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HomeMy Public PortalAboutPRR 13-0031From: Joel Chandler [mailto:joel.chandler @fogwatch.org] Sent: Wednesday, September 18, 2013 11:23 AM To: Rita Taylor; Bill Thrasher Subject: THIS IS A PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST —TOWN OF GULF STREAM PRR -0004 ATTENTION: Custodian of Public Records for the Town of Gulf Stream Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any records created or received by the Town of Gulf Stream that might reasonable be described as regarding all minutes and transcripts of the special sessions of July 24, 2013, July 26, 2013, as well as any closed door sessions, as well as the final settlement agreement for same in the matter of O'Boyle v. the Town of Gulf Stream. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by § 119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by § 119.07(1)(t) of the Florida Statutes. Please take note of § 119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other oJricers or employees within the agency whether such a record exists and, ifso, the location at which the record can be accessed." 1 am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See § 119.01(2)(f), Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: joel.chandler@FOGWatch.org Best regards, Joel Chandler (863) 660 -4244 ioel.chandler(a @ ogwatch.org www.FogWatch.org TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via a -mail November 29, 2013 Joel Chandler (863)660 -4244 joel.chandlerCa,fogwatch.ore www.FogWatch.org Re: PUBLIC RECORDS REQUEST —TOWN OF GULF STREAM PRR -0004 Any records created or received by the Town of Gulf Stream that might reasonable be described as regarding all minutes and transcripts of the special sessions of July 24, 2013, July 26, 2013, as well as any closed door sessions, as well as the final settlement agreement for same in the matter of O'Boyle v, the Town of Gulf Stream. Dear Mr. Chandler, This letter is attached to an email that provides you with the full responsive electronic production and estimates of public records requested, as listed below, in your email dated September 18, 2013, that we acknowledged on September 20, 2013. This correspondence is reproduced below for your convenience. Also included is an estimate for production of all remaining documents responsive to your request that are not available in electronic format. Items a. and b. - "special sessions of July 24, 2013, July 26, 2013" —The responsive documents are attached to this email. Please open the attached files, which include the documents that are responsive to your requests. Item c. — "any closed door sessions" - 94, 8' /z x 11, one sided pages @ $0.15 per page as per Fla. Stat. § 119.07 (4)(a) 1, for a total of $14.10, which are available for you to pick up at Town Hall upon payment of this fee. Item d. — The "final settlement agreement" is attached to this email. Please open the attached file, which includes the document that is responsive to your request. Sincerely, Town Clerk Custodian of the Records The Town's acknowledgement of the above Public Records Request, dated September 20 2013 is reproduced in the space below: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA September 20, 2013 Joel Chandler (863) 660 -4244 ioel.chandler(a),fogwatch.org www.FogWatch.org Re: PUBLIC RECORDS REQUEST — TOWN OF GULF STREAM PRR -0004 Any records created or received by the Town of Gulf Stream that might reasonable be described as regarding all minutes and transcripts of the special sessions of July 24, 2013, July 26, 2013, as well as any closed door sessions, as well as the final settlement agreementfor same in the matter of O'Boyle v. the Town of Gulf Stream. Dear Joel Chandler, The Town of Gulf Stream has received your public records request dated September 18, 2013. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three business days, and we will promptly send you the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records MINUTES OF THE SPECIAL MEETING HELD BY THE TOWN COMMISSION AT THE CALL OF THE MAYOR OF THE TOWN OF GULF STREAM PURSUANT TO SECTION 286.011(08),FLORIDA STATE STATUTES, ON WEDNESDAY,JULY 24, 2013 AT 3:30 P.M., IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Orthwein called the meeting to order at 3:30 P.M. Roll Call. Present and Participating: Absent With Notice: Also Present and Participating: II. Approval of Agenda. Joan K. Orthwein Thomas M. Stanley Robert W. Ganger W. Garrett Dering Donna S. White William H. Thrasher John Randolph Rita Taylor Mayor Vice Mayor Commissioner Commissioner Commissioner Town Manager Town Attorney Town Clerk Commissioner Ganger moved and Commissioner Stanley seconded that the agenda be approved and all voted AYE. Attorney Randolph distributed copies of a proposed agreement that had been given to him just before 2:30 this date and suggested that time should be given to read it and the amended Exhibit A that is attached. He stated this matter could be discussed at this open meeting or a Closed Door Meeting could be held. Mr. Randolph reminded that Closed Door Sessions relate only to settlement discussions and litigation strategy related to costs of litigation and will be quite limited. He stated if the Commission decides to go forward with a Closed Door Session, the attached Exhibit has been modified so as to exclude the Chandler, Witman and various corporate court cases and the Petition for Writ of Cert. Attorney Randolph advised that if there is to be a Closed Door Session, the Mayor must read the agenda aloud for the Closed Door Session. Commissioner Ganger remarked that most are not familiar with the cases proposed for settlement. Attny. Randolph stated the cases themselves will not be discussed in closed door session, only settlement matters. He added that the cases, except for 2, are Public Records suits filed by Mr. O'Boyle,, people who work for him or corporations in which Mr. O'Boyle has an interest. The other case is a Federal Law Suit in which he claims his iae amendment rights have been violated as having been cited for Special Meeting