9th Amendment 09/15/2010DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: October 29, 2010
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy M. Peters
Executive Assistant
FROM: Pamela G. Hanc�&C.
At the September 15, 2010, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Ninth Amended Settlement Agreement in Case No. CAK
01-108, Richard M. Osborne, Trustee & Conch Contrada, L.C. v. Monroe County, et al.
Enclosed is the original Settlement Agreement for your handling. Should you have any
questions, please feel free to contact this office.
cc: Finance
File
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M.SBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
Plaintiff/Petitioners, Case No. CA-K-0I-108
V.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
NINTH 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 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 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 "H".
i. The Eighth Amended Settlement Agreement as to Keys Federal Credit Union, as
Successor in Interest to Richard M. Osborne, attached hereto as Exhibit "I".
l . The parties hereby agree to amend the Eighth 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:
The Keys Federal Credit Union, as successor in interest to
Osborne, has received through the Eighth 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 19 (ending July
13, 2011).
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 13 or the alternative 25,120 sq.
ft. credit union, banking or financial institution office facility in ROGO
Year 19 (July 14, 2009 through July 13, 2011).
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, Seventh Amended
Settlement Agreement as to Conch Contrada, L.C., and Eighth Amended
Settlement Agreement as to Keys Federal Credit Union, as Successor in
Interest to Richard M. Osborne, shall remain in full force and effect.
d. Paragraph 8 is hereby amended to read:
8. This Ninth 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 Ninth 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.
)LHAGE
By.
Deputy Clerk
Signature of Witness
Signature of Witness
ignature of itness
Scarr�)VS-,2yA ,5A<i
Pri>pO Nana6 of Witness
of Witness
Printed Name of Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
Mu Mayor
Sylvia Mu y,
MONROE COUNTY BUILDING
OFFICIAL
By: _
seph askalik
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
,�—
n�u+ D EljuwTw!S, President/CEO
MONRO OU ATTORNEY
A P O AS O FOR
'IROBEthT B. SHILLINGER, JR.
CHIEF ASggI$TA T OUNTY ATTORNEY
Dater I� ��,
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 PASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
ORDER APPROVING
NINTH AMENDED SETTLEMENT AGREEMENT AS TO KEYS
FEDERAL CREDIT UNION, AS SUCCESSOR IN INTEREST TO RICHARD M. OSBORNE
THIS MATTER was considered, and the Court having reviewed the Ninth Amended
Settlement Agreement entered into by the parties and finding same to be acceptable, it is
ADJUDGED that the Ninth Amended Settlement Agreement is approved. The Court
shall retain jurisdiction over the parties to enforce the terms of the Agreement contained therein.
DONE AND ORDERED at Key West, Monroe County, Florida this day of
.2010.
CIRCUIT JUDGE
c: County Attorney
Adele V. Stones