4th Amendment 02/21/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 2,2007
TO:
Suzanne A. Hutton
County Attorney
ATTN:
Kathy Peters
Executive Assistant
Pamela G. Hanc~
Deputy Clerk
FROM'
At the February 21,2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the Fourth and Fifth Amended Settlement Agreements in
Richard M Osborne & Conch Contrada LC v. Monroe County & Joe Paskalik, CA K OJ-J08
granting another one-year deferral of the proposed development through the end of ROGO Year
1 (July 14, 2007 to July 13, 2008).
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: Finance
File./"
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
Plaintitl7Petitioners,
Case No. CA-K-OI-I08
v.
MONROE COUNTY, a political
subdivision of the State ofFlorida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
/
FOURTH AMENDED SETTLEMENT AGREEMENT AS TO
jKEYS FEDERAL CREDIT UNION. AS SUCCESSOR IN INTEREST
TO RICHARD M. OSBORNE
Plaintiff KEYS FEDERAL CREDIT UNION ("Credit Union"), as successor in interest to
Richard M. Osborne, Trustee, and Defendants, MONROE COUNTY, a political subdivision of
the State ofFlorida ("Monroe County"), and JOSEPH P ASKALIK, in his official capacity as
Building Official ("Paskalik"), (collectively, the "Parties"), having previously amended a
settlement agreement in the above-styled action, and agreed to Credit succeeding Osborne
according to the rights and duties contained in:
a. The Settlement Agreement dated July 17, 2002, hereinafter "Original Settlement
Agreement," attached hereto as Exhibit "A".
b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as
Exhibit "B".
c. The Second Amended Settlement Agreement dated May 16, 2006 attached as
Exhibit "C".
1
d. The Third Amended Settlement Agreement as to Conch Contrada, L. C. dated May 16,
2006 attached as Exhibit "D".
1. The parties hereby agree to amend the Second Amended Settlement Agreement as
follows:
a. Paragraph 1 is hereby amended to read:
1. The Keys Federal Credit Union, as successor in interest to
Obsorne, has received through the Amended Settlement
Agreement Major Conditional Use Approval to construct a
25,120 square foot credit union, banking or financial
institution office facility requiring 74 parking spaces plus 4
handicap parking spaces during ROGO Year 16 (ending
July 13,2008).
b. Paragraph 3 is hereby amended to read:
3. In accordance with the development orders referred to in paragraph
1 of the Original Settlement Agreement, Monroe County agrees to
process promptly upon submittal the application for building permit
by Osborne or his assigns for construction of mini-storage
warehouse per the Original Settlement Agreement during ROGO
Year 12 or the alternative 25,120 sq. ft. credit union, banking or
financial institution office facility in ROGO Year 16 (July 14, 2007
through July 13, 2008).
2
c. Paragraph 7 is hereby amended to read:
7. All other terms of the original Settlement Agreement dated
July 17, 2002, and subsequent Amended Settlement
Agreement, and Second Amended Settlement Agreement
and Third Amended Settlement Agreement as to Conch
Contrada, L. C. shall remain in full force and effect.
d. Paragraph 8 is hereby amended to read:
8. This Fourth Amended Settlement Agreement shall not be
valid and binding upon the parties until approved by the Court and
incorporated into an Amended Final Judgment entered by the Court
in these proceedings.
e. Paragraph 9 is hereby amended to read:
9. Until this Fourth Amended Settlement Agreement has been
approved by the Court pursuant to Paragraph 8 above, the
preceding paragraph, the Original Settlement Agreement and
Judgment previously entered and unmodified, and any subsequent
approved amendments or modifications shall remain in full force
and effect.
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Printed Name of Witness
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Signature of Witness
BOARD OF COUNTY COMMISSIONERS
OF "".NROE COUNTY, FW~
By(J/1Ak~ ;{q, ~
Mayor/Chairperson
By:
KEYS FEDERAL CREDIT UNION as Successor
in Interest to RICHARD M. OSBORNE
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EXHIBIt "A"
IN THE ORCUIT COURT OF TOE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOil MONROE COUNTY, n.oRIDA
RICHARD M, OSBORNE, as Trustoe;
and CONCH CONTRADA, L.C.. a
Florida Limited Liability Company,
Plainliffs/Petitioners.
Case No. CAK...oI.I08
v.
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MONROE COUNTY, a. political
subdivi:!lion of the State of Florida;
and JOSEPH P ASKALIK, in his official
capaci1ll as Building Official,
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Oefcndanl! Respondents.
