R07-047
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2 RESOLUTION NO. R 07-{)4 7
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING AND DIRECTING THE MAYOR AND
7 CITY CLERK TO EXECUTE A SETTLEMENT
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH AND iSTAR BOWLING CENTER II LP,
10 PROVIDING FOR SETTLEMENT OF PENDING
11 LITIGATION; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14 WHEREAS, the parties hereto are currently involved in litigation with respect to
15 Code Enforcement Liens related to the landscaping which were placed upon the property
16 located at ll90 West Boynton Beach Boulevard, within the municipal boundaries of the City.
17 Said litigation known as City of Boynton Beach versus iStar Bowling Center II LP, Case No.
18 502006 CA 014414 MB AN pending in the Circuit Court of the l5th Judicial Circuit in and
19 for Palm Beach County, Florida; and
20 WHEREAS, iStar Bowling Center has submitted landscaping and irrigation plans to
21 the City along with an application for a permit to the City and the South Florida Water
22 Management District to install a well for the irrigation of the property; and
23 WHEREAS, the City Commission of the City of Boynton Beach, upon
24 recommendation of staff, has determined that it is in the best interests of the citizens and
25 residents of the City to settle the pending litigation regarding ll90 West Boynton Beach
26 Boulevard.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S :\CA \RESO\Agreements\Settlement\iStar Settlement.doc
II
Section 1.
The foregoing "WHEREAS" clauses are hereby ratified and confirmed
2 as being true and correct, and are hereby incorporated herein and made a part hereof.
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Section 2.
The City Commission hereby authorizes and directs the Mayor and
4 City Clerk to execute a Settlement Agreement between the parties pertaining to ll90 West
5 Boynton Beach Boulevard, attached hereto as Exhibit "A" between the City of Boynton
6 Beach and iStar Bowling Center II LP, providing for settlement of pending litigation in Palm
7 Beach County Circuit Court between the parties (Case No. 502006 CA Ol44l4 MB AN).
8
Section 3.
That this Resolution shall become effective immediately upon passage.
9 PASSED AND ADOPTED this.J:L day of April, 2007.
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Settlement doc
~ "ItCt
R07 -rfl7
SETTLEMENT AGREEMENT
THIS AGREEMENT (the "Agreement") is entered into by and between the City of
Boynton Beach, Florida, a Florida municipal corporation (hereinafter referred to as the "City"),
and iStar Bowling Center II LP ("iStar Bowling Center"), a Delaware limited partnership, as of
April
this ~ day of~, 2007.
WIT N E SSE T H:
WHEREAS, iStar Bowling Center is the owner of the property located at ll90 West
Boynton Beach Boulevard, Boynton Beach, Florida (the "Property");
WHEREAS, the Property is operated by AMF Bowling Centers, Inc. ("AMF") as a
bowling alley.
WHEREAS, the City's Code Inspector has cited iStar Bowling Center for alleged
violations of the City's Code of Ordinances related to the landscaping of the Property;
WHEREAS, as a result of the alleged violations, on or about December 28, 2006, the
City filed that certain lawsuit styled City of Boynton Beach, Florida, a Florida municipality,
Petitioner VS. iStar Bowling Center II L.P., Respondent, pending in the Circuit Court of the
Fifteen Judicial Circuit, in and for Palm Beach County, Florida, Case No. 50 2006 CA Ol44l4
MB AN (the "Lawsuit") seeking a Temporary and Permanent Injunction to enjoin iStar Bowling
Center from operating its business;
WHEREAS, iStar Bowling Center has submitted landscaping plans to the City and the
City has approved said landscaping plans (the "Approved Landscaping Plans);
WHEREAS, iStar Bowling Center has submitted irrigation plans (the "Irrigation Plans")
and an application, in proper form, to the City for a permit to install irrigation on the Property
(the "Irrigation Permit");
OR LA_ 4403331
WHEREAS, iStar Bowling Center has submitted an application, in proper form, to the
City and to the South Florida Water Management District for a permit to install a well for the
irrigation of the Property (the "Well Permit");
WHEREAS, upon the City's approval of the Irrigation Plans and the City's issuance of
the Irrigation Permit, the City has agreed to provide iStar Bowling Center with a temporary water
hook-up, with a contractor's meter, to a fire hydrant near the Property (the "Temporary Water
Hook-up"); and
WHEREAS, iStar Bowling Center and the City desire to amicably resolve the Lawsuit
exclusively on the terms and conditions set forth below.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, iStar Bowling Center and the City agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Within thirty (30) days of the City's approval of the Irrigation Plans and the City
providing iStar Bowling Center with the Temporary Water Hook-up, iStar Bowling Center shall
install landscaping and an irrigation system in conformity with the Approved Irrigation Plans and
the Approved Landscaping Plans.
3. Upon iStar Bowling Center's installation of the landscaping and irrigation system,
iStar Bowling Center shall notify the City, in writing, and request a re-inspection (the "Re-
inspection Notice"). The Re-inspection Notice shall be sent to the City of Boynton Beach,
Florida c/o Scott Blasie, Code Compliance Administrator.
4. Within ten (10) days of the date of the Re-inspection Notice, the City shall re-
inspect the Property. If upon re-inspection, if the landscaping is installed in conformity with the
2
ORLA_ 439348,1
OR LA_ 440333 1
Approved Landscaping Plans the City shall immediately certify that the Property is in
compliance. No later than five (5) days following the City's certification that the Property is in
compliance, the City shall issue iStar Bowling Center an occupational licenselbusiness tax
receipt.
