R00-168 RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A STIPULATION FOR SETTLEMENT
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND HEAVENS, U.S.A., INC., PROVIDING FOR
SETTLEMENT OF PENDING LITIGATION; AND
PROVIDING AN EFFECTIVE DATE.
WI-IEREAS, the parties hereto are currently involved in litigation with respect to
two Code Enforcement Liens which were placed upon the property located at 508 East
Boynton Beach Boulevard, within the municipal boundaries of the City, said litigation knows
as Heavens U.S.A., adverse City of Boynton Beach, Case No. AP 99-10119 (AY) pending in
the Circuit
Court of the 15 Judicial Circuit in and for Palm Beach County, Florida; and
WItEREAS, the parties hereto also have a dispute concerning the request for a
reduction of two Code Enforcement Liens pertaining to a separate parcel of property owned
by Heavens, said property located at 202 East Boyuton Beach Boulevard, Florida,
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, has determined that it is in the best interests of the citizens and
residents of the City to settle the pending litigation and Code Lien disputes on both 508 East
Boynton Beach Boulevard and 202 East Boynton Beach Boulevard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission hereby authorizes and directs the Mayor and
City Clerk to settle the dispute between the parties pertaining to both 508 E. Boynton Beach
Boulevard and 202 East Boynton Beach Boulevard, by executing the Stipulation for
Settlement attached hereto as Exhibit "A" between the City of Boynton Beach and Heavens
U.S.A. Inc,. providing for settlement of pcmding litigation in Palm Beach County Circuit
Court between the parties (Case No. AP 99-10119 AY), and the dispute regarding the Code
Enforcement Lien for 202 East Boynton Beach Boulevard.
Section 2. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this c~'/ day of November, 2000.
Vice Mayor
Commiss~bh&
Commissioner
ATTEST:
P~E 3
STIPULATION FOR SETTLEMENT
THIS STIPULATION FOR SETTLEMENT (The ~Settlement") dated this
day of Noven~er,2000 and executed by and between the parties,
Aeavens U.$.A.,Inc.,a Florida corporation(-Heavens-),and The City
of Boynton Beach, a Florida Municipal Corporation ("City"),hereby
enter into this Stipulation for Settlement.
WITNES SETE~
WHEREAS, the parties hereto are currently involved in
litigatioO with respect to two Code Enforcement Liens which were
placed upon the property located at 508 Ease Boynton Beach
Boulevardl (herelnafter ~508 Property") within the municipal
boundaries of the City, said litigation known as Heavens U.S.A.,
!nc., adverse City of Boynton Beach, Case number AP 99-10119(AY)
pending in the Circuit Court of the t5:~ Judicial Circuit in and for
Palm Beach County, Florida (hereinafter the "Lawsuit");
W~EREAs, the parties hereto also have a dispute concerning the
~equest f6r a reduction of two Code Enforcement Liens pertaining to
a separat~ parcel of property owned by Heavens, said property
located a~ 202 East Boynton Beach Boulevard, Boynton Beach, Florida
{hereinafter "202 Property"), a true and correct copy of ~he Orders
Imposing Penalties/Liens are a~tached hereto as Composite Exhibit
?A", respectively, dated March 3, 1997 and July 28, 1997;
WHEREAs, wlth respect to the 508 Property, the parties entered
~nto a Stipulation and Agreement dated April 11, 2000, which
~ermit~ed:Beavens to sell ~he parcel while placing proceeds from
~he sale ihto a Certificate of Deposit as security for the disputed
~ode Enforcement Liens, a true and correct copy of said StipulaEion
~nd Agreement is attached hereto as Exhibit"B";
WHEREAS, the parties hereto have agreed to settle the disputes
~etween them pertaining to the Code Enforcement Liens encumbering
~oth parcels (the ~202 Property and 508 Proper'cy,,), contingent upon
t!he City of BoynEon Beach Commissions' approval of said se=tleme~t,
u~der the !aforementioned terms and conditions.
