8th Amendment 03/18/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 1, 2009
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Hanc~.
A TTN:
At the March 18, 2009, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the Eighth Amendment to Settlement Agreement in
Richard M. Osborne & Conch Contrada, LC v. Monroe County & Joe Paskalik, CA K 01-108.
Enclosed are two duplicate originals of the above-mentioned for your handling. Should
you have any questions please feel free to contact our 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,
Plaintiff/Petitioners,
Case No. CA-K-01-108
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
/
EIGHTH AMENDED SETTLEMENT AGREEMENT AS TO
KEYS 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, and Defendants, MONROE COUNTY, a political subdivision
of the State of Florida ("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, 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 hereto as
Exhibit "C".
d. The Third Amended Settlement Agreement as to Conch Contrada, L.C. dated May 16,
2006, attached hereto 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 hereto as Exhibit
"E" .
f. The Fifth Amended Settlement Agreement as to Conch Contrada, L.C. dated February
21, 2007, attached hereto as Exhibit "F".
g. The Sixth Amended Settlement Agreement as to Keys Federal Credit Union, as
Successor in Interest to Richard M. Osborne, attached hereto as Exhibit "G".
h. The Seventh Amended Settlement Agreement as to Conch Contrada, L.C., attached
hereto as Exhibit "R".
1. The parties hereby agree to amend the Sixth 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 Sixth 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 18 (ending July
13,2010).
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 RaGa Year 13 or the alternative 25,120 sq.
ft. credit union, banking or financial institution office facility in RaGa
Year 18 (July 14,2009 through July 13, 2010).
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, Fifth Amended Settlement Agreement as to Conch Contrada,
L.C., Sixth Amended Settlement Agreement as to Keys Federal Credit
Union as Successor in Interest to Richard M. Osborne, and Seventh
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 Eighth 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 Eighth 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
modification shall remain in full force and effect.
ATTEST:
DANNY L. KOLHAGE
CLERK:
BOARD OF COUNTY COMMISSIONERS
OF MONR E COUNTY
BY:(]~
",
Deputy Clerk
~ ~.
George Neugent, Mayor
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Sign tur:::t:ess
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re of Witness
MONROE COUNTY BLi,DING
OFFICIAL
BY:~~~
J eph askahk
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
Sigga re of - eSiJ~
tIt,abi:l1. 'T
Printed Name of Witness
By: #7- LU7'v-
Rbbert Watson, President/CEO
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