SE'ITLEMENT AGREEMENT
1'laintilTs RICHARD M. OSBORNE. II.~ Trustee ("Osborne"), and CONCH
(.'ONTRADA, L.C., 8 Florida Limited Liability Company ("Conch Contrada"). and
Dcfcndllnts, MONROE COUNTY, a political subdivision of the State of Florida
("Monroe CO\lllty'). and JOSEPlI PASKALlK, in bis official capacity as Building
OffICial, ("Paskalilc."), baving amicably resolved their differences which gave rise to this
ao.:tiOIl, hereby Ilgrec 10 settle this matter between them upon the following terms and
conditions:
1. As to Osborne, Monro<: Cowlly agro::s: a) thai. a Major Conditional Use to
construct a 35.200 sq. ft. mini-storage warehouse: has been approved, with conditions, by
Monl'OC' County Planning Commission on January 27, 1997, undcr Resolution No. 1'3.97,
recorded at O. R. Book [446, pages 2205 - 2207; b) tIW. a variance with regard to off-
slreel plll'king. reduc;ing the number of required parking spacclI from 3.0 to 2.5 pcr 1,000
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sq. n. t,r floor area for tho proposed mini-storage wareholl8e was 8l'llnted by the M~
C.ounty Planning Commission on JIIlUlllY 17, 1997, UJlder lesolutiDll No. P2-97: and, c)
that both development orders IIR pnIIICntly valid and in full fo," and effect.
2. As to Conch Contrada,L.C., Monroe County Igrees: I) that 1 Minor
Conditional Use Development Order No. 5-99 to construct one 7,500 square tOot
n:stlIunlllt, to relocate an existing sewage treatment facility, and to locate 1 sbared
driwWllY, wall approved, with conditions, by the Planning DiteCtor ofMonroc County on
Augu91 4, 2000, recorded in OR nook 1654, pages 1591-1595; and, b) that this
development order is p_tly valid and in fuU fon:e and effect.
3. Notwitbstanding anything in any of the ~velopment o~ refemld to in
paratlJ'lph$ or 2, above (and, specifically Condition No. 1 in CoI1ditionai Use
Development Order No. 5-99), Dr any oth<< provision of the Comprghensive Plan or
Ordifllll~ces of Monroe County, no building perntit shall be denied to eidlet' Osborne or
Conch Contrada, L.C.. on the baais of Monroe Cuunty's regulations relating to non-
l'Csiden'tiall'l\tl: or growth Df the adop\ion (Dr lack of adoption) of a nonresidential permit
allocation system or its equivalent, including, but not limited to, the regulations set forth
in MO~lroe County Comprehensive Plan PDlicies 101.3.1 through 101.3.5, and Monroe
County Ordinance No. 032-2001.
4. In ac:c:ordance with the development olders referred to in paragraph I.
above. MDnroe County agrees to process promptly upon submit1a\ Osborne's application
Cot' building permit for construction of a 35,200 sq. ft. mini-stotage 'Wlllllhouse in ROGO
Year J:.i! (July 14.2003, through July 13. 20(4).
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S. In accordance with the devoIopment order referred to in paragraph 2,
ahove. Monroe County agrees to procClIS promptly upon.lubminal Conch Contradtl's
application for building permit for IlOIIStruc:tion of one 7,500 square foot res1IIUrant. to
relocate an existing lIewagc treatment facility. and to kx:ale a shared driveway, in ROOO
Year II (Iuly 14,2002, through Iu1y 13,2003).
6. Except all expn:ssly provided herein, Osbome and C'.onc:b Contrada, L.C.,
Monroe County and PaskaIik, waive any c:1aim that each allSerted or was capable of
llliscnilli in this cause and each shall bear its own attorney's fees and costs of thia
prococding. In particular, and without Umil8tioo, Osborne lIIId Conc:h Contrada. L.C., on
behalf of themselves. their members, bclIcficlaries and any other8 claiming by or through
theln. waive ..It oIaittuI for damages and compensation for denial of due proc:ess and
in\.llts,: condemnalion (also referred to as ccgulatory or tcmponuy laking) arising from
the County's actions and regulations prior 10 the date of this Settlement Agteement.
7. The Plaintiffs Osbome and Conch Cootrada, L.C. will rrepan: 811d submit
to the Court a "Nolice of Voluntary DilIInissal With Prejudicc" of their present claims
again5't the Defendants.
8. All parties acknowledge that this agreement is drteted into for the purpose
of NCltling pcndins litigation and does nol constitute an admission or evidence \hat any
actiODlI of Monroe: CoUllI)' or ita employees that Plaintiffa complain of were unlawful,
unconlltitulional or deprived Plaintiffil or any others of any rights y.
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IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
Plain1ifJ7Petitioners,
Case No. CA-K-Ol-108
v.
