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HomeMy WebLinkAboutAgreement_General_6/11/2020_Steven and Pamela PresleySETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into this " day of June, 2020 by and between Steven W. Presley and Pamela S. Presley, as Trustees of the Presley Family Trust dated October 20, 2016 (the "Presleys") and the Village of Tequesta, Florida ("Village") (collectively, the Presleys and the Village are the "Parties") RECITALS WHEREAS, the Presleys own the Property located at 370 Riverside Drive, Tequesta, Florida (the "Property") within the Village of Tequesta, Florida; and WHEREAS, the.Presleys submitted variance application VAR 1-20 to the Village for the location of the generator on the Property (the "Variance"); and WHEREAS, the Village's Planning and Zoning Board considered the Variance at a public hearing on January 16, 2020; and WHEREAS, on January 22, 2020, based on objections from the Presleys' neighbors, the Village of Tequesta Planning and Zoning Board denied the Variance; and WHEREAS, the Presleys are the Petitioners in the lawsuit captioned Steven W. Presley and Pamela S. Presley, as Trustees of the Presley Family Trust dated October 20, 2016 v. Village of Tequesta, Florida, Case No. 50-2020-001861, pending in the Appellate Division of the 15`h Judicial Circuit In and For Palm Beach County, Florida, in which the Presleys challenged the denial of the Variance (the "Lawsuit"); and WHEREAS, the Presleys desire to work with their neighbors and the Village to resolve any concerns related to the Variance; and WHEREAS, the Presleys' neighbors have affirmed in writing that they have no objection to the Presleys generator location and enhanced landscaping as proposed in this Agreement; and WHEREAS, the Parties desire to enter into this Agreement to resolve all issues and disputesrelated to .the. Lawsuit. NOW THEREFORE, for the good and valuable consideration set forth herein; to which the Parties hereby stipulate and agree, the Parties agree as follows: TERMS 1. Recitals. All of the foregoing recitals are true and correct and are incorporated herein and by reference. 2. Revised Landscape Plan. The Presleys shall install and maintain an additional 12 Calusa hedges around the emergency generator as shown on the Revised Landscape Plan attached hereto as Exhibit A. 3. Variance. The Village of Tequesta Council hereby grants the Variance to permit the emergency generator location to remain in its existing location in accordance with the Revised Landscape Plan by executing and filing the Order Granting Variance Application attached hereto as Exhibit B. 4. Dismissal. With Prejudice. No later than two (2) business days following the Village's execution; filing, and delivery to the Presleys' counsel of the Order Granting Variance Application, the Presleys -shall dismiss the Lawsuit with prejudice by executing and filing the Dismissal':attached hereto as Exhibit C. 5. No Reliance. All of the Parties to this Agreement represent, covenant, and agree that they have not relied upon any representations, statements, inducements, acts, or oinissions of any other Party, not expressed herein, in entering into this. Agreement, and specifically waive and release any claim to have done so, including, but not. limited to, a claim of fraud or of reliance due to fraudulent inducement. Each Party declares and represents that no promise,. inducement, 2 or agreement not explicitly expressed in this Agreement has been made to that Parry, and that this Agreement is fullyintegrated as stated in the next following paragraph. 6. Integration. ation. This Agreement constitutes the entire and only agreement between the Parties, and all prior negotiations, representations, agreements; statements, warranties, guarantees, promises,.and understandings between the Parties. are suspended and.irierged into this Agreement. This Agreement may only be modified by a writing executed by the Party against. whom the modification is sought to be enforced and shall _ bind and benefit the Parties and their respective successors, legal representatives, and: assigns. 7. Applicable Law. This Agreement is subject to and shall be construed and' enforced in accordance with the Laws of Florida. 8. Severability: If any provision of this Agreement is held to :be or becomes invalid, illegal, or unenforceable, the validity, legality; and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 9. Litigation of Disputes. In the event of a dispute as to the interpretation, enforcement, application, or violation of this Agreement, it is understood and agreed by the Parties that the Circuit Court for the Fifteenth. Circuit in and for Palm Beach County, .Florida shall have jurisdiction to resolve such dispute and to enforce its terms. 10 Legal Contract. This Agreement shall be deemed to constitute a contract made and entered into under the laws of the State of Florida, and not a mere recital. This Agreement shall not be filed with a court unless it is necessary to enforce any 'term or condition of this Agreement. 11. Amendments. No amendment or variation of the terms or provisions of this Agreement shall be valid unless made in writing and signed by each of the Parties. 