Adjustment Hearing Case Files_3719 S. Ocean Blvd._20140326_30567 TOWN OF HIGHLAND BEACH
BOARD OF ADJUSTMENT AND APPEALS
DECISION ON PETITION FOR VARIANCE
Petition No. 30567 Public Hearing Date: March 26, 2014
Town Code Section 30- 68(f)(1)(a) AND (b)
Petitioner Brewer Architecture
Property Address 3719 South Ocean Blvd., Highland Beach, Florida
In the above numbered Petition, by vote as shown in the official minutes and recorded on
the form, it was determined and ordered that the requested variance be granted [ X ];
denied [ ]; granted subject to the following conditions and safeguards [ ]:
In reaching its decision and order, the Board has found/has not found in the case of the
above numbered Petition that:
1. Special conditions and circumstances exist which are peculiar to the land, structure
or building involved, and which are not applicable to other lands, structures or buildings
in the same district.
2. The special conditions and circumstances do not result from the action of the
applicant.
3. Granting the variance requested will not confer on the applicant any special privilege
that is denied by the ordinance to other lands, structures or buildings in the same district.
4. Literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms of the
ordinance, and would work unnecessary and undue hardship on the applicant.
5. The reasons set forth in the applicant's petition justify the granting of the variance,
and the variance granted is the minimum reasonable variance that will make possible the
reasonable use of land, structure or building.
6. Granting of the variance will be in harmony with the general purpose and intent of the
ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
Chapter 30, Zoning Code /Article III; Sec. 30- 40(h): A variance, when implemented in
accordance with the approval granted by the Board of Adjustment and Appeals, shall run
with the land in perpetuity. Unless a lesser time is approved by the Board of Adjustment
and Appeals, a variance that is not implemented shall expire eighteen (18) months
following approval. Extensions of variance approvals shall not be granted by the Board
of Adjustment and Appeals.
Town of Highland Beach
Board of Adjustment and Appeals Pace 2
Decision on Petition for Variance @ 3719 S. Ocean Blvd., Highland Beach, Florida.
Relief from Highland Beach Code of Ordinances Section 30- 68(f)(1)(a) and (b), that
requires a swimming pool must be set back at least ten (10) feet from rear or side lot lines
and swimming pool decks must be set back at least four (4) feet from rear or side lot
lines.
SIGNATURES WRITE "FOR" 0 :AGAINST" PETITION
Barry Donaldson, Chair uD - . _ I
Barry Axelrod, Vice Chair 5 ' 4 Y oa,_ /
(
/
Evelyn Weiss, Secretary e. 5 " 4 ,/ ; f // Y , />/
6 Or /
Bryan Perilman, Member T//3SOL)
f /
Joel Leinson, Member y ! ,� Net
1
Peter Rodis, Member .co ________
William Weitz, Member �� ✓
Attest: 1 ea i,, > Date: 31 '76/ /'i
cc: Building Official
Transmit To: Valerie Oakes, Deputy Town Clerk Date: February 17, 2014
Application No: #30567 Applicant /Owner: George Brewer, Architect - Applicant /Adam Blank -
Owner
Property Address: 3719 South Ocean Boulevard, Highland Beach, FL 33487
Submit Application: Board of Adjustment and Appeals
Application Type: Petition for Variance, in RS (Residential Single - Family) Zoning District
REVIEW GIVEN TO SUBJECT PROPERTY
Description of Application:
Applicant is requesting relief from the Highland Beach Zoning Ordinance, Section 30 -68 (f) (1) (a)
and (b), that requires a swimming pool must be set back at least ten (10) feet from rear or side lot
lines and swimming pool decks must be set back at least four (4) feet from rear or side lot lines.
THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED February 17, 2014, AND
HEREBY CERTIFIES THAT THE FOLLOWING ACTION WAS TAKEN:
Plans meet Town of Highland Beach Zoning and other governmental agencies requirements.
1 1 Plans meet Town of Highland Beach Zoning requirements; however, approvals are pending with other
governmental agencies.
Plans do not meet Town of Highland Beach Zoning requirements.
Recommendation:
The Building Department has reviewed the attached medical documentation for Mr. Harold Acker and
has no objection to allowing the pool and deck to be extended into the side setback provided the
Board of Adjustment and Planning Board approve the alternate design. The Architect or Engineer
must demonstrate to the Town per Ordinance Sec. 30 -68 (f) (1) (d) that the alternate design will not
impact the adjacent property, i.e. slope gradient, erosion, etc.
PLEASE TA KE & HATE ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e.,
So DU H A' `s , RANSMIT TO QUASI- JUDICIAL BOARD, ETC.