~ NOW, THEREFORE, in consideration of the sum of Forty Thousand
D~ltars ($i40,000.00), and other good and valuable consideration,
r~ceipt o~ which is acknowledged by the parties, the parties do
h~reby agree as follows:
Preamble. The preamble as set forth above is hereby
FILE' No, 180 il/07 '00 12:81 ID:MAY,MEACHA~1~DAVELL ~54 764 538? PAGE
incorporated by reference herein.
2. Payment. Heavens agrees to pay the total sum of
Forty Thousand ($40,000.00) Dollars to the City of Bo~lton Beach in
full satisfaction of all Code Enforcement Liens pertaining to the
202 Property and 508 Property. Said sum shall be paid as follows:
The sum of Forty Thousand ($40,0oQ.00)Dollars
shall be paid out of the jointly held
Certificate of Deposit account which was
created under the Stipulation and Agreement
dated April 11, 2000 (Exhibit "B");
Bo
Said sum shall be paid contingent upon City
Commission approval of this Stipulation for
Settlement and receipt of recordable Release
of Liens pertaining to the Orders Imposing
Penalties/Liens attached hereto as Composite
Exhibit "A" to be held in escrow by counsel
for Heavens. The Releases shall be delivered
to counsel for Heavens the day after City
Commissions, approval of this Agreement.
3. Balance of Funds 'in the Certificate o~ ~gpOgit.
The balance of the funds contained in the Certificate of Deposit
Created by the Stipulation and Agreement (Exhibit"B") shall be
~eleased and retained by Heavens, inclusive of all interest
ccumulated thereon. This Release shall cake place the day after
ity Commismions' approval of this Agreement.
4. Dismissal o~ Law Suit, Upon clearance of the funds
p!aid to City and release to counsel for Heavens of recordable
R~lease of Liens as set forth, above, Heavens shall dismiss the
p~nding Lawsuit with prejudice.
S. Continaenoy of Stipulation for Settl~--f. The
parties hereto acknowledge and agree that ~his Stipulation for
S~ttlemsnt is contingent upon the City Commissions approval of
~ 6. No Oral Modification. This Stipulation for
S~ttlement may not be amended except upon the written agreement of
a~l parties hereto.
7. ~overnin Law. This Stipulation for Settlement
shall be construed, interpreted, enforced and governed by and in
a~cordance with the laws of the State of Florida.
2
MIL~ ~o. 1~0'11z07 '00' ~2:22
~B4 ?~4 5~67
Pt~E 5
8, Bindfn~ Upon SucceSsors and Aes£~n-. This
stipulation for Settlement shall inure to the benefit of, and shall
be binding upon, the parties hereto and their respective successors
and assigns subject to the terms and conditions of the Stipulation
for Settlement.
9. ~. The headings of the articles, sections
and subsections of this Stipulation for Settlement are for
convenience and reference only and shall not be construed a part
hereof nor shall they be deemed to limit or otherwise affect any of
the terms of provisions hereof.
10. Attg_~_~__~. Each party hereto shall be
responsible for their own attorneys fees and costs pertainin9 to
this dispute, including, but not limited to, all attorneys fees and
costs associated with the Lawsuit.
11. Certffi~. The undersigned hereby certify that
~hey fully understand the terms, effects, and legal significance of
this Stipulation for Settlement, and that they have had the
OPportunity to consult with counsel of their choice, and that they
are freely and voluntarily, without undue pressure or coercion,
executing this Stipulation for Settlement in the presence of the
witnesses noted herein.
IN WITNESS W}{EREOF,
Stipulation for settlement this
the parties hereto have executed this
__ day of November, 2000.
Si~ned, sealed and delivered
~n the presence of:
HEAVENS U.S,A., INC., a Florida
corporat ion
CITY OF BOYNTON BEACH
FIL~ N~- 1~0 11/07 ' ' ' ~ .......... '
O0 12.22 ID,HRY,ME~CH~MgD~VELL 9S~ 78~ S~
PAGE 6
FILE NoL 180 il/07 O0 '12:22 ID~il~Y,rlEACHPKf&DPUELL
/' ~TY OF BOYNTON B~ACH,
Petitioner,
vs.