Town Commission -July 24, 2013 paintings on the side of his hours. filed by Charles Sieman who appeared hearing for variances. It is just an decision at that point. page 2 Another is a Writ of Cert for Mr. O'Boyle at his appeal of the Commission's Attorney Randolph reminded that individuals do not take notes at the Closed Door Sessions. You give directions to your attorneys at the session but the Commissioners have to come back in an Open Door Session and explain what was done, not the details of the Closed Door Session as those remain private until litigation is concluded. III. Announcements made by Mayor Orthwein. A. Pursuant to Section 286.011(8), Florida Statutes, the Town Commission is adjourning and commencing a Closed Door Attorney Client Session for the purpose of discussing settlement negotiations and /or strategy relating to litigation and expenses in the cases set forth on Exhibit "A" attached hereto. B. The estimated length of the session is approximately one hour. C.Those persons attending the session are: Mayor Joan Orthwein; Town Commissioners Robert Ganger and Thomas Stanley; Town Manager William H. Thrasher; Town Attorneys John C. Randolph and Thomas J. Baird; and Court Reporter from Ley & Marsaa Court Reporters, Inc., Julie Andolpho. D.Attendees will now retire to Conference Room. The Closed Door Session began at this point with only the above named persons present. IV. Reconvene Commission Meeting The Open Meeting reconvened at 5:44 P.M. Roll Call: Commissioner Ganager, Commissioner Stanley, and Mayor Orthwein were present. Mayor Orthwein announced there would be a Special Meeting held on Thursday, August 1, 2013 at 3:00 P.M. to receive a proposed settlement agreement for consideration after Attny. Baird has an opportunity to meet with their attorneys to discuss the clarification. She advised that should the document be available any sooner, the Special Meeting may be moved to an earlier time. She added that Mr. O'Boyle owns two houses and the agreement should include that signs and /or drawings should be required to be removed entirely from both properties and all suits, i.e. Witmer and other corporation suits that O'Boyle is a party to be dropped. Spacial Meeting Town Commission -July 24, 2013 page 3 Commissioner Stanley asked if Mr. O'Boyle was associated with all of the corporations listed in the suits to which Attny. Randolph replied, yes, and would be included in the settlement. Commissioner Ganger publically thanked those persons that have helped accomplish what has been achieved so far, a classic example of people coming together. V. Other Matters. There were no other matters. VI. Adjournment. Mayor Orthwein adjourned the meeting at 5:50 P.M. Rita Taylor Town Clerk MINUTES OF THE TOWN OF GULF STREAM TOWN COMMISSION MEETING CALLED BY THE MAYOR PURSUANT TO SECTION 286.011(08), FLORIDA STATUTES ON FRIDAY, JULY 26, 2013, AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. 1. Call to Order. Mayor Orthwein called the Meeting to order at 9:01 A.M. 2. Roll Call: Present and Participating Absent w /Notice Also Present and Participating Via Telephone Via Telephone Joan K. Orthwein Thomas Al. Stanley Donna S. White Robert W. Ganger W. Garrett Dering William H. Thrasher Rita L. Taylor John "Skip" Randolph Thomas Baird Keith Rizzardt Mayor Vice -Mayor Commissioner Commissioner Commissioner Town Manager Town Clerk Town Counsel Mr. O'Boyle's Attorney Town Counsel Randolph's Assistant Attorney 3. Approval of Agenda: Commissioner Ganger moved and Vice -Mayor Stanley seconded the approval of the Agenda. All voted AYE. 4. Commissioners' Consideration of Settlement Agreement Regarding the Cases Listed in Exhibit A. Attached. Town Counsel Randolph suggested a recess of fifteen (15) to twenty (20) minutes at this time, as Mr. Baird was still in discussion with Mr. O'Boyle on the telephone, regarding final issues on the settlement agreement. He inquired if the draft copies of the document had been received and distributed as yet, amongst the Commissioners for their review. Town Clerk Taylor responded that the draft documents were just received and being copied, and would be distributed very shortly. Town Manager Thrasher inquired if during the recess, the Commissioners could discuss any document Issues. Town Counsel Randolph stated "No ", and to wait until the Commissioners return to session. Mayor Orthwein called for a recess of twenty (20) minutes to review the documents independently. She reconvened the meeting at 9:36 A.M. Town Counsel Randolph discussed the procedure of reviewing the settlement agreement with prejudices. He commented on Mr. Joel Chandler's and Mr. Ryan Witmer's positions with regard to this agreement, advising that they are not a part of the agreement at this point. Special Toun Commission Meeting Toun of Gulf stream July 26, 2011 — Page 2 hlr. Baud explained the revisions of the original prepared settlement agreement that he had with Mr. O'Boyle and Mr. William Ring, Mr. O'Boyle's Attorney, with regard to the Commission's request of Wednesday, July 24, 2013. He read and listed the changes in the draft settlement agreement. Town Counsel Randolph stated that the Special Dlagisuare's case against Nlr. O'Boyle will be dismissed with prejudice, and the Town will be dismissing their code violation case, in that regard. Nit. Baird reported that Mr. O'Boyle has begun repainting his house to conform to the Town's code. He also discussed that Nit. O'Boyle will have the development agreement for lot coverage with a survey completed, as soon as the settlement agreement has been resolved. Town Counsel Randolph continued discussing Mr. O'Boyle's demolition agreement with his proposed renovations. He further stated that once the settlement agreement has been signed, Mr. O'Boyle would go forward with the renovations. The diagrams of the property were removed from Town Hall the previous day. Town Counsel Randolph stated that variances were not required, and to interpret the code as allowing the renovations to take place. He suggested the Commission re- confirm to approve the site plan review, as a condition