MONROE COUNTY, a political.
subdivisioIl of the State of Florida;
and 10SEPH PASKALIK. in his official
capacity as Building Official,
DefendantlRespondents
I
AMENDED SRTIT .RMRNT AGREEMENT
Plaiintiffs RICHARD M. OSBORNE, as Trustee ("Osborne"), and CONCH
CONTRAlJA, L.C., a Florida Limited Liability Company ("Conch Contrlda"), and Defendants,
MONROE COUNTY, a political subdivision of the State of Florida ("Monroe County"), and
JOSEPH PASKALIK, in his official capacity as Building Official ("Paskalilt"), previously
resolved their difl'erences which gave rise to the above-styled action, wheIein the parties agn:ed
to settle tbJ, matter between them upon the tams and conditions recited in the Settlement
Agreement dated July 17, 2002, hereinafter "Original Sctt1ement Agreement," attaChed hereto as
Exhibit "A".
1. The major conditional use granted to Osborne to construct a 35,200 square foot
mini-storage warehouse with 84 parking spaces plus 4 handicap spaces during
ROOD Year 12, through the Original Settlement Agreement, shall be amended to
allow an alternate use con listing of construction of25,120 square foot credit
union, banking or financial institution office facility requiring 74 parking spaces,
plus 4 bandicap parking spaces during ROOD Yell 14.
EXHIBIT
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2. Notwithstanding anything in any of the development orders referred to in the
Original Settlement Agreemeut, or any other pro,vision of the Comprehensive
Plan or Ordinances of Monroe County, DO building permit shall be denied to
Osborne on the basis ofMomoe County's regulations relating to non-residential
rate of growth or the adoption (or lack of adoption) of a nonresidential permit
allocation system or its equivalent, including, but not limited to, the regulations
set forth in Monroe County Comprehensive Plan Policies 101.3.1 through
101.3.5, and Monroe County Ordinance No. 032.2001.
3. In accordance with the development orders refCII cd to in paragraph I of the
original Settlement Agreement, Monroe County agrees to process promptly upon
submittal the application for building permit by Osborne or his asigns for
construction of mini-storage warehouse per the Original Settlement Agreement
during ROOO Year 12 or the alternative 25,120 sq. ft. credit union, banking or
financial inatitution office fiu:ility in ROOO Year 14 (July 14,2005, through July
13,2006).
4. Except a expressly provided herein, Osborne and Monroe County and Paskalik,
waive any claim that each userted or wu capable of asserting in this cause and
each shall bear its own attorney's fees and costs of this proceeding. In particular,
and without limitation. Osborne, on behalf of itself, their heirs, SUCCflStlrs,
beneficiaries and any others claiming by or through them, waive all claims for
damages and compensation for denial of due proceu and inverse condemnation
(also referred to as regulatory or temporary taking) arising from the County's
actions and regulations prior to the date of this Amended Settlement Agreement.
5. PlaintiffOsbome, in cooperation with Monroe County, will prepare and submit to
the Court ple-rli'18' or notice required to address. the Amended Settlement
Agreement.
6. All parties acknowledge that the Original Settlement A'greement was entered into
for the purpose of settIill8 pending litigation Ind that this Amended Settlement
Agreement does not constitute an admission or evidence that any actions of
Monroe County or its employees that Plaintiffs Complain of_ unlawful,
unconstitutional or deprived Plaintiffs or any others of any rights or property.
7. All other terms of the Original Settlement Agreement dated July 17,2002, shall
remain in full force Ind effect.
8. A County Code Enforcement lien currendy encumbers the property. This lien
will be addressed in a separate agreement between Osborne and the County.
9. This Amended Apeement sbaII not be valid and binding upon the parties
until approved by the Court and incorporated into an Amended Final Judgment
entered by the Court in these proceedings.
10. Until this Amended Settlement Agreement baa been approved by the Court
pursuant to parasraph 9 above, the Original Settlement Agreement and Judgment
previously entered and unmodified shall remain in full force Ind effect.
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:-1fi.;. );J ~J.~)
Dhie S . Mayor
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~ RICHARD.~ OS80RNEiZTrastee
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Printed Name ofWltli...
IN THE CIRCUIT COURT OF THE SIXTEENTIl ruDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARI) M. OSBORNE, .. Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
PIaiJttiff1Petitioners,
Case No. CA-K-OI-I08
v.