3 12. No .Admission. It is understood and agreed. that. this Agreement is provided in connection with the compromise of disputed claims, .and that the considerations made shall not be construed as an admission of liability, wrongdoing, fault, coverage, or validation of any claims or allegations.made in the Lawsuits. 1.3. Survival., The representations, obligations, and warranties 'set forth herein shall survive the execution of this .Agreement and shall be binding upon the Parties and their heirs, executors, administrators, successors, beneficiaries, and assigns. 14. Construction. The parties acknowledge that this Agreement is the product of joint drafting -efforts and that it shall not be construed in favor of or against any particular parry based on the manner in which the Agreement was drafted. 15. Headings. The headings of the sections and/o.r paragraphs of this Agreement are inserted only for the purpose of convenience of -reference, and the Parties recognize and agree that these headings may not adequately or accurately describe the contents of the sections and/or paragraphs which they head. Such headinrD gs shall not be deemed to govern, limit, modify, or in any manner affect the scope; meaning, or intent of the provisions of this Agreement or any part or portion thereof; nor shall they otherwise be given any legal effect.. 16. Advice .of Counsel. Each Party represents that it has reviewed the Agreement in full. Each Party represents that it has relied upon, or had the opportunity to rely upon, the advice of an attorney of their own choice .before entering into this. Agreement, and that the terms of this Agreement have been completely read and that those terms are: fully understood and voluntarily accepted. 17. Discovery of Subsequent Facts. The Parties agree and acknowledge that they may discover facts different from or in addition to the facts they now know or believe to be true with El respect to the disputes that are the subject of this Agreement. This Agreement shall operate as a - full and complete release by the Parties, notwithstanding: -the discovery of any different or additional facts. 18. Consideration. Each Party affirms that the promises contained in this Agreement constitute adequate consideration to support the enforcement. of this Agreement and each -Party hereby forever waives any claim that -the consideration for this Agreement was inadequate or otherwise renders the Agreement unenforceable. 19. Consent. If any consent or authorization, written or otherwise, is necessary to execute this. Agreement, each Party hereby warrants that such consent or authorization has been received to .make.this Agreement binding and legally effective. 20. Counterparts. This Agreement may be executed in one or more counterparts and. such execution of any one or more counterpart(s) shall be equally sufficient as if made upon a single original of this Agreement..A facsimile or electronically affixed signature. shall be deemed an original. [Sigiiat tre Page Follows] Wi IN WITNESS WHEREOF, the undersigned have executed this Agreement on behalf of the Parties as of the date first written above. 6 By: Pamela S. Presley, Trustee of the Presley Family Trust dated October 20, 2016 Date:_ By: Steven W. stee of the Presley Family Trust dated October 24, �246 Date: G l f Name: Title:_ Date: of T EXHIBIT A . Revised. Landscape Plan Now. 511 Custom Residence 370 W. Riverside Drive R Tequesto, Florida EXHIBIT B Order Grantiniz Variance Application FILED: Village of Tequesta Date:.— 01 D Tinto; VILLAGE OF TEQUESTA COUNCIL CASE NO.: VAR-120 IN RE: Steven W. Presley and Pamela S. Presky, Trustees of the Presley Family Trust dated October 20, 2016, Owners & Applicants PROPERTY LOCATION: 370 Rivet -side Drive, Tequesta, FL 33469 LEGAL DESCRIPTION: RIVERSIDE ON THE LOXAHATMEE LT 2 RLK 4 PARCEL CONTROL NO.: 60-42-40-36-04-004-0020 VARIANCE REQUESTED: Variance from Sec. 78-299(c)(1) to allow the locative of the 48kW 6OHz einergency generator in the front yard of the residence where the code prohibits placement in a residential: front yard. SUPPLEMENTAL ORDER APPROVING VARUNCE APPLICATION IN ACCORDANCE WITH SETTLEMENT AGREEMENT The Village of TNuesta Council has considered the Variance Application, the evidence presented by the Applicants and other interested persons. and being otherwise duly advised, THEREUPON, THE VILLAGE OF TEQUESTA COUNCIL FINDS AS FOLLOWS: I - The Applicants applied for a variance from Section 78-299(c)(1 � Village Code of Ordinances to allow the location of the 48 M 601-1z emergency generator in the front yard of the residence. 2. The subject property is located in the R-1 zoning district in the Village of Tequesta. 3. The Village of Tequesta Planning and Zoning Board considered du, Application at a public hearing on January 16, 2020. 4. The Applicants' neigh bors appeared at the public hearing in opposition to the Variance. The Village of Tequesta Planning and Zoning Board denied the Variance on January 22, 2020, which the Applicants timely appealed. Such litigation identified as CASE NO.-50- 2020-CAOO 1861 remains pending in the Circuit Court of Palm Beach County, Florida. 5. The Applicant-, have worked with the vilian :, and their neighbors to resolve any concerns related to the Variance, including the submittal of the Revised Landscape Plan attached hereto as Exhibit "A." 6. The Applicants have submitted all documents required by the, Village's Code of Ordinances for review and -final action. 