this day, and that will basically be done when the agreement is signed. Mayor Orthwein inquired with regard to the development agreement and the buildable lot, e.g., the submerged property between the lntercoastal and the roadway. Town Counsel Randolph replied that a notable bond will be staked out to know what it is. Mayor Orthwein inquired regarding a resolution if Mr. O'Boyle asks for one thing and the Commission requests another regarding the canal. Town Counsel Randolph stated that there was discussion on the telephone regarding that issue. He further reported that Mr. O'Boyle felt that he could build whatever was in effect in 1981 or 1983. Town Counsel Randolph also stated that Nlr. O'Boyle agreed that the parties will work together in good faith. Mayor Orthwein commented that better clarification on that issue was needed through Charles Siemon. Mr. Baird stated that he has a lot of confidence in Nlr. Siemon, knowing that he is reasonable and a practical lawyer who finds solutions with problems. Mayor Orthwein inquired if it is possible to have Nlr. Siemon come up with a buildable lot area and have him in charge of it, instead of Nit. O'Boyle. She also questioned if Mr. O'Boyle would honor Mr. Siemon's decisions. Vice -Mayor Stanley inquired if there is a project file from 1981, or any notes in the file with regard to this. Town Manager Thrasher responded those files are no longer available. Special Town Commission Meeting Town ofCulfStream July 26, 2013 — Page 3 Town Clerk Taylor stated that those files were purged after fifteen (15) years, but that the code could be checked and assume that the code was met. Mayor Orthwein suggested that the code from that time should be read. Mr. Baud stated that when the settlement agreement has been executed this day, all the cases will be dismissed. He continued that the issue of the buildable lot will still be worked out between him, Mr. Siemon and their client, Mr. O'Boyle, and lie feels it will be acceptable to both the Town and Mr. O'Boyle. Mr. Baird further stated that it was best to know what the buildable lot areas would be. Mayor Orthwein inquired if Mr. O'Boyle is in full agreement in having trust with Mr. Siemon's opinion in regard to the buildable lot. Mr. Baud commented that the concern of the lot coverage is the mass of the structure therefore a maximum size should be reached. He said that he would obtain an agreement from Mr. O'Boyle regarding not to exceed a defined square footage. Mayor Orthwein responded that a maximum amount that is buildable would be a big help. Vice -Mayor Stanley interjected that the present home on the property is 8,000 sq. feet. Mr. Baud inquired as to the ranges in the community. Mayor Orthtvein replied that it depended on the size of the lots, the ocean and many other ranges. Vice -Mayor Stanley reported that the properties range from 5,000 to 12,000 square feet. He continued that he did not believe that there was a 15,000 square foot house in that area. Commissioner Ganger gave some history on the homes that Mr. O'Boyle owns. He further stated that Mr. O'Boyle has a home that abuts the Intracoastal and almost abuts the roadway. Commissioner Ganges discussed the proximity of Mr. O'Boyle's home to his neighbors. He continued that he felt that a home could not effectively be built that is substantially larger than what is there at present, in terms of its footprint. Commissioner Ganger stated that it is a two (2) story home. Vice -Mayor Stanley reported that public records show that Mr. O'Boyle's present home is 7,907 square feet, which is listed slightly higher on the application. Town Manager Thrasher discussed the plan that was submitted which asked to increase the footage to 8,110 square feet from 8,001 square feet. He continued that the Town's code (for reference) would allow a home 5,221 square feet. Mr. Baud stated that effectively Mr. O'Boyle would not be able to build die home. Special Town Commission Meeting Toua of Gulf Su=m July 26, 2013 — Pagc 4 Town Counsel Randolph inquired if he was to tear down what is there today, would Mr. O'Boyle be able to reconstruct a home. Mayor Orthwein responded "Yes" up to 8,110 square feet. Town Counsel Randolph suggested recessing around noon to get this final agreement satisfied, and have a final discussion this day. Commissioner Ganger agreed and stated "Speed is good. Let's get this thing done" Town Counsel Randolph explained in detail the paperwork and time involved to complete thus agreement, and gave instructions to his Assistant Attorney, Mr. Rizzardi. Vice -Mayor Stanley inquired regarding die Witmer case, unrelated to the square footage, whether his letter was going to function as dismissal with prejudice or can a letter be prepared for his signature. Town Counsel Randolph stated a letter of dismissal with prejudice could be prepared especially for him with acknowledgement that he was withdrawing his public record request. Vice -Mayor Stanley added that die Town should be prepared in that Mr. O'Boyle may come back with regard to porches and balconies, whether it is 8,000 or 10,000 square feet. Town Counsel Randolph suggested that die Commission review the site plan on file for approval. Mayor Orthwein reported that she felt that in 1983 three (3) story or higher homes were not approved, and it is important to state at this time that only a two (2) story house is allowed. Mr. Baird agreed that 8,110 square feet and two (2) stories only would be in the agreement. Town Counsel Randolph inquired if the Commissioners have understood everything so far, adding that he felt that they were moving forward in good faith. Town Manager Thrasher inquired regarding the level 3 plan review process. Town Counsel Randolph responded that it was presented to die Commission when Mr. Currie was present and Mr. Siemon made his presentation at Town Hall. Town Manager Thrasher inquired regarding the reference to "immediately approving plans ". He added it does have to go through Delray's permitting process which the Town has no control over. Town Manager Thrasher continued that the Town signs off on the