MONROE COUNTY, a politic:al
adxIiYiIioD of tile State ofF1orida;
and JOSEPH PASKALIK, in his official
capacity as Building Official,
DefendantlResponclent1
I
SECOND AMENDED SRTTI.RMRNT Af'",RRRMRNT
PIIIintiftlI RICHARD M. OSBORNE, .. Trustee ("Osborne"), and CONCH CONTRADA,
L.C., a Florida Limited Liability CompIIIly ("Conch Conttacla"), and DeIinIants, MONROE
COUNTY, a politica1llUbdiviaion of the State of Florida (.Monroe Collll1y.), and JOSEPH
P ASKALIK, in hia ofIlciaI capacity .. Building Official ("PaskaIik"), previouIIy rmoIved their
dift'erencel which gave rise to the above-styIed action, wherein the parties aareed to settle the
matter beliween them upon the terms and conditions recited in the Settlement Agreement dated
July 17, 2002, hereinafter "Original Settlement Agreement.. stt""""" hereto .. ExIu"bit "A". On
March 19, 2003, the Bosrd of County CommissiooerB of Monroe COUDty approved the Amended
Settlement ^8t,*nent, bereiDafter "Amended Settlement Agreement" ..~ hereto .. Exhibit
"B",
The parties lIlJRllI to amead the (omMNIed) settlemtIIlt ll8leement .. fuIlows:
I. The Keys Federa1 Credit Union, as succeuor in interest to Osborne, has received
through the Amended Settlement Asr-ent Major Conditioaal UlIe Approval to
EXHIBIT
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construct a 25, 120 square foot crecIit union, banking or fin.n...;,! iDstitutian office
facility requiring 74 parking spaces plus 4 handicap parlriDg spaces during ROOD
r_lS.
2. Notwithomoouii"8 anytbing in any of the development orders .d"....d to in tbe
Original or Amended Settlement Agreement, or any other provision of tbe
ComprebaIsive Plan or Ordinan<:es of Monroe County, DO building permit shall be
denied to Osborne on the basis of Monroe County's regulations rdating to non-
reeidentiaI rate of growth or the adoption (or lack of adoption) of a nom etidentiaI
permit allocation system or its equivalent, including, but not limited to, the
resuJuions set tbtth in Monroe County ConIprehenIive Piau Po&ies 101.3.1
through 101.3.5, and Monroe County Ordinance No. 032-2001.
3. tn ac:cordance with the development orders ..6.,..d to in parlI8r8ph 1 oftbe
Orisinal Settlement Agreement, Molll'Oll County agrees to process promptly upon
submittal the application for building permit by Osborne or his UIigns for
construction of mini-storage WIIIllbouse per the Orisinal Settlement Agreement
during ROGO Year 12 or the altcmative 25,120 Ill. ft. credit \Don, .....1ri"8 or
financial institution office flwility in ROGO Y_15 (July 14, 2006, through July
13, 2007).
4. Except as expressly provided herein, Osborne and Monroe County and PaskaIik,
wmve any daim that each auerted or wu capeble of auertins in this _ and
each shall bear its own attorney's fees and costs of this proceeding. In partic:ular,
and without limitlltion, Oabome, on behalf of i~ thtir heirs, sualeslon,
beneficiaries and any others daiming by or through them, waive aD claims for
damages and c:ompeasatioo for denW of due process and inverse condemnation
(also refer:red to as rll8"Iett>ry or temporary taking)msing from the COUlIty's
actions and regulatioos prior to the date oftbis AIIIended Settlement Agr--
S. PIaiDtiIf Osborne, in cooperation with Monroe County, will prepare and submit to
the Court pJesul",&" or ootice required to address the Amendod Settlement
Agreement.
6. AD parties acknowledge tII8t the Original Settlement Agreement was entered into
for the purpose of settling pending litigation and tII8t this Amendod Settlement
7.
Agreement does not ronstitute an admission or evidence tII8t lIIIY actions of
Monroe County or its employees that Plaintifti Complain ofwere ~ i
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lIDCOlIIliIu1iona1 or deprived PtaintilJs or any others of any rights or J"~ N
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AD other terms of the Original Settlement Agreement dated July 17, 20~~ ~
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This Secood Amended ~ shall not be valid and bincIins upon ul" putieB
remain in full force and effect.
8.
UDIil approved by the Court and incorporUed into an Amended FIIIlI1 Judgment
entered by the Court in these proceedinp.
9. Until this Second AJ11ended Settlement Asteement has been approved by the Court
. ." . punuant to Paragraph 8 above, the 0rigina1 Sett\emeut Agreemeot and Judgmmt
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MONROE COUNTY BtJILDING OFFICIAL
By: ~0?1 e~JJ
. Joseph Pasb\ik
KEYS FEDERAL CREDIT UNION as
Successor and Interest to RICHARD OSBORNE
By~
COUNTY ATTORNEY
FO
AII{I!I'!V ~ L lJER, JR.
!lilt- - . 'F' ATTOIlNEv
IN TIlE CIRCUIT COUR.T OF TIlE SIXI'EENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M OSBORNE, as TnIstee;
and CONCH CONTRADA, L.C., a
Florida Limited LiIbiIity Compeny,
PIaintift7Petit
Case No. CA-K-OI-I08
v.
MONROE COUNTY, a political
IUbdivisiclll oftbe Stele of Florida;
and JOSEPH PASKALIK, in his official
capIICity IUI Building Official,
DetendantJRespondents
I
TI:IIRD AMENDED SET'T1.RMRNT AC'dlRRMRNT AS TO CONCH CONTRADA. L C.
P1aintift'CONCH CONTRADA, L.C., a Florida UmitecI UabiIity Company ("Conch
Contrada"), and DeferxIants, MONROE COUNTY, a poIitil:8lllllbdivilion of the State of Florida
("MOIlI'llt, County"), and JOSEPH P ASKALIK, in his official capeeity as Buildios Official
(.Pub1i1["), (co1lectively, the "Parties"), prmous1y resolved their ditre. __ whic:h gave rise to
the above-styled action, wherein the parties aareecI to settle the matter between tbem upon the
terms and conditions recited in plID8f8phs2, 3, and S in the Settlement AsJeement dated July 17,
2002, hereinafter .Original Settlement Agreemem, " sttachecI hereto as ExhIbit . A.. The
SettlemeJltt Agreemant was prmously ameoded to provide for a c:hmge in the conditional UIe and
to eIdend the time period for building permit eppIication and construction of the lIpprOved
conditiOlllll use.
I. The plII'ties lIllI'll8 to SIIIlIIId the (second) AmancIecI Settl.-t ~ ..
foHows:
a. I'arlfJraph S is amended to now read:
EXHIBIT
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Conch Contnlda agrees to submit an application for Amended Conditional
Use Order that reflects the intended change in use, should Conch Contrada
decide to develop the subject property with an aItemative use(s). Upon
approval of the Amellded Conditional Use Order by the P1anning Director,
and in accordance with the development orden .ef'eaed to in Paragraph 2
of the Original Settlement Asreement. Momoe COWIty agrees to process
promptly upon submittal the appHcation for building pennit by Conch
Contrada or its usigns for COIIItrW:tion of one 7.S00 square foot
restaurant, or III an a1temaIive, a 7,SOO IIqUII'e foot medium-intensity,
mixed use, retail anellor offic6Iprofilslional use flIcility in ROGO r_lS
(1uly 14, 2006 -1uly 13,2007).
2. The partie8 further IJI'Iled that no provision in thi8 aweement shall exempt PlaintIff
Conch Contrada LC from any requirements imposed by statute ancIIor ordinance to
collllllCt to a central sewaae 8ystem whclI one becomes "available" III that term is
defined by statute ancIIor ordinance.
3. Plaintiff Conch Contrada, in cooperation with Mooroe COWIty, wiD prepare and
submit to the Court pla1dins8 or notice required to addreu the Amended
Settlement Asreement. Conch Contrada shall pay any COltS ineurred III a re8Ult of
filing this Second Amended Settlement Agreement and any associated plelding8 or
notices with the exception that each party shall bear its own attorney's fees.
4. All parties acknowledge that the original agreement was entered into for the
purpose of settling P"""'ll8litigation and that this Second Amended Settlement
Asreement does not coD8titute an admillllion or evidence that any actiOll8 of
Monroe County or its employees that PlaintiffS Complain ofwere unlawful,
unconstitutional. or deprived Plaintiffs or any others of any rigbts or property.
5. All other terms of tho 8eltIoment Agroomont datod 1u1y 17, 2002, and the (first)
Amondod Settlement agreement which was approvod by the Board on or about
Msy 21, 2003, and tho Socond Amended Sottloment AaoOOlllOllt which was
approvod by tho Board on or about January 19, 2005, ospocially as it pertains to
Conch ContrIda, L.C., shall remain in full force and effect.
6. This Amended Agreement shall not be valid and bindins upon tho panics until
approvod by the Court and incorporated into a Third Amended Final Judgment
7.
ontorod by the Court in those procoodings. I:iI
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Judgment previously entered, and any lllJbsequont approved ~~;
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modifications shall remain in full force and effect.
BOARD OF CO
MMlSSlONERS
Chadcs McCoy,
Monroe County
MONROE COUNTY BLDG. OFFICIAL
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, Cindy Sawyer
Printed NlllWl DfWitness
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