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Home My Public Portal AboutSubpoena for Documents 11-13-2023IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502023CA010461 XXXXMB (AG) HWP MAIN, LLC, Plaintiff, v. SIGNATURE BUILDERS GROUP, LLC, a Florida limited liability company, Defendant. SUBPOENA FOR DOCUMENTS WITHOUT DEPOSITION THE STATE OF FLORIDA: TO: Town of Gulf Stream, Florida c/o Town Manager or Head of Building Department Gulf Stream Town Hall 100 Sea Road Gulf Stream, FL 33483 YOU ARE COMMANDED to produce and permit the inspection and copying of the following documents or objects (see attached Exhibit "A") at the place, date and time specified below. PREMISES: MRACHEK, FITZGERALD, ROSE, KONOPKA, THOMAS & WEISS, P.A. Attn: Daniel A. Thomas, Esq. 505 South Flagler, Suite 600 West Palm Beach, Florida 33401-5945 DATE: WITHIN 10 DAYS AFTER SERVICE OF THIS SUBPOENA UPON YOU. These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing electronic or legible copies of the items to be produced to the attorneys whose names appear on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. Color copies shall be CASE NO: 502023CA010461XXXXMB (AG) provided if the original or your copy(ies) are in color. You may mail or deliver the copies to the attorneys whose names appear on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before the production date (which is 10 days of service of this subpoena upon you) by giving written notice to the attorney whose name appears on this subpoena and will not be required to surrender the required documents or things to which you timely object pending resolution on said objection(s) by the court. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena you may be in contempt of court. You are subpoenaed to appear by the following attorneys whose names appear on this subpoena, and unless excused from this subpoena by these attorneys or the Court, you shall respond to this subpoena as directed. Dated: November 13, 2023 For the Court, /s/Alan B. Rose ALAN B. ROSE Florida Bar No. 961825 DANIEL A. THOMAS Florida Bar No. 168262 DAVID R. MILLER, JR. Florida Bar No. 83846 dthomasa)mrachek-law.com dmiller(:mrachek-law.corn arose@mrachek-iaay.com MRACHEK, FITZGERALD, ROSE, KONOPKA, THOMAS & WEISS, P.A. 505 South Flagler, Suite 600 West Palm Beach, Florida 33401-5945 Telephone: 561-655-2250 Facsimile: 561-655-5537 Attorneys for Defendant 2 CASE NO: 502023CA010461 XXXXMB (AG) EXHIBIT A DOCUMENTS TO BE PRODUCED 1. In connection with the ongoing development, design and construction project by Plaintiff, HWP Main, LLC at 3813 N. Ocean Blvd., Gulf Stream, Florida (the "Property"): a. all applications or requests for permits submitted to the Town of Gulf Stream, Florida; b. all applications or requests submitted to the Architectural Review Board (or similarly named group) of the Town of Gulf Stream, Florida; c. all permits and approvals/rejections issued by The Town of Gulf Stream, Florida, including all emails, letters, or other documents transmitted to or from the Town in connection with any permit application or approval/rejection, for the subject property, dated April of 2022 through the present; d. all certificates of occupancy (temporary and/or permanent) or certificates of completion; and e. all design, architectural and/or engineering drawings and specifications, including draft specifications, final specifications, design documents prepared by Owner's design professionals for the subject property. 2. With regard to the swimming pool at the Property and any pilings installed: a. all applications or requests submitted to the Architectural Review Board (or similarly named group) of the Town of Gulf Stream, Florida; b. all applications, approvals and permits issued by City of Gulf Stream; and c. any and all applications, approvals or communications with the Florida Department of Environmental Protection. 3 CASE NO: 502023CA010461XXXXMB (AG) 3. With regard to the replacement of two windows into two French doors on the east face of the building: a. all applications or requests submitted to the Architectural Review Board (or similarly named group) of the Town of Gulf Stream, Florida; and b. all applications, approvals and permits issued by City of Gulf Stream. 4. With regard to the addition of a shower area and wood deck on the south side of the residential structure: a. all applications or requests submitted to the Architectural Review Board (or similarly named group) of the Town of Gulf Stream, Florida; and b. all applications, approvals and permits issued by City of Gulf Stream. 5. With regard to the addition or replacement of a water feature on the front of the residential structure: a. all applications or requests submitted to the Architectural Review Board (or similarly named group) of the Town of Gulf Stream, Florida; and b. all applications, approvals and permits issued by City of Gulf Stream. 4 Trey Nazzaro From: Trey Nazzaro Sent: Friday, November 17, 2023 9:08 AM To: dthomas@mrachek-law.com Cc: arose@mrachek-law.com; dmiller@mrachek-law.com Subject: HWP v Signature - Subpoena to Town of Gulf Stream Attachments: HPW Subpoena.pdf Mr. Thomas, I left you a message shortly after receipt of the attached subpoena Wednesday but have yet to hear back from you. The vast majority of documents were already located on the Town of Gulf Stream's publicly available records database. However, some were not so I asked our permit clerk to look into this property and she downloaded the following permits and added them to the database: Highland Beach permits: APP22-0224 Remodeling APP23-0576 Pool/Spa APP22-0506 Plumbing for Pool/Spa APP23-0718 Electrical for Pool/Spa APP22-0181 Window/Doors Install Delray Beach permits: 22-204203 Interior/Exterior Alteration 22-204202 Interior/Exterior Demo Stud The Town recently transitioned from the City of Delray Beach as its building official to the Town of Highland Beach, so that is why there are different permit numbers and why this same address from the same time frame appears to have permits in two jurisdictions. The aforementioned permits and other building department records can be accessed from our main records database under building department, land file, address, N. Ocean Blvd., 3813. There are 27 files that pertain to this address. Records relating to the Architectural Review and Planning Board can be accessed from the same main records database, under architectural review, properties by address, North Ocean Blvd., 3813 N. Ocean Blvd. — Seidman. There are 4 files that pertain to this address. This is the easiest way for the Town to provide you with the documents and is how we respond to public records requests in the normal course of business. They can be accessed, reviewed, and downloaded in PDF by someone in your office at any time; they will remain there until they meet their retention schedule of 10 years, and then scheduled for destruction. Our permit clerk is out all next week, so I expedited this production prior to her leaving. 1 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 Guff 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