building permit application. He questioned if Mr. O'Boyle thought that the Town could waive that requirement that Delray has final approval. Town Manager Thrasher suggested speaking to Mr. O'Boyle regarding that process. Special Tuon Commiaeim blwing Tours of Gulf Stream July 26, 2013 — Poge 5 Vice -Mayor Stanley recapped the building permit requirements that go through extensive review. He continued that the process could take up to 45 -60 days with Delray and that Mr. O'Boyle should understand that it is not the Town's fault. Town Clerk Taylor detailed the Town's process with regard to the zoning part. She continued, Delray works with the Florida Building Code, which addresses the technical issues and which the Town of Gulf Stream has no control over. blr. Baud stated he would explain the above information to Nlr. O'Boyle. Town Manager Thrasher inquired if Mr. O'Boyle agrees that the wire transfer of monies would be in his name, and not any reference to his Corporation. Town Counsel Randolph questioned the importance of the name on the wiring of monies to the Town. Vice -Mayor Stanley stated that the Commerce Group is not part of die action. He continued Mr. O'Boyle is doing this because of his in -house Counsel and may want to deduct it later. Vice -Mayor Stanley explained further that a letter of approval stating that when the Town wires the monies to "t-YZ" Corporation, that is in satisfaction of this. Town Manager Thrasher discussed 16 Hidden Harbor which has two (2) signs on the property. Town Counsel Randolph stated that die signs will be coming down and that item will be added to the agreement. Commissioner Ganger repeated the importance of only a two (2) story home and the problems with a ]higher house. There was a short fifteen (15) minute recess. Town Manager Thrasher made inquiries regarding the wiring of the money and the timeline. Mr. Baud explained the execution of the agreement and of the money which was to be wired this day. Town Counsel Randolph stated that a copy of the final agreement should be in the Commissioners' hands within the next five (5) minutes for their review. Mr. Rizzardi stated he received an email from Dlr. Witmer confirming the intent to withdraw everything, and a letter staring that, in addition to the email. He added he did not receive a voluntary dismissal with prejudice document to be filed with the Court that is executed at this point. Special To%%Commission Nicaing Tours of Gulf Suram Jule 26, 2013 — Page 6 Town Counsel Randolph and Mr. Rizzardi discussed their directives for Ashlee to prepare the documents. Mr. Rizzardi distributed copies of the updated final settlement agreement. Town Counsel Randolph and Mr. Baud discussed in great detail all die updated changes to the final settlement agreement. Mr. Rizzardi further described the process of finalizing this procedure and suggested Mayor Orthwein be the only signature on the document. Vice -Mayor Stanley moved and Commissioner Ganger seconded approval for Mayor Orthwein to sign and bind the agreement. All vote AYE. Town Manager Thrasher and Mayor Orthwein left the premises to proceed with wiring the money. There was another short recess at dhis time. Vice-Mayor Stanley called the meeting back to order at 2:13 P.M. and reported that Mayor Orthwein has left the dais in order to effectuate certain items that related to approval of the settlement agreement. He continued that since there is no other business, the meeting is hereby adjourned. Sandra Fein Recording Secretary Vame: e ttltlrc :: urumiu1MRn1uoi )u1311OR oil] 11))m(m( CFN 20130420056 OR HIS 26343 PG 1265 RECORDED 09/24/2013 12:19:13 Palm Beach County, Florida Sharon R. Bock,CLERH 6 COMPTROLLER has 1265 - 1326; r42p0s1 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 17 4A day of Ss t6T, 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 - judiclal 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 $10.0D 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. 1 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. WHEREOF, the parties have hereto set their hands and seals this '' day 2013. FORM AND C. RarfKph l Attorney Signature , ame: 61lian F RwJ x -4, , OL / Signature Print Name: I- b-nVta P /1101 /C /C /R2012 0827.13 Page 4 TOWGU E , FLORI DA By: Ma MARTIN E. O'BOYLE lixhfik# A ®1 CCO PC) � Town of Gulf Stream Address: PART 1, APPLICATION REQUIREMENTS To be completed by Town Slopduriappro-appticaffm wnlerenco A. Review and Approval Processes 0 I. N. Ocean Overlay Permit 0 2. Land Clearing Pelmli 0 O Annexation Review 0 4. Comprehensive Plan Toxl Ammdmenl Review B S. Dema47ion Parma 0 E Future Land Use Map Change Review 0 7. Adminisbaliva Appeal 0 6 Zoning code Text Amendment Review 0. Application Materials 0 g. Sign REVIEW 0 10. Site Plan REVIEW, Level 111 0 1f. Site Plan Revision 0 12. Special Exception Review 0 13 . Subdivision Review 0 14. Vadmrue REVIEW 0 15. Rezoning REVIEW 0 i6. (Other) NUMBER OF COPIES REQUIRED APPLICATION MATERIAL 1 t Completed Development Ap ficalion Z Far of + 17 6. Gmeral Location Map (an age Ran 17 4. SO Plan R full size, 15radiced 10 1fir 17' 17 6. Balding Elmuws2 fW size, 15 natured') 17 6. Flaw Plans R IWI she; 15 reduced' 17 7. SW Plans 12 full size, 15 reduced' 0 Perspectwomdfor Oobtmadering (Rewmmended lar meo0ng) 1 B. Drainage Plan Il altered) IT 10. Lmdswe Plan (2 lull she, 15 reduced') 11. Septic Tank Patron 12. DOTDdveway PemIR(donAlk larairy allua0ans to dlWe) 17. DOT landscape Pencil WA) 17 14. Survoy(11'x17') 15. Subdivision Plat 16. CmMVn)ncy0ocumenls 1 17. Proof olovmershb(vFartmly dead) 1 10. Agonl Alfidavil 1 IS, List at Adlawnl Pm adv Owners Envelopes 20. Pmpedyownmawlidibi 7300' (stamped addressed enva5lpes, no return address 1 21. Proppdy OWmas Allidav0 t sal 22. Photos or Existing Home( Da ImUc) t 23. ConsWctim Traffic Management Plan 24. 