PAGE
CODE ENFORCEMENT BOARD
CITY OF BOYNTON B~A~, FLORIDA
CASE NO. 96-4335~
BRANDY BAIL BONDS INC.
Respondent.
THIS CAUSE came before e public hearing before the Code
Enforcement Board of the City of Boynton Beach, Florida on
~ after due notl6e to the Respondent, at which time
ith~ Board heard teatimony under oath, received eviden~e, and issued
it~ ~lndinge of fact and conclusions of {aw and thereu9on issued
,its oral order whl=h was reduced ~o writing and furnished ~o the
iRespondent.
Said Order required the Respondent to take certain corrective
~ctlon by the time certain, aa more specifically se~ forth in that
Order with a compliance date of ~
Under oath, the Code Inspector testified to the Board that
~he required corrective action was not taken as ordered. This case
did not comply to date.
-1-
FlEE 'No.~ 180 1t/07 '00 f2:22
95,4 '7~ 5367 PR6E 8
Accordingly, It having been brought to the Board*s attention
that the Respondent did not comply with the Order dated
Q~ it Is hereby ORDERED that Respondent pay to the
City of Boynton Beach, Florida, a fine In the amount of
TWENTY FIVE f$25.00) dollars a day plus administrative costs for
the violations that exist at 202 E BOYNTON BEACH BLyth. Boynton
Beach, Florida, more fully described as:
TOWS OF BOYNTON LT 9 (LE~S E 23 FT), LT 10 (LESS NWLY 20 FT RD
& 20 FT ABNDED ALLEY LYG S OF & ADJ THERETO BLK 3 according to the
pla= thereof as recorded In ORB 0001 PAGE 0023 of =he Public Rocorde
PCN~ 08-43-45-28-03-O03-O091J-
From November 16. 1996. which was the date prev£ouol¥ set by
~the Board's Order for compliance until the date of
!This Order can be recorded and shall constitute a lien against the
above described property to 162 of the Florida
pursuant
Chapter
IStatutea.
i ORD£RMD this ~rd day of March , 19~7, at Boynton
Beach, ~alm Beach County~ Florida.
{ATTEST:
Icl L,'~ Clerk
' PL96-4335.c£m
~: City Clerk, File
CHAIRMAN
CODE ENFORCEMENT BOARD
CITY OF BOYNTON BEACH
-2-
FILE No. 180 il/07 '00 ~:~ ID:~¥,~E~CH~&D~V£LL
536? P~GE g
'l' '99~8 pg 6~
I IIII II llhlllllllll II III IHIIII II111111 II III It ill i IiiiiiiI1
CITY OF BOYNTON BEACH,
Petitioner,
VS.
CODE ENFORCEM~,~IT BOARD
CITY OF BOY~TON BEJ~H, FLORIDA
CASE NO. 97 604 ~/r
BRANDY BAIL BONDS, INC.
Respondent(s).
ORDER IMPOSING PENALTIESILIE.~
THIS CAUSI~ came before a public hca
of thc City of Boynton Beach, Florida on M~
Respondent(s), at which time thc Board heard
and issued its findings of fact and conclusions,
which was reduced to writing and furnished to
Said Order required the Respondent(s)
time certain, as more specifically set forth in
15. 1997
Under oath, the Code Inspector testified
action was not taken as ordered. This ca~e Did 1~
-1-
ring before the Code En£orccment Board
h 19. ! 997 after due notice to the
atimony under oath, received evidence,
flaw and thereupon issued i~s oral order
re Respondent(s).
3 take certain conmctive action by thc
t! Order with a compliance date of Ap_n~'[
o thc Board that the required corrective
ot Comply to date.