Michael Desorcy, Buildi g Official
`1 ) 1 '
CLERK'S OFFICE USE ONLY: Date Received: c 1 11 �
Date of Hearing /Regular Meeting: )1 I �
Date: 3 /3/2014 Time: 11:30 AM To: 915612723722 Page: 003
QF,ao TOWN OF HIGHLAND BEACH MAR 0 4 2014
.9 BOARD OF ADJUSTMENT & APPEALS HIGHLAND BEACH
BUILDING DEPARTMENT
Rof VARIANCE PETITION
Petition # Fees Pald/Receipt No. #
Date Set for Public Hearing:
Note: Ordinance No. 442 Fees: Variance and/or Appeal to Board of Adjustment & Appeals are $500.00.
PROPERTY OWNER:INFORMATION
Name; Pho e: Fax:
alt t S Oc,er« (2):Na t � +o- (t
Mailing AddCess: \op°` O` Q - SV; tie 1J`f 1C7..4.3
Email Address:
(��a \aLn1 S�Do�4 - nu
AUTHORIZED _AGENT
Name: Phone• F x•
'Cse.�sr �v Phone: - � �l a - ��� -�
Mailing Addre•
keNiCpArtu (±7204,1" a_
Email Address: '
0 840 brz vse4re13 , - tyre. c'ru
The owner /authorized agent requests that a determination be made by the Board of Adjustment & Appeals of the
Town of Highland Beach for the following variance under section 30 - (Pica)
of Chapter 30 of the Code of Ordinances of the Town of Highland Beach. The description of the subject property is
as follows:
PROPERTY INFORMATION ASSOCIATED WITH THIS PETITION
Address: Subdivision:
3 tq `S. O c.eu., b.,8 .
PCN:4.1-t -k _ - 1 • of oo • oot - oogo Lot Size: al 3t'i s _F
Zoning District: Present Use: Vat '.
I. Present Structures (type):
MON 15 \['1 I LI i
2. The proposed use will be:
3. If this petition is granted, the effect will be to (brief description — i.e. to reduce side yard from 7' to 2'):
c t) � 11 1 7 v I — 1 k � - r
4. For a variance to be favorably considered, the Board must find that the following four requirements have
been met. After each paragraph, state fully your reasons justifying the granting of this variance.
(a) That special conditions and circumstances exist which are peculiar to the land, structure, or building
Date: 3/3/2014 Time: 11:37 AM To: 915612723722 Page: 004
involved and which are not applicable to other lands, structures or buildings in the same district;
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(b) That the special conditions and circumstances do not result from the actions of the applicant;
NQ i4 t c&7 !� c-- ` I ftic- ,V
(c) That granting the variance requested will not confer on the applicant any special privilege that is denied
by this ordinance to other lands, buildings or structures in the same district;
M(2' qee-44z— I
(d) That literal interpretation of the provisions of this ordinance would deprive the applicant of the rights
commonly enjoyed by other properties in the same district under the terms of this ordinance and would
work unnecessary and undue hardship on the applicant.
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5. Has any previous application or appeal been files within the last year in connection with these premises?
(YES) — (NO) If so, briefly state the nature of the application or appeal.
(Initial) The names and addresses of each property owner located within three hundred (300) feet of
the affected property, excluding property owned by the applicant has been provided. (Notification distances
shall be measured on an arc from the corners of the property.) (YES) X (NO)
(Initt ) 1, the petitioner, acknowledge that there will be additional expenses incurred for the certified
mailing of the public notices and the cost to publish the legal advertisement, which is separate from the Board of
Adjustment & Appeals application fee. (YES)) (NO)
21Pagc
Date: 3/3/2014 Time: 11:37 AM To: 915612723722 Page: 005
(Initia) I, the petitioner, has read the Town of Highland Beach Code of Ordinances. Section 30-40:
Variances & Interpretations for code requirements. (YES) ) (NO)
1 give permission to the members of the Board of Adjustment & Appeals and staff to inspect the property
for the purpose of this application. I declare that all statements made herein are true, based upon the best
available information, and I understand that willful false statements and the like are misdemeanors of the
second degree under Section 837.06, Florida Statutes. Such willful false statements may jeopardize the
validity of my application or any decision issued thereon. I have fully read the information outlining the
Board procedures and application requirements. With this application, 1 am submitting the necessary
supporting materials listed.
** *Owner mus . p ly authorized a. - 4 + • • ed letter attesting to same. * **
` � � Property Owner' Signature: ►. � ` Date:
Authorized Agent Signature: _ Date:
O t4
Condo Assoc. Rep. Signature: Date:
STATE OF
COUNTY OF 1`+C"0 cw
On this day of F'zv>,'uc'.r`j, .tt before me personally appeared kSct4. to me
known to be the person who executed the foregoing instruments, and acknowledged that he executed the same as his
free act and deed.
ERICA M. MiSOREK
Notary P„ei Slate of Nuw York
No e2m16,94904
14,
Qualified m Nassau County__„
(SEAL) My Ccmnission Expires Oct. 16, ZaLla
Notary Public Signature
Received by the Town C1er-'s Office:
' �� Q ��
Received By: l Date:
Date Public Notices Mailed: L L 1 't
Date Legal Advertisement Published: 5 I
3IPage
Date: 3/3/2014 Time: 11:30 AM To: 915612723722 Page: 002
■
v
, `~ TOWN AUTHO OF H
` ; °~ `' RIZED HIGHLAND AGENT AFFIDAV
t .._ ..