'NOTE: Whore mul, pte caPles of a droving ate rogUIred, two comas 5 all be an Original full site 12411 x 36'1 drawing which Issigned and sealed. All other copies shall be reduced to 11a x 17'. Please rotor to the ImIruc0on for man detailed Information. Appholan far n =Lvnn1ApponLFazADA.]11W7 Pryer Tdvm of GWi stream TOWN OF GULF STREAM 51 APPLICATION FOR DEVELOPMENT APPROVAL This form Is to he used far al dwenpmenl MVIEW apPEZDms to be heard by the Town cf Gulf stream A1030cWrel AcOm and Planning Board, Baanl of Adpsimerd, andlorTutvn Comeslan. To complete the form pmpedy, please review the accmnpany'og Torm of Gul /Stream Inshudmn Manual forApp4callon for OevebpmaMRa✓rwPona Feiluratocbmpiategde form propertysvfli delay. Its conslderzDnn. ARPB FOeR PART It GENERAL INFORMATION Tabs complofedhyaB nf appOas A Project Informallon IA1, PicIecllbwnerNome: MAlZTIN 0'50YLE Al Proper Address: Z OlbDN ( ?'-a—,I6VLP 5QCWR-bm ISi3 IAO. PrOedPmpedyLegaiDmoipuan:Lb 5,IJIWM HAVOXGTAM, I�'D�DIN&TDTN6 PLaTbf �SRCi�RL� IryPc�rsroK�� R01 tVW6 PcoM OF Pa4n EeACH c4uN , Flowa4. IA.4. PmpdDesmpuon(desWiabdafa4 fnrludmgdofslodes, etcl t;DDiTIDtJ bF ENi� FkTTNkE ^'p' -D "� f F wrrH ►sEw>:rdmy �roRtyDE LtAHTS . IAa. squareFaolagcofNewShucWmaAdduoml�L59 •FT.-I1N'%DNdT10N:41. Aichuedurdstyle;�ANF'o{{ MEDI?i;RRAl3'eA#1 REYIVF4L LAO. Check an lnelapply.�ArchuaWaaVSle Plan Revlax G Land CL -sdng 0 NDA au Oveday (camplale secg B) Oemeaon of Slmciums 0 Nontesidenual u s Ved w —� (wmpble sawn G) ZSPedal Ercepllon (mnVsfe secuon4 tA1. (a) ProposedFF.E: Nt7LNANA& I B Type of Foundation: &oA WT1146 D. Ovmerinfamallon 19.1. OwnerAddmss: WTIR WRAE 192 OwnaPh=Numbnr. qq j -3lo Ills Fa 15�1.3faD•D8D7 183. OsmerSlgnahse: C. AgontlnfonnatIon '.I n,1/I ,t1,OPfAp lr ICA Agent Nama and Firm Name: W,LaAM A14t &*VtEEIRIMPV9. 1.C2 AgemAddresa: W,.INEW?6Rf CENi�ZbR.DFnIEnLD��!!ni1{r Ff.. I2 LC3. Agent Phone Nfter.(o Y•��' r� WDan Fex�Tl' Oa ���. 1.C,4. AgentSlgnatae. OtOcfo s n PmaAppDale ARPBDale: App Dale: Remmrendauen: Comoals: Tcna1t Appucalbn for OevelopmentAppioval Fomt ABA.2000 mvised6113100 Pago 2 ' Tmm ofGUySlaam PARTIII. PBDJECTDESCRIPFIDNANDJUsiVICATION To be mmpkled by ayopPBaNs eyupre•eppycafian aonkmnco "ATOM Slay. Pkasa tie carx Md brkl Alldch addDmnaf aheok 04 %hen nacessay andba sum la 6H fhe eppmpdak a roha bot quesyannumbarhrr each msponse. A. Pm)ecl Desmipyon and JusNncaion r�I 5D%rfl r1 IIIA1. mwhal mnmg d'shklls the pmkd cle kcaiedi IVUR�H _ IIIA2 Is thepm) ecicanpamielalllOakleNollheranmgdisVip7�Yes ❑No ExPW.TgFNEWL Stl7FtMIKrx4UlCEtN U__11� WITH I Alb IMILk1(C RIA3. b Dle �' lbPrlC`' IN-I}IENpI�Nl3p D, � pmJ conchtW Im b Na Fubn Land Use Map and goals, o mlfves and poWas of the Compmhansivepian? Oft ONO Explain—IT A—PM —'$ I P4'AptY�15T1iNT IIIA4. Flew ammgrese and egressto the propedyto bepmvUed 7_WU C4{tl-- e InA5 a b. 0. f' 0 K IIIA6. Olio proJed involves P,e emc0on of one ormare elmdmea, please desalha how the 6inxtirm am mndslmd will Ihs cdleda in Sedlon 66-144 of g,e Tmm of GUq Stream Code. (Allach aftilonai shaellomssay.) 7d114 ADDItiUN FNAAtta ye i)I&TICS 6f THE$VI(DII�Dt MHI S 1TMyREP�TYtP1} Tt61EU11iN'fHFPP.tFERR�D►1RLEFi 'tRAL K �� ZmJIN6PmFLCttUMCO EIFWIT WAC PR6rERT1ES. PARTIV ADDITIDNALINFORMTIDN Sedkn A is to be compfefed by aY vAnkaNS sP_cpm.ap*ab conference mil, Town slay Anavednp 'Yss•fo anygmsgm hl SceyonA mgWmsAemrgafalbn deddtronef Sedkm eskdfcmled. A. Additional ApprovalslReguhemenk NA4 Does the prole Iva lapd me wRhb My test (5P)ol6ie A1A(Nmlh Ocean BoWavaNl rolap way? O Yrs o (ff' Yes•, seclm B ofldspad must becomoeled.) NA2 Does D,epmjed mvaWe l,adenol@Jor,dansamom slmdmes? WYes El No (&'Yes", seclmr Coflhk part must be cwnplelad.) IVAS. Does Dm pmlecl bw*o the clew mg a NDig at any ponhn of m Ed vacant lot or mom D,an tkPKMI( 60% )ohhakndsWBd,aeooladevebpodiol? OYeslNo Pf Nes", seclon D dDds pmt mus(he compklsd) NAS. D lhopr *dtmgsbeapproMolaSpedNFxcepUm? TYes ONO(I(•YeeXclbn E010dspad mudbecampleled) IVAe. 19 a propd al variance Win any mgWePom cmniabed in Pa Zoning Code? fyos ONO(If" Yes•, secDon G of Us pad must be coapbted) AppDwilon for DavelopmenlAppmval FmmADA3200D Page 3 TownhlGuYSlream B. Projects Requiring North Ocean Boulevard Overlay Permit IV 81. Venal slgnPaenl landscape features or mchnecluml features ere to be dlsluibed or added and to what extent? IV82. D%mYe the need and juslidmikn for Ilia dslurhancoladdi ;Ion: _— IVB3. Vaa the dlslurbanceladdldon daboy of seriously hrpas visual relellonships among buildings, landscape features and open space, or introduce fncompBlVe lmdscppa feature; or plant malerbli Ihal destroys at Impose eignirmlvrews or vistas vAldo the Nolul Ocean Boulevard Overlay Disbicl7 Yes No IVBA How is the design consislenl with the AIAUndscepa Marmot Pmlecl7 NB5. Wnat.midgallon is proposed so that the dlsWrhanceladdilmnhas the least Ynpad p%smle to the visual and a%me6c que5ly of the Norm Oman Budavard Ovaday Olssicb O. Projects Rcquidng a Demolition Perron r nlcl.t �F17M N.C.1. V7ns we the ¢Y1sYipsburly %lobe demolished? IT 16DMAINED la nj3Tp INED IV.C2. When am lheptaposed cWGur¢s lobe mnsWcled7 ,]r � PfW1 mu. What is the landmark status of the suuclutec to be damallshed7 J poe D. Projects Requiring a Und Gloating Permit N 0.1 Oesmbe UsevegetajHo materials bl B Inch %N dlumeearand greater le be North Ocean BauIeVBN IVO2 Describe moneed end WsggmGan lot the removaVreloeagan: IV O1 Now is the removal Imm the ptojed site of Vegetation to he Wilg¢md: NDA. Heond destine romtnng and neocated eocat es and Ihereep ateriars to be prolecled and preserved during the end ND5. What replacer¢ irridedels moprop md7 n tar OeveiopmenlAppreval, Farm ADA1111 Febmary Page 4 i — wail AEG 2ND FIbDP. G+ E Pro", Requidng aSpocld Exception N'Ed' ISU,e PNposed useapmmjled q=lal ezcepfan Us,? Yes []NO Code SecUav U_ b N.E2 wWdfar"aadtimmalswil bo Ma liO Peed to be op"AW w Ural the pubUc health, sately, Proleded) DN 2 PIP D - air�NHANCES f�E5IN i�5I&N N.E3. WdEausecawes he loczled) Dyes No Ilnpvy to the vaLa orolhe Property In U,e nelghhv,hood where It Ic m Explain MTC5 f IF t2v L,IH•f}N -�' '"'�[�i APt' RfZ�N � NEA Howwa Aeusebe to la be located) �geE,levdUl ed,Wbg development end lheeha'ddetof the District where 11 ON D r} NEhJ t}11GFi12 `fb ylag8 PAPER-r,FS, IY•ES. WIallandswpinpand sueenhrg eropm•,ddad) NUT tAN �YAPINf1 N,E.E Does the us' y 1, wwh ell epp�gble ttgldatim, govemNp