad@waterfrontestatepro perties.com>; Trey Nazzaro <tnazzaro@gulf-stream.org> Subject: RE: 2900 Avenue Au Soled Mr. Shah, The Town originally sent you a Notice of Violation dated July 11, 2023, with a compliance date of July 25, 2023. In correspondence dated July 24, 2023, 1 extended your time to comply with the existing code violations at 2900 Avenue Au Soliel to August 11, 2023. It is now August 18, 2023, and I am in receipt of correspondence that seeks to extend the compliance date further. The Town has not indicated a willingness to further postpone the code enforcement process to you or any prospective buyer, and our hope is that you bring the property into compliance. We are setting this matter for a special magistrate hearing, and we will provide you with that notice shortly. Please apply for a demolition permit and demolish the offending structures, or otherwise bring the property into compliance as originally requested in the Town's July 11, 2023 Notice of Violation. Respectively, Gregory L. Dunham From: Bhavin Shah <bshah@oaklanepartners.com> Sent: Wednesday, August 16, 2023 6:05 PM To: Gregory Dunham <gdunham@gulf-stream.org> Cc: Chad Presnell <chad@waterfrontestateproperties.com>; Bhavin Shah <bshah@oaklanepartners.com> Subject: RE: 2900 Avenue Au Soled You don't often get email from bshah@oaklanepartners.com. Learn why this is important [NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Greg — I would sincerely appreciate a response to this email as I know you had already stated in our in person meeting (on August 1, 2023) with the prospective buyer that you were willing to extend the August 111h date for amendment/repair of the violations until the end of the end of the contract period. Would you please be nice enough to confirm this via an email response? 4 I would also like to make sure that you have a new mailing address on record for 2900 AAC, LLC, the owner of the property referenced still seem to be addressed to the old mailing address. Please forward any written correspondence to: 2900 AAC, LLC c/o Bhavin Shah 4555 Coquina Road Ocean Ridge, FL 33435 Thank you in advance for your time. Bhavin From: Bhavin Shah <bshah@oaklanepartners.com> Sent: Tuesday, August 15, 2023 5:17 AM To: gdunham@gulf-stream.org Cc: Chad Presnell <chad@waterfrontestateproperties.com>; Bhavin Shah <bshah@oaklanepartners.com> Subject: RE: 2900 Avenue Au Soleil Importance: High Greg — I hope you had a pleasant weekend. I didn't get a response to this email that was sent soon after our in - person conversation and I just wanted to check in and see if I have your consent on the below message. As you know, the buyers have been working expeditiously to move this forward. Best, Bhavin Bhavin Shah Managing Partner Oak Lane Partners (m) +1 917 749 7356 (o) +1 212 7314855 bshah@oaklanepartners.com ©AK LANE PARTNERS From: Bhavin Shah Sent: Thursday, August 3, 2023 7:00 PM To: gdunham@gulf-stream.org Cc: Chad Presnell <chad@waterfrontestatepro perties.com>; Bhavin Shah <bshah@oaklanepartners.com> Subject: RE: 2900 Avenue Au Soleil Greg - Thank you so much for taking time on Monday to meet with me and Court and Lauren (the 2900 Ave Soleil Buyers). I also appreciate your and your team taking the time to have so many conversations with them over the past few days in helping them move forward with the planning required for the purchase. As you know the Closing was scheduled for the 24th of this month, but given they would like to submit something initially to the Town and receive some feedback, they have asked me for a 14 day extension. Therefore, I was hoping that you could extend the August 11th deadline for amending the violations to September 15th, which is approximately a week after their extension would have ended and the purchase closed. As you know, if Court and Laura close on the property, their intention would be to immediately ask for a demolition permit and begin building a new home. I thank you in advance for the time you have provided us and your continued support. Best, Bhavin 917 749 7356 Begin forwarded message: From: Gregory Dunham <gdunham@gulf-stream.org> Date: July 24, 2023 at 4:06:05 PM EDT To: John Carew <carewbldg@vahoo.com> Cc: Trey Nazzaro <tnazzaro@gulf-stream.org> Subject: RE: 2900 Avenue Au Soleil Mr. Carew, Please consider this email as official notice of the extension of the deadline to correct all the violations identified in the July 11 "Notice of Violation " letter regarding 2900 Avenue Au Soleil. The new deadline is Friday, August 11, 2023. Sincerely, Gregory L. Dunham 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. 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. 7