FILE' No! 180 H/07 '00 12:23 i[~i~'i~';il~qCHC~r'~D~q',/ELL 954 '76,4 536? P~6E :tO
Accordingly, it having been brought to the Board's attention that the Respondcnt(s) did
not comply with the Order dated April 28, 1997, it is hereby ORDERED that
Respondent(s) pay to the City of Boynton Beach, Florida, a fin= in tile amount o/` ~flv
f$S0.00) dollars a day plus administrative costs/'or the violation(s) that lqxist at 202 E
~ Boynton Beach, Florida, more fully described as:
TOWN OF BOYNTON LT 9 (LI/.~$ E 23 FT), LT 10 (LESS N"¢/Ly 20 FT RD R/W) & 20 FT ABNDED
ALLEY LYCi S OF & ADJ TH£RETO BLK 3 according to the plat thereof, as recorded in ORB
8685 PAGE 0838, of the Public Re~ords o/'Palm Beach Coup, Florida.
,/
PC:N: 08-43.4s-28.03-003-0091
From June 16. 1P~7, which was the date previonsly set by the Board's order/`or
compliance until the dot= of compliance, This Order can be recorded and shall constilute
a lien against th= above described property pursuant Io Chapter 162 of the Florida
Start]res,
Ordered this ~day of ._~u,~[,.~-,
County, Florida,
,1997, at Boynton Beach, Palm Beach
ATTEST:
CHAtRIVlAN
CODE ENFORCEMENT BOARD
CITY OF BOY'NTON BEACH
Cit~Clerk "'
F~LE No.'ZSO H/07 '00 ~:23 ~;hE~pVELL 95~ ~64 536? ...... f:~GE H
EXHIBIT "B"
F~LE 'No? 180 11×07 'dO 1'2:23 ]I)~IIRY';~IEaCHaClED,qVELL 9.~:1 ?6,4 536'7 ......
PaGE 12
Prepared by and
2~ Cam(no Gardens Blvd.
Boca RaCon. FL ~3432
Now, CheFs,ore, in consideration of the mutual promises,
covenanLe and conaideracions o£ the pa:ties herein made and che sum
of Ten Dollars and 00/100 Dollars ($1n,00) co each other in hand
paid, receipt and sut:iciency of which is hereby acknowledged, the
Cloy o~ Boynton Beech, Florida, a Florida municipal
corpora~ion{Soynton Beach)and Heavens U~A, Inc., a Florida
corporation (Heavens USA}herebystipulste and agree in relation to
the real property looaCed a: 508 ~. Bolmton Beach Boulevard,
Boyncon Beach, Florida a legal description o: which is attached
hereto as lxhihit 'l' and made a part hereol end the real property
located aL 202 R. Boyn:on Beach ~oulevard. Boy~:on Beach, Florida
a legal description ot which is aLtached here~o and m~de a part
hereof an Exhibit aB" aa followo:
C~Ly of Boyn:on Beach code EnforcemenL Board Lien No. 94-3177
(Lieu No. 94-3177) which i~ recorded in Official Record~ Book BglB,
Page 1317 end cfi(tEal Records Book 8i~s, Page 1230, both Of the
Public Records of Palm Beach County, Florida and City of eoynCon
Beach Code EnforcemenC Board Lien No. 9~-a01 (Lien No, 97-~04~
which is ro¢ordcd in official Records Book 9935, Page '~0, of the
Public Records of Palm Beach County. Plori~a constitute all
outstanding Code Enforcement Board Liens ~or violations against 508
£. Bolracon Beach Boulevard, Royn:on Beach, Florida, Boy. ton Beach
warranCs and affirms Chat che Code Enforcement enard Order
regarding Lien No. 97-6o4 is rccord=~ in O[ficlaL Re~ords Book
9938, pages 60 and 61, of the Public Records o~ Palm Beach County,
Florida, and Chat eagc 6~ re,ers to 202 ~. aoyncon ~each Boulevard
when in ~acc bien 9~-604 relates co S08 ~. Boyncon Beach Boulevard.
CiL¥ O[ Boyn:oR Beach Code Enforcement Board Lien No. 96-t115
Page 1B?10 of :he Public Records of Palm Beach County, Florida and
City of Boynton Beach Code Enforcement Board Lien ~o. ~?-gg$ Ibien
No. 97-$6SI which io recorded in Ofiicial Records Book 9938. Page
72, o~ the Public Reoorde of Palm Beach County, Florida constitute
all of the outstanding Code Enforcement Board Liens for violations
a~ai~ 202 i. Roi, noon Beach Boulevard, Boynron B~aoh, ~lorida.