D,e Dlshlct Vmhsrp II Is m be Ivgled7 0 Ye.; Nv LpNfdpJtl5 7D P?Gp.. p110N, -TffE EAV, m �ER�ISED pmt Z� Zr"- 13l'Y 7 . TD AVOID CDNK1ICfrNQ y» ITN EYJS Mt 40FINl7 4� AM D vv �t�� CC (�E�teDE7 F. Nun-Residential PnOJbclsandRmidendalProjectso fGreat,V 2Unils �' r CIE. NF.1. Hcmnmonaroetsf JU��areb6ep,avtJad, desaNelhamaadhow U'DYamtvbemahleted. NF2 II reoesUon fecole eru b be pmvded descdb. them and mdr potential Impa Properties. NF3. direaahoflhafagmdmg, LslUre ranter pmVded end NJrdCnenskns. Loading bparns: Standards, gp ; SmaUCarParldnB SpaSr, Nardkapp ed PakinB Spaces: DrI V"slAldps: APPUMPm fur DevdopmenlAppmvaf FMADA3= Pope 5 9:WK - a-r6AM E Pm)ecls RequWn as octal face D P pdon N'�'HPOS�gteDOSe designed, aPmMlLdspedal excepltcn uses xYes ❑Ha Code Section: / //�''�, located and iov wel3le, and moR wB hDpm @dad? Proposed to be opmoled so Rod RID public health, safely, N N FF t 81T NHAW6E5 -- �ESTFEf:'t(CS I�iN N'F-3, wR Ne Ise sauce suhslanUal Inlay to the value of other ha low4d70y�XNo Pmpody in the neighborhoodsrherahls to Eslplatn. I--- I �w FDR FNHANCEb A ARA 04E 7 &JILDIN� —�--� C NE�'DN 1,11'fN N�'Ifa}i�p N.6A How Wi00tam ebepalbl"ftad I 1Is h be Ioceled? 9 development end the character of the Di ft where II IH S WIU. (,lpW FDR'i}1l; 1:E�1 I OF W t�yJ rukE WHICH IS 91w ll �4�2 TD tsER9 F i'ERTi�TRANCE N.E5, What lausizoping and ssseaning ampmvided? C�� F TD to Nt acraPit`�i 15 PRDPoS D�STNCa tANbS(�1Pr?.IA Y,, SEM81 N NE9. the use f I=I ed? ❑YqD with aU appgpNe molfal-tw governing U's B.-Wst wherein 11 1, W he tocai EVlan. THE f5W )tUkL 5Fil3AP.IC IS �iD 1 Ft UNDN ODD rnn� $ut uNt �r�EwCoa THE iflwm 15 !Ir Sr UYE" r —la Pbu11p1wU w P, rtnva rsrrrc>�ar>f D f.Nan•Rosldenllal ProJeds and ResldenglNests of Greabr than 2 Units I DNS. NF 1. If common emelas9tles are to be provided, desxha them and haw mey MID bo mah biped. NF2 II n mealmn fedgges em tab, Prm%ded, desvbe Ihmn and melr PDlengal trVada on swounding pmpedma N.173. For each oflhafoMvdng, gel the numyx Loading Spaces: prwlticd end0agtl6nenslonn. Slaodald Parking Spans: Small car Parking space n Heedaepped Patking Spaces: DdvearayslAhles: Applitlelbn for DevdopmenlApimVA FonnA1k 32000 Page r `'Tbwn'uf GulfSbeam VARIANCE -ZNI a LLIJIt G Projects Requiring a Variance (code Sedim66d5o through 1571 IV.G1. From Whalaprraiic Zoning Code regulation Isevarimmrequested? ID' M SAVE 15 2W,'4d't PK LOWfKI1`YWOULD PHY516ALLU PDNFLVT WITH EXj5TIN6 RoDF TRLrS. DIM. What does the Zmdng Cade requte for gala specific sfie7 1-HE PROPDSED ryT}ZANCE FEATURE 15 WITHIN,TOI 5D' NEIEHT flUAWArtAE BU7 THE �k1VEW0ULDNEEDgDC� a-I°'�41'@COMPL IVG3 What W proposed? FAY! W, H 1 H SD K. r IV.GA Wnel is the trialvadmoe requested? FROM 2�4 '.�n 2,G 1 -(S la IVGL& The 100o*g 6 mandatory vedzmm fmdings from Section 66.15., must us aadddrefl a ✓d --Rath addltimal sheel H necessary.) (1) What specific umndM ms and circumstances erisl which are peculiar to the land, sWclme,nr hagNnp Involved and wft are not appifcabie to other land; shughkes, or hulldmgs In gre scone alma dkldct7 EXIST IZ5 BUILD t W UNE SVILT UNDER PR Y05 Wbl , (2) Cie the special mndNons and cgcumtlamms result fmm the actions Doha apppce017 Yes ©o (3) VM gnantmgNe variance conler upm the appggsntany special prNdage that Is d�hyths Zoning Code to other Inds, building, or shclures W NS Same mn'ng dIsM? Yes No Explain: -PF 09(,W t PIkJR6Q9ATy4 hF THIS HDNIEJS_ UNIQUE (4) Howswuld a atefal lnlarprelallon or In, rmvBmns of InZmhg Dr6mmm deprive the applicant of rights camnmly enjoyed by other propefges N IM same amlng dsWd under gte same terms or ti>e drdmance and work unnueessary and undue hardsNp on the applicant? �f15 kiOUSF gulau IS (rN Ir F,60 IT CAN'T 6E NiMN M(ALLY EIq"LED IW(NDIAT PAATIN6 PM -16MAL LPUME AND RVIZTIEW THE AMARANdE pf: THE HO (5) is he Vedanta fequ a min6mm vadanm that mahas possible the reasonable tree of the land, WgdlAg orsWeWre Ye No Explain: MINIMOM VAtZ1 PWeE'fD ERRANCE THE ARF 400E -(b W1b12E �ON6LVZh'L'tbTt1'E NEI &HBDR�(bdD (6) WA granting lhe"Awn pomO mypmhnL6ed use to be e51ORshed Of �teh6shed: Yes 0 (7) Is the requested vartmtm mmislmlaaly tlra goals, pohim, and Objectives of [he Mona Lend Use Nap of Ole adopled Co�reMnale FI0n7 Yo No (e) WM ger variance be In harmonysviN the general lnlentmd purpose oflhe ZoAg�m and not be InWous W Me area bwalved or og,endse deblmenW WPM pubfi"Miea7 Yev No Explalm_ It N"Ca 2E APMPAMC1 ANb 11469h-Z V15 N> tlfhgf� RED \IALNE5 Application for fi vekpmenlAppmval, Fmm AOA32tld3 Page 6 Febmary=2 ' EL"21Gullslremn VAWlw6 ST G. Pmjocls RequlringaVmlance (mde5ecrion60.150gnough157) ^ oov�t/nI tV� W.G 1. FmmwhalspecUoZoning Code regulation is evariavuomquesled7 lEiq 5ET'eYtyl- IV G.2 What does the Zoning Code require for this specific site?EPON- %18ACK. ^:60V FRDm VrECTIVE" Wr LNE It "EFPETIVE" Of UNE +165 (- HANDED fyEToAN jg'ekt AND?4ADA2THE 5gmE IV.G3. What Is proposed? %F R�J f 50F DF TH 15 C. IV G 4. What is the total variance requested? WWI IDt ENCRDOIAEW WITH 'V ENCQQessed:1�NT. IV.GS. Tho following 6 mandatory valance fmdings from Sec11co 66 -154, must he addressed: (Attach additional sheet O necessary) (1) What specidc conditions and circumstances exist width are pocular to Me land, shudufe,nr building Involved and which am not applbble to other lands, slruMdres, or bullsinga In the acme Randall district? THE CDDE ft CNANCaM AND A NDN 8D4DRMIN WA5 SEATED. (2) Did Mn specblcondigsns and circumstancas rasidl from the Rollo-is of the applicant? Yes Ho (3) Wm grangng the variance confer upon the eppiilanlany special privlloge Mal is deg:ad�4 the Zon4p Code to olhar lands, bultdings,ar strultures In Ma same zonlog dbhlet? Yes f oo Explain: t4 RFN , FETWK LANEIUW WAD ONNhft AU, A05 611,41AgIN Wt!P ED WDULD lye NON 0 -WOM&. (4) How would a glerai lnterprobaWn of Me pmvlslensal Me2ming Ordmance depdvo Moepplleanlof rights commonly enjoyed by other preperga In the same mdng district under Ono same Is= or the drrianancs and work unnecessary and undue hardship an Me applicant? TUF �_ 11YSICA4 51 WK 6 ADA a T UNDER THE ULD CDDE, Phi NEW M61DR NIEA°J)Kl SIT W-K A5 I I'S "I EVEN TROM HDTNIN9 06 PNbICAUA &WEED (5) Is Ma Variance mqueslydilso minimum variance that makes possible ME reasonable use of Me land, buildirg or structure? CCYYaadd No Explain: UNCEIZ DVADDE� FRMVE WT UNE1215010 WWLD NDNWRli1 i `%all MINITARI. WHEN 1-vg 15 fffft. LD t/- F W PAVEMENT, (6) VAN grengng the vailance permit anypmhl611ed use to be establisuld or re•estahtshod: Yes t.jdal (7) to the requested variance consistent% goats, po4cies, and objec5Ves of the future Lend Use Map oftheadopted Comprehenslva Flan? Y Na (0) M Mevarianca be In ho:mony wOh Me general Mlent and purpose of the ZanIng L)MlOgno an d not be injurious M Me area MmNed or olherwise detrimental IDMa public weIN �Yje-/ No Explain: IT WILL ENHANCE AMMAN& AND 1�E brAPAT15LE WIT9 THENFIE1Nf3Dfta Applicatlon for Development Approval, Form ADA -320DO Page 6 February 2002 T++ERE 15 AN tXISTINEI ATRIUM TRAt EXTEI\lb5 V FRDm lfaf FRONT FACE DPVF ft5E�7NAt MIL BE RBVIDVED ob REPI&C&D 61 AN f MUNCV- � Ak W TWCONb$ ONLY 2 f4PA -rRV FawNt "4101 liWSlream N. rl*e Is Raqufdng Rexrdng IVA.1 Whalkthe WWra land Uoedeslgnago ;totlhopmJedsito7 N.H.2. It the pM,ed b ft l a mho g Zanfig Coda text change, Fuiure Land Use Ma �tsli(aallan for hamquaal dlange, r any LOmbmgon Ihemof, please desa@e the ne d and PART V- OPTIONAL INFORMATION Thlc entire Part is upgonai(or all appft,ts ARP)Wnts em encouraged, but not required, to provide any eddganalralevantdn(ormaCvn reg,,gnyIhs a cpnyecTlhta file alharmelefklrwWpdmlh he eppFgna net cavredelsewhere on hh term oron o7o ApPgmgon fr Oevelapm ant Appre✓ul Frm M2000 revkodMO Page q I 1 I vu ..,�, ' I •i i 1 Ar il. i0 11 I^ . �J o :v J I •1i" y I I I 1 111 r� � 11 1 1 1 II 1 ®. 1 m ' im 1 DEVELOPMENT APPROVAL SET 1- 15.2013 mN n "o gpIM 9 4 F F ii[k 51 it t� ^ > FA O F iSFaeIEFN$ 1 �� °- Sl :1 5 N m. w g G Y =e4Pif° 2 IZ G c .k ail ¢�qA�6 ElY Y i, a OR E P. N l25 EIM-ST -T 13S 1VAOHddV 1N3WdOT3A3O Wt/ will g pp y �laag6 rq fill P 10 t il ia, 3 ? p io � a� ETOZ- 9T- T1351VA0NddV1fLW, 11110 Q �i .uu.unu�.wu- rwr.�vgnnw7-w^nrr nuenr n�u.nn nuum.unmv +win r�en a�u�.v.us w�u��e..uwu u�e�N ns� Q {{uu 9 4MIT, Z o < U 3jiL� 9y F p 3 P e = c `a Ejp'2 /Si t,t35 lA Otlddtl N3WdS19ARI 2 Fa QW W 3 a g' I �3 z 0 a z a� ` ®�|,� ) kno 20 m :\ ! ER& ' ( ; | I § mR , ■/ % Vb ( P t d .M |2 ` . 561'7370166 - Fax C- kj�bf 1& 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 25 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 tided "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: 561737018B 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 (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.. the ievn "Zml7r0Qeme"4 2. The Town recognizes that its interpretation of the Code, including, without limitation, the current setback regulations established therein may not enable the N 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 4S vseo iN the $2ttlemen i 48t6eMelat Shall 4150 uvc4v�e fufuae i m provemeA;ts +o be cu,rtn,cipo eN •Fu Pao feuz-�— t . 2 5617370188. Fax 02:15:43 p.m 07 -26 -2013 4 R2 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 terns 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 5617370186 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 Plaintft, 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 5617370108 . 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 "). (8) 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 Representations and Warranties of the Plaintiffs. Each of the Plaintiffs represents and warrants to the Town as follows: 5617370180 Fax 02:16:16 p.m. 07 -26 -2013 1 7 d2 , (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 tens. 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; I 56773701M Fax 02:16:25p m. 07 -26 -2013 B122 (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 Survivabilitv of Representations Warranties and Covenants. The representations, warranties and covenants contained in this 7 56i73701BB 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. 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. E 56373701BB , Fax 02:16:45 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 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 Plaintfs 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 E 5617370168 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 partys 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 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 FaK 02:17:19 p.m. 07 -26 -2013 13/22 €to the Tovm; Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Clerk Facsimile: 561 - 737 -0188 V1litli a.c�y to: Jones Foster Johnston & Stubbs, P.A. 505 South Fiagier 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 5617370108 , 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. Severabilitv. 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 5617370186 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. ADDIDgy. 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 15122 561737018B. 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, 2013. By: �K /\ 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: Wo6113147ID0013WDct1gr6737.dccx - 15 56173701BB Fax 02:18:01 p.m 07 -26 -2013 17122 EXHIBIT "X' CASE NO, W JudiciarCircuit Palm Beach County, Florida PARTIES SUBJECT 502013CA006750XXXXMBAO Martin E. O'Boyle vs Town of Gulf Stream PR #332 502013CAUDS125XXXXMBAH Commerce Group, Inc. vs Town of Gulf Stream PR #000 502013CAOOBBOPXXXXMBAA N984AC Caravan LLC vs Town of Gulf Stream PR #343 502013CA008701XXXXMBAA N9B4AC Caravan LLC vs Town of Gulf Stream PR 4340 502013CA008594XXXXMBAG Airline Highway LLC vs Town of Gulf Stream PR #341 502013CA008452XXXXMBAG Martin E O'Boyle vs Town of Gulf Stream PR 0335 502013CA008919XXXXMBAD N984AC Caravan LLC vs Town of Gulf Stream PR #351 502013CA01 1 12D)D=MBAO Martin E. O'Boyle vs Town of Gulf Stream PR 4363 502013CA011122XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR Signage 502O13CA011411 XXXXMBAJ Martin E. O'Boyle vs Town of Gulf Stream PR # 39B 502013CA011414XXXXMBAI Martin E. O'Boyle vs Town of Gulf Stream PR #407 502013CA011416X0XXMBA0 Martin E. O'Boyle vs Town of Gulf