I, A s *.. .. , the C-efttfutlier, hereby grant authorization to
(mac. ° r~?t)-x:'S , Authorized Agent, to act in my behalf with the Town of Highland Beach
Building D epartment while conducting activities related to obtaining permits. These activities specifically include
signing all documents requiring signature of "contractor ".
(3i?ij Q: Ce.u.'�. , Authorized Agent, is to be considered an agent of my business and
therefore the signature of said agent is binding and causes me to assume all responsibilities connected to or
associated with the signature as they may relate to my contracting business.
1 , Contractor, relieve the Town of Highland Beach of, and agree to
hold the Town of Highland Beach Building Department h rmless from, any and all responsibility, claims or other
actions arising from or related to the Department's acce nee of the above agent's signature for permit- related
activities. 1 further understand that it is my sole responsibi y to grant and terminate and' such authorization and to
ensure t he Department receives timely notice of any suc grant or termination.
A./'
Signature of eontraetor Ittar4 ) : ,- t-•:.t=i s S gnature of Agent
State Certification or Registration Number
County Certification Number (if applicable)
** *PLEASE NOTE: BOTH SIGNATURES MUST BE NOTARIZED * **
ivIti
Notary fore's Signature: Notary for Agent's Signature:
State of t e_v� `(nF'\ . State of r 4- 0 l 1 -1 D k
County of _1-14 C County of 41'41 BCA-C --►+
The foregoing was acknowledged before me this The foregoing was acknowled 'ed before me this
S h s . day of Fe Pruru - Lt , _____3_— day of H A -44.1
by /\&L. L Q =+`Y- by 64-0 1.k.- i3Lt: t.JER-
who is onally known o , or who produced who is personally wn ji
kno to or who produced
as identification. as identification.
I rt ,, ,, .." - l/ ..---- --- A .—) .4624-ed--46-5
Notary Public Signature No'fary Public Signature
Print, Type, or Stamp Name of Notary Print, Tor Stamp Name of Notary
4 • " ,t, SUSAN BUQO $OLZ
ERICA M. MISOREK
Notary Puel�c. State ut New York * (�� x MY COMMISSION 11 EE 174842
No e2Miet94ao4 'I1 . EXPIRES: March 1, 2016
Ouabdiea in Nassau County
My Commission Expires Oct. 14. 20,1y °gymote Bonded ThN Budget Nobly SIMMS
The Building Department, at its discretion, may require a contractor or license- holder to personally apply for or obtain a building permit
notwithstanding any authorization allowing another person to apply for or obtain any permit on behalf of a contractor, qualifier, or license-
holder.
P MIT r _____. _,
i ii li lc; 0 0 3 0 5 6 7 TOWN OF HIGHLAND BEACH
'r RHORIZED AGENT AFFIDAVI'tEB 1 0 2014
1, 11'1 .% t he Co or, hereby grant authorization to
1 E.1?-- _ ) &R_ , Authorized Agent, to act in my behalf with the Town of Highland Beach
Buil tng Department while conducting activities related to obtaining permits. These activities specifically include
signing all documents requiring signature of "contractor ".
A 601 - `, b ,-,) 15? -- , Authorized Agent, is to be considered an agent of my business and
therefore the signature of said agent is binding and causes me to assume all responsibilities connected to or
associated with the signature as they may relate to my contracting business.
I , Contractor, relieve the Town of Highland Beach of, and agree to
hold the Town of Highland Beach Building Department harmless from, any and all responsibility, claims or other
actions arising from or related to the Department's acceptance of the above agent's signature for permit- related
activities. I further understand that it is my sole respon '.ility to grant and terminate any such authorization and to
ensure that the Department receives timely notice of any .1 h grant or termination.
� -`` i� -- _ — _
S ignature of Contcactof / ' is ature of Agent
1 0 _.. � :,,, ,: ,, GAIL - LEE MCDERMOTT
State Certification or Registration Number ■ 41f-1-.s Notary Public •Stab of FISddS
' , . ! My COMM . EX Ins Jan 20, 2016
y;F ff Commission 0 EE 154121
County Certification Number (if applicable) t '' `
** *PLEASE NOTE: BOTH SIGNATURES MUST BE NOTARIZED * **
Notary for Contractor's Signature: Notary for Agent's Signature: -
State of tV t'u) "\ 0A \._ State of /G c r l
County of i\l County of . � -. _ _.- -
The foregoing was acknowledged before me this Thing was ackno Ledo before me this
day of ' \ptVj(1)ti•-( , $5 / day of ,
r `t t ��/
by ttrfl't \ Ifil V, by - - r^ eur e - ,
who is personally known to me, or who produced who •' rson y known to me, •r who 'roduced
as identification. as ide 'cation
C
c4 \ L \ _caCtY1 ' XV V \ OA. ° .116......- /
Notary Public Signot No Pub c Signature
`KA i tiLEE,. FISCHER
Notary Public 49810 of New York 1 • L L�
No. 4963004 0-( r tee- i 1 •1. 'P 0 t'+'`
Qvctif4,1 i,r N u t,ounty
Print, Type, �tmnpliatCte{,tr gGJ't7, �0 15 Print, Type. or Stamp Name of Notary
The Building Department, at its discretion, may require a contractor or license- holder to personally apply for or obtain a building permit
notwithstanding any authorization allowing another person to apply for or obtain any permit on behalf of a contractor, qualifier, or license-
holder.
