6th Amendment 06/18/2008
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 7, 2008
TO:
Suzanne A. Hutton
County Attorney
ATTN:
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Hanc~
Deputy Clerk LJ?
At the June 18, 2008, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the Sixth Amended Settlement Agreement in Richard M.
Osborne & Conch Contrada LC v. Monroe County & Joseph Paskalik, Case No. CA K 01-108.
Enclosed are two duplicate originals 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,
PlaintifilPetitioners,
Case No. CA-K-Ol-108
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
I>efendanv1tespondents
/
SIX1H AMENI>EI> SETTLEMENT AGREEMENT AS TO
KEYS FEI>ERAL CREI>IT UNION. AS SUCCESSOR IN INTEREST
TO RICHARD M. OSBORNE
Plaintiff KEYS FEI>ERAL CREI>IT UNION ("Credit Union"), as successor in interest to
Richard M. Osborne, Trustee, and, and I>efendants, MONROE COUNTY, a political subdivision
of the State of Florida ("Monroe County"), and JOSEPH PASKALIK, 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 Union succeeding Osborne
according to the rights and duties contained in:
a. The Settlement Agreement dated July 17, 2002, hereafter "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".
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d. The Third Amended Settlement Agreement as to Conch Contrada, L.c. dated May 16,
2006 attached as Exhibit "D".
e. The Fourth Amended Settlement Agreement as to Keys Federal Credit Union dated
February 21,2007, as Successor in Interest to Richard M. Osborne attached as Exhibit "E".
f The Fifth Amended Settlement Agreement as to Conch Contrada, L.C. dated February
21,2007, attached hereto as Exhibit "F".
I. The parties hereby agree to amend the Fourth Amended Settlement Agreement as to
Keys Federal Credit Union as Successor in Interest to Richard M. Osborne as follows:
a. Paragraph 1 is hereby amended to read:
1. The Keys Federal Credit Union, as successor in interest to Osborne,
has received through the Fourth Amended Settlement Agreement Ml\ior
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 17 (ending July 13,
2009).
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 17 (July 14, 2008 through July 13, 2009).
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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, Third Amended Settlement Agreement as
to Conch Contrada, LC., Fourth Amended Settlement Agreement as to
Keys Federal Credit Union as Successor in Interest to Richard M. Osborne,
and Fifth 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 Sixth 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 Sixth 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
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unmodified, and any subsequent approved amendments or modification
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BOARD OF COUNTY COMMIS 10
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Mario Di Gennaro, Mayor
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MONROE COUNTY BUILDING
OFFICIAL
BY~~Y
seph Paskalik
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
By:;t?L:r ~ LJe
I President/CEO
OBERT B. SHILL! R, JR.
CHIEF ASSISTA.I~Il:_C~TY ATTORNEY
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