Stream PR #408 502013CAO11417XXXXMBAD Martin E. O'Boyle vs Town of Gulf Stream PR 4 409 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 502013CA00638BXXXXMBAY Martin E, O'Boyle vs Town of Gulf Stream Certiorari US District Court Southern District of Florida 13 -CIV -80530 MiddlebrookslBrannon Martin E O'Boyle vs Town of Gulf Stream Injunction Declaratory Judgment p:Moa11314M0DI3XdadIgg1763.docc 5617370188, Fax Town of GuIrstra m Nostra Rood 02:18:14 p.m. 07 -26 -2013 18122 Apt ':0173 i } i I CODEIWORCEMHNTSPEaA,LMAGISTRATE pa TOWN OF OULF STREAM, FLORIDA CASE NO: CH 2 -13 STATEAMW OF VIOLATION AND NOTICE OF E AR@IG Persuant is See pan 2 -75 of the Town of GOIfShcwn Code of Otdfaencq We undersig notice Of uncorrected violations) of We Town of Gulf Stream aucc(s) more Pm herein, and requests n PUBLIC HHARM beflnm the M Co ENFORCEar MAGISTRATE of We Town. I. Location/Add=s wheevioletion(s) edst(s): 23 Hhm p H zyc I),j� 2. Legal'Dcseriptloo: Iar 5 Hidden Rarbmw Esbjrps 3. Nsmeaadaddn=ofowne /person in chwBo wham vlabdon (s)odsl(s): Maxi I ?e Y gives 4. Violation ofTmvn Code Section($) and dt,,fi tions: brtSi$riA.Cafo�fl on S si.de'i Sec. 66-446 pmbibi.ts s1 P () — hgd stripes_. E Sec. 70- 106(b)(3) lists � d cal ltste�7 as be�a5 Pitted. Ibis ®$ _.. epymoed colras 'Fpr Serm:ot, uea:.____ Ise. clean n S. Date ofFimthupecti.=1lpri130 2mn Fstmd MU6. as 5-1-33. Refused to Ac,. it bmd he 5 -1 -13 6. Dateowner5tsinotiEd eviolatioo(s): Accapted votlee an Tcx;n Hall on 5 -6- 31 Won gives 48 It°la,'s ulich UMB 3, 2013 7. Dat ecrftwhichvioiotionsarctobewnected: js the poCtce be refused but, sent •Mhu••a�4•ssH•�•Iie1.M• Vi8 flea. IIr1PORTANTNOTICE + *+�•••••••r•irr. +t•••••• UNess We violator couecls We violadca(a) described hernia by We date set Porih ob I CONTACTS TFIE UNDH[L9IMMD CODE INSPECTOR AT 561.276.5116 AND COMPLIANCE wi l Im Town Codes) cited he etn, NOTICE l3 vedFy HHARHdO FYII L BH CONDULTHD hr We above refemoced P�roHpddrty bGloVfore W A (1H7]C SttmamC Oda Eaforcemrn lSpechIMegietratemtb•G_73 I dfQulf or no so Bs We case can be be !n the Town Hall Commission Chamber local d at 1011 Seams elide GWf Stream;l Imida I YOU ARE REQUIRID TO APPEAR BEFORE THE SPECIAL MAGISTRATE m answer 8II`6Sape dot you have violated the above cited ecetiaas orlh Code ofbslinan ' [ tjt% Towdof0ulf5teem• IFYOUYAI, TOAITEND ,WeSpeclolMagialreleamybase -.of aolelyupnn presentation byes Town Code Inspeetar gg _ I William H:T(aasbeq rownMamgec Tows of calf Stream 0 5617370188 Fax 02:18:32 p -m. 07 -26 -2013 1 19122 YOU MUSTNOT. TFY THE TOWN OF GULF STREAM AT (561)276.5!16ON OIL SEP PAROM OF D Re0�BOL OWNED RDIM TEL NCH IS NO ONGER IN VIOLATION REQUMMGA RSINSFCDON. OF TOW1CDE5 T_ IF THE VIOLATJON(S) IVARB NOT CORRECTED IN THE TIMM SPECIF CORRECTION, OR IF THE VIOLA-DON(S) IS/ARB CORRECTED AND THEN RE CASE MAY BE PRESENTED ED FOR THE (S TO THE SPBCN IAL MAGISTRATE EVEN IF THE VIOr, FPAVBBEENCORIUICf EDPRI0RTO TEIRSPECiAj,MA01STRATHHMARING. O -- 1040U FAI—L, N(jTZY THE TOWN OF GULF ftREAK 'CEMENT -- IT WILL BE PR.�&VMEI CODE ENFOR SPECIAL MAGISTRATE THAT PfiRR THE PARCEL OF REAL DESCRIBED HEREIN AND OWNED By YOU CONTINUES TO BE IN VIOLATION. If the Special Idaglahoto finds Out you have aemmiued a vrelatioa, he/she may order COWLIANCH with the Code and if &R to 11�IATH you comply with such Order within the time forth th=)%he/she can IMPOSE A FINE OF UP TO S290.00 edod eer PERDAY far each vials g If the Town Is sucmusfut in prosecuting your case berme the Speiial Magbshatr, l; es NRL BE IMPOSE' BY THE SPECIAL MAGZMLkM SUCH FINES SHALL CONSTTTTITM'A LuN ON ANY REAL OR PERSONAL PROPERTY OWNED By YOU. FAILURE TO PAY S(I H FLAPS CAN RESMT IN FORECLOSURE AND COLLECTION ACTION BY ME TOWN. If you disagree with a dec(sion of the special Magistrate, Yam may appeal to the CIRCUIT C iUR'T OF PALM BEACH COUNTY within 30 DAYS after the Speeral Maglsttala's @cleric entemd. Ifyou wish 10 11M the Spcial Magisual eRONSERyouin Ene and 'a now it compliann RECONSIDER sewes End you wish to request a REDUCTION IN an WN APPLICATION AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE T OF GOLF STREAM FOR ANY SUCH REQUESTS. ALL )REQUI RM&NTS FOR SUCH r RQuast MUST BE MET FORTHR SPECIAL MAGISTRATE TO RECONSIDER YOUR CASE If a person deodea to appeal my decision made by the Special hdagistrale with respect to m y mauae eaanidered ail subject mewing, they will need a record of the pmb=HnE a, and-ioi such-pur, ose, they may nod to ensure that a verbatim record of the Proceediogv is made, upon which rma includes tusOmmyead Evidence upon whichappeslismbebased. (FS 286.01w5 PLEASE GOVERN YOURSELF ACCORDINGLY, By: Rr�Ta�.. . Town ofGalfStmam 1005eaRnad GulfStrram,FL33453 (561) 276 -5116 5617370188 Fax 02:18:48 p.m. 07 -26 -2013 20122 X11: Wiring Instructions: Branch Banking and Trust Company 300 Summers Street Charleston WV 25301 Routing # 051503394 Commerce Realty Group Inc Account# 5177704344 Attu Robert Boder Phone: 304 -341 -1043 5617370188 Fax 02:18:54 p m 07 -26 -2013 1 . 21/22 Exhibit `T)1" 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'D to the Town of Gulf Stream and its employees and elected and appointed officials (collectively retired 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 Releasers 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 VMNESS WHEREOF, the undersigned have executed this Release as ofthe day and date first writteigabove. Un 0 UN In Commerce Group, Inc. Vjikdn E. O'Boyle, President C Caravan, LLC E. O'Boyle, Member Airline Highway, I. 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 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 firm 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, attomeys, 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. it date first U undersigned have executed this Release as of the day and H 1 e gg ae re ee gqg f' o R v R y v H a s w v a N 'ZY C�Jr R y.� d (^Rn, tl 53JYd fll Moro .O �Yld tlNp Btl YN N � tp y, Gy � L 101 y O B F yp i 00 cR N JII a [o \ R 0 'O \Y y T; yit vR y CNC En R q tE n a� u t0 N R R bo 4 N a C y 0. j z�a�a =co �x�xA��Mi Tom_ Y• G +'J U 0 U Vll �I O N W b4 9:211 i � t