TIVARODM -JAO
sbn011 *Isla AG vILIoN '
brOS OS nil ttvgA3 mmo3 y0.4
:$10.2_1
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2/19/2014 www.co.pal m- beach.fl.us/ papa / Asps /PropertyC etai I /PropertyDetai I.aspOparcel= 24434704000010080&
X�EF CaG Gary R. Nikolits, CFA Property Appraiser's Public Access PAPA ■
. Property Appraiser
z
Patin beach County ‘4Wk *
Location Address 3719 S OCEAN BLVD
Municipality HIGHLAND BEACH
Parcel Control Number 24- 43- 47 -04 -00 -001 -0080
Subdivision
Official Records Book 26430 Page 1082
Sale Date OCT -2013
Legal Description 6- 7 -43,S 100 FT OF N 650 FT LYG E OF SR A-1-A A/K/A PT OF CITY LOT NO
Mailing address
1
Owners SCHIFF HARDIN LLP C/O 666 5TH AVE FL 17
X3719 S OCEAN BLVD LLC NEW YORK NY 10103 0001
1
Sales Date Price OR Book /Page Sale Type Owner
OCT-2013 $10 26430 / 1 082 DEED OF TRUST 3719 S OCEAN BLVD LLC
JAN-2013 53,200,000 25790 / 1064 WARRANTY DEED BLANK ADAM TR &
OCT-2002 $ 1 0 1461 2 / 1 399 QUIT CLAIM MARCO MUSA HOLDINGS LTD
MAY -2001 5 1 0 1 2582 / 1 184 QUIT CLAIM MUSA MARCO
APR - 1999 51,700,000_ 1 1048 / 0222 WARRANTY DEED MUSA MARCO &
Number of Units 0f *Total Square Feet 0 Acres10.4602
l Use Code 0000 - VACANT Zoning RS - Residential Single Family (24- HIGHLAND BEACH )
' Tax Year 2013 2012 2011
Improvement Value 50 50 50
Land Value 52,530,300 52,300,300 $2,752,245
Total Market Value 52,530,300 52,300,300 $2,752,245
All values are as of January 1st each year
Tax Year 2013 2012 2011
Assessed Value 52,530,300 52,300,300 52,752,245
Exemption Amount SO $0 $0
Taxable Value 52,530,300 $2,300,300 $2,752,245
Tax Year 2013 2012 2011 i
Ad Valorem $49,606 $45,893 $54,650
Non Ad Valorem SO $0 $0
.
Total tax $49,606 545,893 554,650
■
http: / /www.co.pal m-beach.fl. us /papa/Asps /PropertyDetai I /PropertyDetai I .aspx?parce1= 24434704000010080& 1/1
TOWN of HIGHLAND BEACH ` t
3614 South Ocean Boulevard o w"
Highland Beach, FL 33487 -3325 ` •
561 278 -4540 Fax 561 278 -2606
Receipt Record Page :1
Receipt Number: RCPT2014 -194 Date Printed: 2/10/2014
Received From: Date: 2/10/2014
Reference #: BP -30567 Received By: Carol H.
Amount: $500.00
Comments:
Fees:
FEE2014 -472 Board of Adjustment Fee $500.00
$500.00
Accounts:
001 - 310.000 - 341.91 Board Application Fees $500.00
$500.00
Other Fields:
_
I cam. c103 3 cv8 ao7
3719 S Ocean Blvd LLC
c/o 1000 South Oyster Bay Road
Hicksville, New York 11801
(516) 861 -8800
March 6, 2014
VIA OVERNIGHT MAIL
Valerie Oakes, CMC
Deputy Town Clerk
Town of Highland Beach
3614 S. Ocean Blvd.
Highland Beach, FL 33487
Re: 3719 S. Ocean Boulevard, Highland Beach, Florida
Dear Ms. Oakes:
Enclosed please find the Certificate of Formation and Limited Liability Company
Agreement of 3719 S Ocean Blvd LLC.
Please do not hesitate to call Adam Blank or me if you have any questions with
respect to the enclosed documents.
