10th Amendment 10/19/2011DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: October 27. 2011
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy M. Peters
Executive Assistant
FROM: Isabel C DeSantis, D.C.
At the October 19, 2011, Board of County Commissioner's meeting, the Board granted
approval of the following:
Item S5 Tenth Amended Settlement Agreement in Richard M. Osborne, Trustee & Conc
Contrada, L. C. v. Monroe County, et al., Case No. CAK 01 -108. h
Attached are one fully- executed original and a duplicate copy of the
handling. Should you have any questions, please feel free to contact this office ocument for your
cc: Finance /
File �/
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL COPY
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee;
and CONCH CON'TRADA, L.C., a
Florida Limited Liability Company,
Plaintiff/Petitioners,
V .
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
Case No. CA -K -01 -108
TENTH AMENDED SETTLEMENT AGREEMENT AS TO
KEYS FEDERAL CREDIT UNION AS SUCCESSOR IN INTEREST
TO RICHARD M OSBORNE
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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 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 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 ".
C. 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 ".
j. The Ninth Amended Settlement Agreement as to Keys Federal Credit Union, as
Successor in Interest to Richard M. Osbome, attached hereto as Exhibit "J ".
1. The parties hereby agree to amend the Ninth 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 Ninth 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 20 (July 14, 2011 through July 13, 2012).
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., Eighth Amended
Settlement Agreement as to Keys Federal Credit Union, as Successor in
Interest to Richard M. Osborne, and Ninth 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 Tenth 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 proceed*ngs.
e• Paragraph 9 is hereby amended to read:
9. Until this Tenth 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. KOLAAGE
CLERK:
ME
Mi
S` tore of�fness
Signature of Wifness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
L
Mayor
MONROE COUNTY BUILDING
OFFICIAL
B y : �G��� =�`
s h Paskalik
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
Signature of Wi
�.J Scott Duty" President/CEO
Printed Name of Witness
Signature of Witness
,.f
Printed Name of Witness
MONROE UOI)N� j A TgANOY
3H1L�LINGER, JR.
,T nnuNTY ATTORNEY
CHIEF
Oats:
IN THE CIRCUIT COURT OF THE SD(TEENTH 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
TENTH 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 Tenth Amended
Settlement Agreement entered into by the parties and finding same to be acceptable, it is
ADJUDGED that the Tenth 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
, 2011.
CIRCUIT JUDGE
c: County Attorney
Adele V. Stones