April 9, 2024

HARBOURSIDE PLACE LLC

115 FRONT ST STE 300
JUPITER FL 33477 5097

Dear Harbourside Place, LLC Representative,

On 11/6/2023, the Town of Jupiter (“Town”) served Harbourside Place, LLC (“HSP”) with a notice
declaring the electrical system for the fountain located at 144 Soundings Avenue, Jupiter, Florida
33477 unsafe and requiring HSP to submit permits to the Town within 90 days of the date of the
notice for the repairs or demolition of the fountain (hereafter referred to as “Unsafe Structure
notice”).

On 11/13/2023, Plaintiff, Amy Davenport, individually and as parent and natural guardian of B.D.,
J.D., M.D. and M.D., minors, filed a Complaint and/or Petition for a Pure Bill of Discovery, against
HSP, Allied Management Associates, LLC (“Allied”), and Town, which requests an Order from the
Court (1) instructing HSP and Allied to maintain and preserve the fountain, its light fixtures, and
its overall electrical system in its current condition until the Plaintiff has an opportunity to have
experts and consultants inspect the subject fountain and (2) instructing the Town to not force,
compel and/or mandate that the fountain, its light fixtures and its overall electrical system be
repaired or demolished prior to Plaintiff’s requested inspection.

On December 4, 2023, the Town filed its Answer and Defenses to Plaintiff’s Complaint and/or
Petition for Pure Bill of Discovery. In its Answer, the Town proposed a minimal delay of
enforcement of the Unsafe Structure notice dated 11/6/2023, until inspection of the subject
fountain by Plaintiff under the following conditions:
(1) The subject fountain remains de-energized (except during the inspection);
(2) Locks are placed on the power switch to prevent unauthorized or accidental energizing;
(3) The Plaintiff’s inspection take place within sixty (60) days of the Court’s Order; and
(4) Harbourside/Allied shall have thirty (30) days to repair and/or demolish the fountain after
the inspection is completed; and
(5) A Town’s representative can be present during any inspection and testing by Plaintiff or
her experts of the subject facility.

To date, Plaintiff has conducted inspections of the subject fountain on December 14, 2023, and
January 25, 2024. It is our understanding that there are pending claims relating to the subject
fountain including a claim which has a mediation conference scheduled for July 23, 2024, and,
thus, there may be requests for additional inspections of the subject fountain soon. Therefore,
the Town is hereby postponing the enforcement of the Unsafe Structure Notice until July 31,
2024, pursuant to the above-referenced conditions. HSP shall notify the Town in writing on July
31, 2024, of the status of any claims which may impact the enforcement of the Unsafe Structure
Notice and may require any additional extension of time.

Jim Brown,

Interim Building Official

210 Military Trail
Jupiter, Fl, 33458