Very Truly Yours,
Erica M. Misorek
Associate General Counsel
Enclosures
cc: Adam Blank (w /o enclosures)
Delaware PAGE 1
'The .first State
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF FORMATION OF "3719 S OCEAN BLVD LLC ",
FILED IN THIS OFFICE ON THE SEVENTH DAY OF OCTOBER, A.D. 2013,
AT 6:09 O'CLOCK P.M.
, ?on' o,
5 >
Jeffrey W. Bullock, Secretary of State
5411133 8100 A f ,> AUTHEN TC•.TION: 0797983
131171245 ` � DATE: 10 -08 -13
at You may a a this erth s e o line
c orp.delaware. gov /authver.shtml
State of Delaware
Secretary of State
Division of Corporations
Delivered 06:22 Ind 10/07/2013
FILED 06:09 PM 10/07/2013
CERTIFICATE OF FORMATION SR' 131171245 - 5411133 FILE
OF
3719 S Ocean Blvd LLC
This Certificate of Formation of 3719 S Ocean Blvd LLC (the "LLC ") is being duly executed
and filed by Sara Rosenberg, as an authorized person, to form a limited liability company
under the Delaware Limited Liability Company Act (6 Del. C. § 18 -101, et seq.).
FIRST: The name of the limited liability company formed hereby is 3719 S Ocean
Blvd LLC.
SECOND: The address of the registered office of the LLC in the State of Delaware and
the name and address of the registered agent for service of process on the LLC
in the State of Delaware is: Corporation Service Company, 2711 Centerville
Road, Suite 400, Wilmington, New Castle County, Delaware 19808.
THIRD: This Certificate of Formation shall be effective on the date of filing.
IN WITNESS WHEREOF, the undersigned has executed this Ce ' cate of Formation this
7th day of October, 2013.
By
Name: Sara Rosen
Title: Authorized Person
LIMITED LIABILITY COMPANY AGREEMENT
OF
3719 S OCEAN BLVD LLC
This Limited Liability Company Agreement (as amended, modified or supplemented
from time to time, the "Agreement ") of 3719 S OCEAN BLVD LLC (the "Company ") is made
by Acker Family 2013 Gift Trust (the "Member ").
The Member hereby acknowledges that Sara Rosenberg, as authorized person, filed the
certificate of formation of the Company (the "Certificate of Formation ") in the Office of the
Secretary of State of the State of Delaware on October 7, 2013 solely for the purpose of forming
a limited liability company pursuant to and in accordance with the Limited Liability Company
Act of the State of Delaware, as amended from time to time (the "LLCA "), and hereby agrees as
to the terms and conditions of the Limited Liability Company Agreement of the Company, as
follows:
1. Name. The name of the limited liability company is:
3719 S OCEAN BLVD LLC
2. Term. The term of the Company commenced on October 7, 2013, the date that
the Certificate of Formation was filed in the Office of the Secretary of State of the State of
Delaware and shall continue until the first to occur of any of the following:
(i) the consent of the Member to dissolution and winding up of the
Company;
(ii) the happening of any other event that, in the judgment of the
Manager (as defined in Section 6(a) hereof) makes it unlawful, impossible, or
• impractical to carry on the business of the Company; and
(iii) any event requiring the dissolution of the Company under
subparagraph (4) of Section 18- 801(a) of the LLCA.
3. Purpose. The Company is formed for the sole purpose of (i) acquiring, owning,
holding and otherwise dealing with certain real property commonly known as 3719 South Ocean
Boulevard located in Highland Beach, County of Palm Beach, State of Florida (the "Property");
and (ii) engaging in any and all activities necessary or incidental to the foregoing.
4. Member. The name of the Member is: Acker Family 2013 Gift Trust. The
business address of the Member is c/o Schiff Hardin LLP, 666 Fifth Avenue, New York, New
York 10103.
5. Leverage. The Company shall be permitted to employ leverage in connection
with its business which leverage may be in such amounts and on such terms as the Manager
determines are appropriate, including, but not limited to, leverage in connection with (i) the
acquisition, ownership, development, financing or refinancing of the Property (including,
without limitation, making zoning applications with respect to the Property), (ii) distributions by
23004-2052
N1051347882
the Company to the Member in respect thereof, or (iii) the payment of expenses of the Company.
In connection therewith, the Company shall be permitted to secure any such borrowings with all
of the assets of the Company, including its interest in the Limited Liability Company.
6. Powers. (a) The business and affairs of the Company shall be managed by
Joseph Graci and Adam Blank ( "Managers "). A Manager may be removed for any reason or no
reason by the Member which shall have the right to designate a successor manager.
(b) The Managers shall have the power and authority to do any and all acts necessary
or convenient to or in furtherance of the purposes described herein, including without limitation,
the right to negotiate, execute and deliver any agreement, contract or other written instrument on
behalf of and exercise any right of the Company (i) for itself, or (ii) in its capacity as the sole
member of the Limited Liability Company, either (A) as the sole member thereof or (B) on
behalf of the Limited Liability Company, and shall have all powers, statutory or otherwise,
possessed by a manager under the LLCA. Third parties dealing with the Company are entitled to
rely conclusively upon the authority of the Managers. Without limitation upon the generality of
the foregoing, the Managers shall have the full and complete responsibility for managing the
day -to -day business and affairs of the Company and shall make all decisions affecting the day -
to -day business of the Company.