7. The application and all supporting documents were reviewed by the Village of Tequesta Council, and as kept by the Village, are made a part of this order and are hereby incorporated by reference. 8. The Applicants and the Village have agreed to settle the pending litigation identified as CASE NO.:50-2020-CA001861, mid the Applicant's neighbors have agreed in writing to the location of the Applicant's generator with the additional landscc screening in accordance with the Revised Landscape Plan attached hereto as Exhibit "A." 9. The Village of Tequesta Council has the right, power, and authority to act upon the Applicants' request. IT IS THEREFORE CONSIDERED, ORDERED AND ADJUDGED BY -ff.lE VILLAGE OF TEQUESTA COUNCIL AS FOLLOWS: The Application for Variance Case No. VAR 1-20 with reference to the above —described property within the Village of Tequesta, Palm Beach County, Florida, to permit the location of a 48kW 6OhZ emergency generator in the frcmt yard of the residence in accordance with the Revised Landscape Plan attached hereto as Exhibit "A" and in accordance with the Settlement Agreement in CASE NO.. 50-2020-CAM1861 to resolve the pending litigation is hereby GRANTED. Done and ordered on 2020- LORI MeWILLIAMS, MMIC VILLAGE CLERK INIEAL PORATED 4 —)Ori 41�L BR�.�MN-AI,4 wil 6 <2 Yo A " It BRENNAL, V 1�17i E OF TE QU, EST -A EXHIBIT C Notice of Voluntary Dismissal With Prejudice IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA STEVEN W. PRESLEY and PAMELA S. APPELLATE DIVISION PRESLEY, as Trustees of the Presley Family Trust dated October 20, 2016, Petitioners, VS. VILLAGE OF TEQUESTA, FLORIDA, Respondent. CASE NO.: 50-2020-CA001961 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE Petitioners, Steven W. Presley and Pamela S. Presley, as Trustees of the Presley Family Trust dated October 20, 2016, by and through its undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.420(a)(1), hereby give notice of the voluntary dismissal of the above - captioned action with prejudice against Respondent, Village of Tequesta, Florida. Dated this day of June, 2020. Respectfully submitted, A/ S. KAITLIN GUERIN, ESQ. Florida Bar No. 124973 BRIAN M. SEYMOUR, ESQ. Florida Bar No. 120308 Counsel for Steven W aml Pamela S. Presley GUNSTER, YOAKLEY & STEWART, P.A. 777 South Flagler Drive, Suite 500 East West Palm Beach, Florida 33401-6194 Telephone: 561-650-0557 Facsimile: 561-655-5677 Primary: kgMn�n(aiMmy,com Primary: hseymour(t_tgunster.com Secondai-y:,aalfaro(4?,6,unster,icom Secondary: eserviceggrgroituxom CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing document is being served on all persons on the below service List on this _ day of June, 2020, via automatic email generated by the Florida Courts. E-Filing Portal. CERTIFICATE OF FONT COMPLIANCE I hereby certify that the foregoing document was prepared in Times New Roman 14- point: font, in compliance with Rule 9.210(a)(2) of the Florida Rules of Appellate Procedure. isi S. KAITLIN GUERIN, ESQ. Florida Bar No. 124973 SERVICE LIST Attorneys for Village of Tequesta Davis & Ashton, P.A. 701 Northpoint Parkway, Suite 205 West Patin Beach, FL 33407 Keith W. Davis, Esq.: leithtMdavisasshtonlaw.com Filing # 109199732 E-Filed 06/22/2020 01:07:41 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA STEVEN W. PRESLEY and PAMELA S. APPELLATE DIVISION PRESLEY, as Trustees of the Presley Family Trust dated October 20, 2016, Petitioners, vs. VILLAGE OF TEQUESTA, FLORIDA, Respondent. CASE NO.: 50-2020-CA001861 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE Petitioners, Steven W. Presley and Pamela S. Presley, as Trustees of the Presley Family Trust dated October 20, 2016, by and through its undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.420(a)(1), hereby give notice of the voluntary dismissal of the above -captioned action with prejudice against Respondent, Village of Tequesta, Florida. Dated this 22nd day of June, 2020. Respectfully submitted, Is/S. Kaitlin Guerin S. KAITLIN GUERIN, ESQ. Florida Bar No. 124973 BRIAN M. SEYMOUR, ESQ. Florida Bar No. 120308 Counsel for Steven W. and Pamela S. Presley GUNSTER, YOAKLEY & STEWART, P.A. 777 South Flagler Drive, Suite 500 East West Palm Beach, Florida 33401-6194 Telephone: 561-650-0557 Facsimile: 561-655-5677 Primary: k ug erin(agTunster.com Primary: bseymour@gunster.com Secondary: aalfaro@gunster.com Secondary: eserviceagunster.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing document is being served on all persons on the below service list on this 22nd day of June, 2020, via automatic email generated by the Florida Courts E-Filing Portal. Is/S. Kaitlin Guerin S. KAITLIN GUERIN, ESQ. Florida Bar No. 124973 CERTIFICATE OF FONT COMPLIANCE I HEREBY CERTIFY that the foregoing document was prepared in Times New Roman 14-point font, in compliance with Rule 9.210(a)(2) of the Florida Rules of Appellate Procedure. Is/S. Kaitlin Guerin S. KAITLIN GUERIN, ESQ. Florida Bar No. 124973 2 SERVICE LIST Attorneys for Village of Tequesta Davis & Ashton, P.A. 701 Northpoint Parkway, Suite 205 West Palm Beach, FL 33407 Keith W. Davis, Esq.: keith iDdavisashtonlaw.com