5. In addition, within thirty (30) days of the City's certification that the Property is
in compliance, AMF Bowling Centers, Inc., on behalf of iStar, shall pay the City the sum of
Three Thousand Two Hundred and 00/1 00 Dollars ($3,200.00) by sending a check made payable
to the Trust Account of Goren, Cherof, Doody & Ezrol, P.A., 3099 E. Commercial Blvd., Ste.
200, Ft. Lauderdale, Florida 33308. The City and iStar Bowling Center agree that said payment
shall be in full and final satisfaction of any fines or liens related to the Property.
6. Within thirty (30) days of the issuance of the Well Permit by the City and the
South Florida Water Management District, iStar Bowling Center shall install a well on the
Property in conformity with the Well Permit Application.
7. Within ten (10) days of the installation of the well on the Property, iStar Bowling
Center shall provide written notice to the City that it no longer requires the Temporary Water
Hook-up.
8. The City hereby certifies that other than the Landscaping there are currently no
other violations related to the Property in order for the City to issue an occupational
licenselbusiness tax receipt to iStar Bowling Center.
9. The City and iStar Bowling Center agree to the abatement of the Lawsuit pending
the parties performance under this Agreement.
10. Within ten (10) days of iStar Bowling Center's payment of the sums required
pursuant to this Agreement, installation of the Landscaping in conformity with the Approved
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ORLA_ 439348.1
ORLA_ 440333.1
Landscaping Plans and iStar Bowling Center's payment to the City as set-forth in Paragraph 5
above, the City shall dismiss the Lawsuit with prejudice.
ll. As part of the Agreement, iStar Bowling Center agrees to pay the City's attorneys'
fees and costs associated with the preparation and filing of the lawsuit and negotiating this
Agreement. This amount is included in the payment set forth in Paragraph 5. The City and iStar
Bowling Center agree that iStar Bowling Center will be responsible for its own attorneys' fees
and costs associated with the Lawsuit and any matters related to this Agreement. Following
approval and execution of this Agreement, the City agrees to be responsible for any attorneys'
fees and costs associated with matters related to this Agreement.
12. The parties understand and appreciate that this Agreement constitutes a mutual
Settlement Agreement and the parties intend to be legally bound by its terms. The parties also
understand and acknowledge that, in considering whether to sign this Agreement, they have not
relied on any representation or statement, written or oral, not set forth in this Agreement, and
they have not been threatened or coerced into this Agreement by any party or party's
representative. The parties have read this Agreement carefully and fully understand the terms,
consequences, and effects of the Agreement. The parties have voluntarily agreed to and accept
the terms of this Agreement. Each party stipulates that it has been represented, or had the
opportunity to be represented and advised by counsel concerning the effect of this Agreement.
The parties agree that they have each had the opportunity to negotiate the terms of this
Agreement and that this Agreement shall not be interpreted against any party as drafter of the
Agreement.
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ORLA_ 439348.1
ORLA_ 440333.1
13. The prevailing party in any litigation related to this Agreement shall be entitled to
collect all expenses incurred in said litigation including, but not limited to, reasonable attorney
fees (which shall include any attorney fees awarded by an appellate court).
l4. The City acknowledges and agrees that iStar Bowling Center's execution of this
Agreement is made in full settlement, accord, and satisfaction of disputed claims, and does not,
and shall not be construed to be an admission of liability on the part of iStar Bowling Center.
l5. The parties further agree that if any provision of this Agreement is determined
void or voidable, or in any way unenforceable, the parties shall remain bound by the remainder
of the Agreement.
16. This Agreement may be signed in any number of counterparts with the same
effect as if the signatures thereto and hereto were upon the same instrument.
17. This Agreement is solely for the benefit of the parties hereto and their permitted
successors and assigns. No other person or entity shall have any rights under, or because of the
existence of, the Agreement.
l8. This Agreement shall inure to the benefit of and shall be binding upon the parties
and their respective heirs, successors-in-interests, assigns, agents, principals, and related or
affiliated entities.
19. Facsimile signatures shall be binding and fully enforceable as if original
signatures.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date
first stated above.
CITY OF BOYNTON BEACH
Yn./1
INITO, CITY
5
: FOLEY
Aprill9,2007
ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE, SUITE 1800
ORLANDO. FL 32801.2386
P. O. BOX 2193
ORLANDO, FL 32802.2193
407A23.7656 TEL
407,648,1743 FAX
www.foley.com
FOLEY & LARD~ER LLP
WRITER'S DIRECT LINE
407.244.3269
kreck@foley.com EMAIL
VIA OVERNIGHT MAIL
CLIENT/MATTER NUMBER
028830.0106
David N. Tolces, Esq.
Goren, Cheroff, Doody & Ezrol, P.A.
3099 E. Commercial Blvd., Ste. 200
Ft. Lauderdale, Florida 33308
Re: City of Boynton Beach, Florida v. 1 Star Bowling Center, II LP, in
the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm
Beach County, Florida; Case No. 502006 CA Ol44l4 MB AM
Dear David:
In connection with the above-referenced matter, please find enclosed a copy of
the Settlement Agreement executed by my client. Please have your clients execute the same and
return a copy of the fully executed Agreement to me.
If you have any questions, or wish to discuss this matter, please do not hesitate to contact
me.
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KAR: bts
Enclosure
cc: Paul E. Rosenthal, Esq.
John S. Lord, Jr., Esq.
BOSTON
BRUSSELS
CHICAGO
DETROIT
JACKSONVILLE
LOS ANGELES
MADISON
MILWAUKEE
NEW YORK
ORLANDO
SACRAMENTO
SAN DIEGO
SAN DIEGO/DEL MAR
SAN FRANCISCO
SILICON VALLEY
TALLAHASSEE
TAMPA
TOKYO
WASHINGTON, D,C,
ORLA_ 442803,1