(c) In performing its duties, the Managers shall be entitled to rely on information,
opinions, reports or statements, including financial statements and other financial data, famished
to it by agents, employees accountants or other professional advisors of the Company.
(d) The Managers are authorized to manage the affairs of the Company in
conjunction with the Managers' other business interests and activities, which may be competitive
with or in direct competition with the business of the Company.
(e) The Member may engage in any other business ventures or activities which may
be competitive with or in direct competition with the business of the Company.
(f) The Member authorized Sara Rosenberg, as an Authorized Person, to prepare,
execute and cause to be filed the Certificate of Formation in the Secretary's Office on October 7,
2013.
7. Exculpation and Indemnification of Manager. The Manager shall not be liable
for any acts or omissions, except acts or omissions based on fraud, bad faith or willful
misconduct. Furthermore, neither the Manager nor the Member shall be liable for any debts,
obligations or liabilities of the Company or to each other, whether arising in tort, contract, or
otherwise, solely by reason of serving in such a capacity or participating (as an employee,
consultant, contractor or otherwise) in the conduct of the business of the Company. The
Company shall indemnify the Manager to the fullest extent permitted by Section 18 -108 of the
LLCA, as amended, modified or supplemented from time to time, or any successor section
thereto.
8. Liability of Member. The Member shall not have any liability for the
obligations or liabilities of the Company.
- 2 -
23004-2052
N5151047882.I
9. Third -Party Beneficiaries. Except as expressly contemplated by Section 7
hereof, there are no third -party beneficiaries of or in this Agreement or any of the terms or
provisions hereof or any of the rights privileges, duties, liabilities or obligations created hereby.
10. Sole and Absolute Discretion. All actions which the Manager may take and all
determinations or similar exercises of judgment which the Manager may make pursuant to this
Agreement may be made at the sole and absolute discretion of the Manager subject to
performance by the Manager in accordance with their fiduciary obligations. The duties of the
Manager set forth in this Agreement are solely those of the Manager and not the duties of the
stockholders, directors, officers or employees of the Manager.
11. Governing Law. This Agreement shall be governed by, and construed under, the
laws of the State of Delaware (without regard to principles of conflicts of laws), all rights and
remedies being governed by said laws.
[signature page follows]
- 3 -
23004 -2452
N Y'.51847882. l
IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, has
duly executed this Limited Liability Company Agreement, and pursuant to Section 18- 201(d) of
the LLCA this Limited Liability Company Agreement shall be effective, as of
, 2013
MEMBER:
ACKER FAMILY 2013 GIFT TRUST
/` �
By: .
Josef s raci
Trust -
AA AkM°
-IWO Mr
By:
Ada Blank
Trustee
23004-2052
NY151847882.1
Valerie Oakes
From: Misorek, Erica <EMisorek@mattress.com>
Sent: Tuesday, February 25, 2014 4:20 PM
To: Valerie Oakes
Cc: Blank, Adam
Subject: 3719 S. Ocean Blvd.
Dear Ms. Oakes,
On behalf of Adam Blank, please be advised that the property located at 3719 S. Ocean Boulevard is owned by 3719 5
OCEAN BLVD LLC (which entity is wholly -owned by the Acker Family 2013 Trust), but will be occupied Harry Acker
subject to a lease. The ownership of the home is for estate planning purposes, and the house is being built specifically
for Harry Acker's use and enjoyment.
As further information, Adam Blank and Joseph Graci are managers of 3719 5 OCEAN BLVD LLC and the trustees that
administer the Acker Family 2013 Trust.
Kindly let me know if you require any additional explanation.
Kind regards,
Erica Misorek
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Please note that any views or opinions presented in this e-mail are solely those of the author and do not
necessarily represent those of the company. Thank you.
PERMIT Andrew D. Lipschitz, fr D
03 0 56 7 250 East S3 Street #14
New York, New York 100 2
NUMBER 516.381.3935 FEB 10
Fax: 646.998.5865
HIGHLAND BL,
BUILDING DEPARTroF:is,;
February 3, 2014
Re: Mr. Harry Acker
To Whom It May Concern,
For the past decade I have been Mr. Harry Acker's medical advisor. He has a
complicated history of coronary artery disease, congestive heart failure, peripheral
vascular disease and arthritis. Ile has been maintained on a complex medical
regimen and has improved to the point where he has begun an aquatic exercise
program. He has been unable to do any significant cardiac rehabilitation except in
the pool due to his vascular disease and arthritis. His physicians have developed an
aquatic based cardiovascular rehabilitation program that requires daily pool
exercises and water resistance walking. To accomplish this, Mr. Acker requires a
pool that can accommodate an in water pool track. His physicians feel a pool length
of fifty feet would give him the optimal length to accomplish the goals of long-term
aquatic cardiac rehabilitation. If there are any questions please contact my office.