Boynton Beach warran:s and affixes t~a~ the Code En~orcemen~ Board
Order regarding Lien No. 97-~i5 Is recorded in O[:icial Records
Book 9938, Pages 7~ and ~3, of the Public Records oi Palm Beach
County, Florida, and Page 7~ refers ~o SOB E. Boynton aeach
FILE' No: 180 11>07 '00 i2i2~ ID:Mh¥;ilE~Ac~,D~VELL 954 '76~ S3G~ PAGE 13
9930
36?2
overpaid to Boy~tofl Beech sa determined in the h~Lg~cimn, mad inEerett accrued on
FILE No.' 1.80 li/07 '00 1.2:24 II)irla:Y",fiE~CH~rgD~VELL 954 '784 5~sr~
PaGE ~4
Upon deposit by Ileevens uSA o; the sum st g105,043.24 into
Certificate oF Deposit (as set forth above)and in consideration got
same. Boyncon Beach shall deliver a tatielaction and Release o[
bien which eat£siies Lien ~s. ~4-31~7 and Lien No. 91-604 and
releases the real property located at B08 £. ~oynton Bsach
Boulevard From any and all Code Bn[orcemen[ Board Liens by Soyncon
Beach, including, without limitation, Lien No. 95-4335 and Lien No.
97-665 (the release o~ Lien 96-4335 and Lien No. 97-665 pe;[at;t
on1¥ Co reel property located et 508 E. BOynton Beach Boulevard).
Boyn~on Beach~arranto and affirms chat real property located
at 202 £. Boynton Beach Boulevard shall stand on its own and Lien
No. 9~-4335 and Lien No. 97-f65 shell remain solely against the
real property located ut 202 E. Boy~lton Beach Boulevard and any
ocher properly to ~hich they may be applicable, excluding the real
property located at SOB E. BoynCon Beach Boulevard. However, by
enCerlng into Chis Stipulation and Agreement, Heavens USA does no:
acknowledge or maintain that Lien No. 96-i33S0 Lien No.
Lien 97-60~ and Lien ~o. g4-3119 are valid in any
This Agreement may nec be changed, amended, modilied or
altered except in writing executed by all of the par[iee. This
Agreemen~ ~hall be construed and enforced in accordance with the
laws of the ScaLe of Florida, and venue for breach of same shall be
Palm Beach County, Florida.
By
City of ~oynton Beach, Florida
A muni~tion .
a sd:_ II . 2000
By
Heavens USA, Inc., a Floc-ida
c~orattoIl
....
DAVZD A. BUBTZH1B, P~ee:kdent
3
FILE'No.I 180 i'l~OZ '00 ~2:Z4 i~:~Y",I'I~CH~D~WLL 954 ?~4 ..... 536?
P~GE 15
STATE OF PLORIDA
COUNTY OF PALH BEACH
,. BEFJ)RE HE. the undersigned authority, personally appeared
to~egoing S~tpul~tion a~d Agreement and ~a~~d the same
ireely and voluntarily and cha~ he/ah= ia~ kno~me or
SWO~ TO ~ S~SCRIPED beiora me this //~ day of Hatch,
~=a=e oE ~o~da
My CommisSion Expires:
STATE OF FLORIDA )
COLr~Ty OF PAI~ RR~CR )
BEFORE HE, the underaigned authority, personally appeared
~~_~ . 1'.~,. chis ~ d
after bain9 duly' suorn,"deposed and said ~he~ he/she ha~ read ~he
toregoin9 Scipula~ion and Agreement and has executed the same
freely and voluntarily and that'/abc is ~eraonaliv~o~ ~me or
has produced as idencilicacion,
g~O~ To ~D SUBSCRIBED before ~e chis ~day at ~
H¥ Commiseton Expires: