07/17/2002 Agreement
IN THE CIRCUIT COURT OF TIlE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.c., a
Florida Limited Liability Company,
Plai nti ffs/ Petitioners,
Case No. CAK-OI-I08
v.
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MONROE COUNTY, a political
subdi vision of the State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
Defendant/ Respondents.
SETTLEMENT AGREEMENT
Plaintiffs RICHARD M. OSBORNE, as Trustee ("Osborne"), and CONCH
CONTRADA, L.e., a Florida Limited Liability Company ("Conch Contrada"), and
Defendants, !\10NROE COUNTY, a political subdivision of the State of Florida
("Monroe County"), and JOSEPH P ASKALlK, in his official capacity as Building
OtIieial ("Paskalik"), having amicably resolved their differences which gave risc to this
action, hereby agree to settle this matter between them upon the following terms and
conditions:
1. As to Osborne, Monroe County agrees: a) that a Major Conditional Use to
construct a 35200 sq. ft. mini-storage warehouse has been approved, with conditions, by
Monroe County PImming Commission on January 27, 1997, under Resolution No. P3-97,
recorded at 0 R. Book 1446, pages 2205 - 2207; b) that a variance with regard to o1'f-
street parking, reducing the number ot'required parking spaces from 3.0 to 2.5 per LOOO
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sq. ft. of floor area for the proposed mini-storage warehouse was granted by the Monroe
County Planning Commission on January 17, 1997, under Resolutioo No. P2-97: and, c)
that both development orders are presently valid and in full force and effect.
2. As to Conch Contrada, L.c., Monroe County agrees: a) that a Minor
Conditional Use Development Order No. 5-99 to construct one 7,500 square toot
restaurant, to relocate an existing sewage treatment facility, and to locate a shared
driveway, was approved, with conditions, by the Planning Director of Monroe County on
August 4, 2000, recorded in OR Book 1654, pages 1591-1595; and, b) that this
development order is presently valid and in full force and effect.
3. Notwithstanding anything in any ofthe development orders referred to in
paragraphs or 2, above (ancl, specifically Condition No. 1 in Conditional Use
Development Order No. 5-99), or any other provision of the Comprehensive Plan or
Ordinances of Monroe County, no building pel1uit shall be denied to either Osborne or
Conch Contrada, L.C., on the basis of Momoe County's regulations relating to non-
residential rate of grovvth 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"
4. In accordance with the development orders referred to in paragraph 1,
above, Monroe County agrees to process promptly upon submittal Osborne's application
for building permit for construction of a 35,200 sq. fL mini-storage warehouse in ROGO
Year 12 (July 14,2003, through July 13,20(4).
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5. In accordance with the development ordcr referred to in paragraph 2,
ahove, Monroe County agrees to process promptly upon submittal Conch Contrada's
application for building permit for construction of one 7,500 square foot restaurant, to
relocate an existing sewage treatment facility, and to locate a shared driveway, in ROGO
Year 11 (July 14,2002, through July 13,2003),
6. Except as expressly provided herein, Osborne and Conch Contrada, L.e.,
Monroe County and Paskalik, ,vaive any claim that cach asserted or was capable of
asserting in this cause and each shall hear its o\vn attorney's fees and costs of this
proceeding. In particular, and without limitation, Osborne and Conch Contrada, L.e., on
behalf of themselves, their members, beneficiaries and any others claiming by or through
them, waive all claims for damages and compensation for denial of due process 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 Settlement Agreement.
7. The Plaintiffs Osborne and Conch Contrada, L.e. will prepare and submit
to the Court a "Notice of Voluntary Dismissal With Prejudice" of their present claims
against the Defendants,
8. All parties acknowledge that this agreement is entered into for the purpose
of settling pending litigation and does not constilute an admission or evidence that any
actions of Monroe County or its employees that Plaintiffs complain of were unlawful,
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unconstitutional or deprived Plaintiffs or any others of any rights 0
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Charles "Sonny"
Monroe County
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/Josep}{Paskalik, ~s Building Official
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APPr~ sufficiency
By:
Mark S. Ulmer, Esq.
Special Counsel to Monroe County
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