Sincerely,
Andrew 0, Lipschitz, M.D.
CA:: George Brewer
From: 01/05/2014 23:30 #341 P.001 /001
Broward Health Medical Center
BROWARD H EAL1 IP E R M IT Broward Health North
Broward Health Imperial Point
Broward Health Coral Springs
Physician Group 0 3 0 5 6 7 Chris Evert Children's Hospital
Broward Health Weston
Marlene Aramburu, DO froward Health Community Health Services
Family Medicine - . B�owara Broward Health Physician Group
NUMBER W
Mllica Boy danovic- Starcevic, MD loundadon
'' -;
Healtt
Internal Medicine � '_�
Howard Lewkowitz, MD FEB 1 0 2014
Internal Medicine /Gastroenterology
Armand Rodriguez, MD HIGHLAND BEACH
Internal Medicine BUILDING DEPARTMENT
Hari Paul Singh, MD
Internal Medicine /Gastroenterology
December 19, 2013
Re: ACKER, HAROLD
To Whom It May Concern:
Mr. Acker is a long- standing patient of mine who had coronary artery bypass surgery as
well as a history of atrial fibrillation, pacemaker placement, hyperlipidemia and valvular
heart disease. Because of his multiple medical problems, he is unable to perform
regular exercise. He is only able to exercise in a pool because of his multiple medical
conditions. He has been ordered to exercise regularly and will require an extended size
pool in order to meet his daily therapeutic regimen.
Please feel free to contact me with any questions or concems.
Sincerely,
Al 7
Armand R. Iguez, D.
AR/tei /s 3 /260936
D: 11/12/2013
U: 12/19/2013
T: 12/21/2013
6405N. Federal Highway, Suite 300, Fort Lauderdale, FL 03305 1 954.771.7294 4 55+.409.0516 -f I BrowardHaalth.org
Monday, March 10, 2014
CERTIFICATE OF MAILING
This is to certify that on Monday, March 10, 2014, the Town of Highland Beach mailed a
copy of the attached Notice of Public Hearing for the property located at 3719 S. Ocean
Blvd., Highland Beach, Florida, to the attached list. This mailing consisted of 18 notices.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10 day of March,
2014.
I , IA
Valerie Oakes, Deputy Town Clerk
Town of Highland Beach
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me this 10 day of March 2014 personally appeared Valerie Oakes, Deputy Town
Clerk for the Town of Highland Beach, who is known to be the person described and who
executed the foregoing instrument and acknowledged to and before me that she executed
said instrument for t he purposes therein expressed.
•• � BEVERLY M. BROWN
Notary Seal: 1 � , Notary Punic - State of Florida
1 . „. My Comm Expires Mar 2, 2015
• Commission M EE 69364
/ ./
Notary Pub c — State of Florida
TOWN OF HIGHLAND BEACH
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENT & APPEALS
The Board of Adjustment&Appeals of the Town of Highland Beach will conduct a Public Hearing
in the Highland Beach Library Goldstein Community Room located at 3618 S. Ocean Blvd.,
Highland Beach,FL 33487 on Wednesday,March 26,2014 at 1:30 p.m.to consider the following:
REQUEST SUBMITTED BY BREWER ARCHITECTURE FOR A
VARIANCE REQUEST FOR PROPERTY LOCATED AT 3719 SOUTH
OCEAN BLVD., HIGHLAND BEACH, FL. REQUESTING THE
FOLLOWING:
APPLICATION #30567—RELIEF FROM HIGHLAND BEACH CODE OF
ORDINANCES SECTION 30-68(f)(1)(a) AND (b), THAT REQUIRES A
SWIMMING POOL MUST BE SET BACK AT LEAST TEN (10) FEET
FROM REAR OR SIDE LOT LINES AND SWIMMING POOL DECKS
MUST BE SET BACK AT LEAST FOUR(4)FEET FROM REAR OR SIDE
LOT LINES.
Application is available for public inspection at the Town Clerk's Office, 3614 S. Ocean Blvd.,
Highland Beach, Florida during normal business hours—Monday—Friday from 8:30 AM to 4:30
PM.
Any person who decides to appeal the decision made by the Board of Adjustment&Appeals made at
this meeting with respect to any matter considered,you will need a record of the proceedings and,for
such purposes, you may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is based.
Valerie Oakes, CMC
Deputy Town Clerk
This notice to be mailed certified mail return receipt on Monday,March 10,2014 to property
owners located within 300 feet of the of the affected property,excluding property owned by the
applicant. If a condominium with an association is to be included, written notice may be
provided only to the association president and the condominium's resident or property
manager. Post in an area that is visible to the residents for their viewing.
TOWN OF HIGHLAND BEACH
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENT & APPEALS
The Board of Adjustment & Appeals of the Town of Highland Beach will conduct a Public Hearing
in the Highland Beach Library Goldstein Community Room located at 3618 S. Ocean Blvd.,
Highland Beach, FL 33487 on Wednesday, March 26, 2014 at 1:30 p.m. to consider the following:
REQUEST SUBMITTED BY BREWER ARCHITECTURE FOR A
VARIANCE REQUEST FOR PROPERTY LOCATED AT 3719 SOUTH
OCEAN BLVD., HIGHLAND BEACH, FL. REQUESTING THE
FOLLOWING:
APPLICATION #30567 — RELIEF FROM HIGHLAND BEACH CODE OF
ORDINANCES SECTION 30- 68(f)(1)(a) AND (b), THAT REQUIRES A
SWIMMING POOL MUST BE SET BACK AT LEAST TEN (10) FEET
FROM REAR OR SIDE LOT LINES AND SWIMMING POOL DECKS
MUST BE SET BACK AT LEAST FOUR (4) FEET FROM REAR OR SIDE
LOT LINES.
Application is available for public inspection at the Town Clerk's Office, 3614 S. Ocean Blvd.,
Highland Beach, Florida during normal business hours — Monday — Friday from 8:30 AM to 4:30
PM.
Any person who decides to appeal the decision made by the Board of Adjustment & Appeals made at
this meeting with respect to any matter considered, you will need a record of the proceedings and, for
such purposes, you may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is based.
Valerie Oakes, CMC
Deputy Town Clerk
Published on Saturday, March 15, 2014, Palm Beach Post
The Patin Beach Post
REAL NEWS STARTS HERE
Palm Beach Daily News
TOWN OF HIGHLAND BEACH TOWN OF HIGHLAND BEACH
NOTICE OF PUBLIC HEARING
BOARD OF ADJUSTMENT & APPEALS
The Board of Adjustment & Appeals
of the Town of Highland Hin te geah
co PROOF OF PUBLICATION
conduct a Public Hearing in the
Highland Beach Library Goldstein
Community Room located at 3618 5.
Ocean Blvd., Highland Beach, FL 33487
on Wednesday, March 26, 2014 at 1:30
p.m. to consider the following: STATE OF FLORIDA
REQUEST SUBMITTED BY BREWER COUNTY OF PALM BEACH
ARCHITECTURE FOR A VARIANCE
REQUEST FOR PROPERTY LOCATED Before the ne
undersi d authority personally
AT 3719 SOUTH OCEAN BLVD., g •7 P ersona Y
HIGHLAND BEACH, FL. REQUESTING appeared Justin Peterson, who on oath says that
THE FOLLOWING: she is Call Center Legal Advertising Representative
APPLICATION 830567 - RELIEF of The Palm Beach Post, a daily and Sunday
FROM HIGHLAND BEACH CODE OF
ORDINANCES ES SEC TION 30- 68(f)(1)(a) P P er news a , published at West Palm Beach in Palm
SECTION
AND (b), THAT REQUIRES A SWIMMING Beach County, Florida; that the attached copy of
POOL MUST BE SET BACK AT LEAST advertising for a Notice
TEN (10) FEET FROM REAR OR SIDE LOT 9
LINES AND SWIMMING POOL DECKS
MUST BE SET BACK AT LEAST FOUR (4) er on
was published in said news a
FEET FROM REAR OR SIDE LOT LINES. P newspaper
First date of Publication 03/15/2014 and last date of
Application is available for public Publication 03/15/2014
inspection at the Town Clerk's Office,
3614 5. Ocean Blvd., Highland Beach,
Florida during normal business hours - Affiant further says that the said The Post is a
Monday - Friday from 8:30 AM to 4:30 y
PM. newspaper published at West Palm Beach, in said
Any person who decides to appeal Palm Beach County, Florida, and that the said
the decision made by the Board of newspaper has heretofore been continuously
Adjustment & Appeals made at this
meeting with respect to any matter published in said Palm Beach County, Florida, daily
considered, you will need a record and Sunday and has been entered as second class
of the proceedings may need to o ensure that post and, you m , for mail matter the ost office in West Palm Beach,
hat m aer at
a verbatim record of the proceedings in said Palm Beach County, Florida, for a period of
Is made, which record includes the one year next preceding the first publication of the
testimony and evidence upon which Y P 9 P
the appeal is based. attached copy of advertisement; and affiant further
Valerje•O9Tie'sLCAK says that she /he has neither paid nor promised any
tk>cro
Dep .ct>:t person, firm or corporation any discount rebate,
P.kfQ •• h qa{Img st commission or refund for the purpose of securing 2 1 r
# : NA7 AMEC'5 Notary Public this advertisement for publication in the said
r the State • newspaper. Also published in Martin and St. Lucie
A + ®� ®Gnr.. 'Pres SepLN2.AK Counties.
S Or a ; , Subscribed before 03/19/2014.
Who is personally known to me.
BOARD OF ADJUSTMENTS
Ad ID: 440659
Ad Cost: 189.20