Item S5* REVISED BACKUP *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/19/2011 Division: County Attorney
Bulk Item: Yes XX No Staff Contact Person: Bob Shillinger x 3470
AGENDA ITEM WORDING:
Authorization to execute Tenth Amended Settlement Agreement in Case No. CAK 01-108, Richard M.
Osborne, Trustee & Conch Contrada, L.C. v. Monroe County, et al.
ITEM BACKGROUND:
The Ninth Amended Settlement Agreement and Order Approving same was entered 11/13/10. The
proposed Tenth Amended Settlement Agreement is amended as follows: Paragraph 1: The Keys
Federal Credit Union ("KFCU") as successor in interest to Richard M. Osborne has received Major
Conditional Use Approval to construct a 25,120 sq. ft. credit union, banking or financial institution
office facility requiring 74 parking spaces plus 4 handicap parking spaces during ROGO Year 20
(ending July 13, 2012). Paragraph 2: Per the development orders in ¶ 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 alternatively a 25,120 sq-ft. credit union, banking or financial
institution office facility in ROGO Year 20 (July 14, 2011 through July 13, 2012).
PREVIOUS RELEVANT BOCC ACTION: In July, 2002, the BOCC approved a Settlement Agreement
with both Osborne and Conch Contrada, settling an inverse condemnation case by authorizing specified development
on two properties fronting US Hwy 1 on Stock Island.
The original Settlement Agreement has been modified over time, via Stipulation, to amend the Conditional Use
Order.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: -0- BUDGETED: Yes _ No _
COST TO COUNTY: -0- SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM # S-5
* Revised Backup *
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-0I-108
kfm
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
TENTH 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 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".
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
"Ell
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. Osborne, 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 proceedings.
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. KOLHAGE
CLERK:
Deputy Clerk
Signature of Witness
Signature of Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
am
Heather Carruthers, Mayor
MONROE COUNTY BUILDING
OFFICIAL
By:
Joseph Paskalik
Signature of Witness
Printed Name of Witness
Signature of Witness
Printed Name of Witness
NLY
t tONHO LUUNTYI AT-e
M:
APP 9 IN
SHILt_IN R, JR.
.1-r nnUNTY ATTORNEY
Date:
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
Scott Duzinski, President/CEO
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-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
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
IN THE CIRCUIT COURT OF TIIE SIX7TEENTI1 JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee,
and CONCH CODA, L.C., a
Florida Limited Lia ility Company,
Plaintiffs/ Petitioners,
V.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALIK, in his official
capacity as Building Official,
Defendant/ Respondents,
1.
Docb 17379M
Bkp 2408 PoN 557
Case No. CAK 01-108
'SETTLEMENT AGREEMENT
73
Plaintiffs RICHARD M. OSBORNE, as Trustee ("Osborne"), and CONCH
CONTRADA, L.C., a Florida Limited liability Company ("Conch Contrada"), and
Defendants, NIONROB COLJNTY, a political subdivision of the State of Florida
("Monroe County"), and J(,SEP11 PASKALIK, in his official capacity as Building
Official ("Paskalik"), having "cably resolved their differences which gave rise to this
action, hereby agree to settle this matter between them upon the following ternis and
I
conditions:
l . As to Osborne, !Monroe County agrees: a) that a Major Conditional Uso to
construct a 35,200 sq. & mini storage warehouse has: been! approved, with conditions, by
Monroe County Planning Comfnission on January 27, 19p, under Resolution No. i'3-97,
recorded at 0. R. Book 1446, pages 2205 - 2207; b) that a variance with regard to off-
street parking, reducing the nu nber or required parking spaces from 1.0 to 2.5 per 1,000
w
Exhibit "A"
sq. it. of floor area for the proposed mini -storage warehouse was granted by the Monroe
County Planning Commission on .lanuary 17, 1997, under Resolution No. P2-97; and, c)
that both development orders are presently valid and in full force and effect.
W 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 foot
IL
o►
restaurant, to relocate an existing sewage treatment. facility, and to locate a shared
N
driveway, was approved, with conditions, by the Planning Director of Monroe County on
cm
August 4, 2000, recorded in OR Rook 1654, pages 1591-1595; and, b) that this
development order is presently, valid and in full force and effect.
3. Notwithstanding anything in any of the development orders referred to in
paragraphs 1 or 2, above (and, 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 permit shall be denied to either Osborne or
Conch Contrada, L.C., on the basis of Monroe County's regulations relating to non-
residential rate of growth or the adoption (or lack of adoption) of a nonresidential permit
allocation system or its equivalint, including, but not limited to, the regulations set forth
in Monroe County Comprchen�ive Plan Policies 101.3.1 through 101.31r5, and Monroe
(County Ordinance No. 032-20d
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 constriction of a 35,200 sq. ft. mini -storage warehouse in ROGO
Year 12 (July 14, 2003, through July 13, 2004).
I
s
0
Sm
5. In accordance with the development order referred to in paragraph 2,
above, 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
CDrelocate an existing sewage treatment facility, and to locate a shared driveway, in ROGO
In
In Year I I (July 14, �2002, through July 13, 2003).
a
a.
6. Except as expressly provided herein, Osborne and Conch Contrada, L.C.,
0 co
r- a 9
a Monroe County and Paskaiik, waive any claim that each asserted or was capable of
o .e
coo
asserting in this cause and each shall bear its own attorney's fees and costs of this
proceeding. In particular, and without limitation, Osborne and Conch Contrada, L.C., 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.C. 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 constitute an admission or evidence that any
actions of Monroe County or its employees that Plaintiffs complain of were, unlawful,
unconstitutional or deprived Plaintiffs or any others of any rights o per
Witness Charles' onny" cCoy, Mayor of
i Monroe County
Dated O -7
(Print Name of Witness)
K
m
in
fitness -•
r �
(Print Na of Witness)
.ter,•. . ,
Witnes
(Print Name of Witness)
Witness
_ I\10)tt SIC°.��,;i
(Print Name of Witness)
Approved to legal sufficiency
By:
Mark S. Ulmer, Esq. —'—
Special counsel to Monroe County
4
4JOseph~Paskalik, as Building Official
For Monroe County
Dated
Kichard'M.- Osborne, Trustcc
Conch di, L.C.
Dated
Doen 1737990
Bkp 2408 Pop 561
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,
Plaindspetitioners, Case No. CA-K-01-108
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKAIX in his official
capacity as Building Official,
DefhWantiRespondeats
Plaintiffs RICHARD M. OSBORNE, as Trustee ("Osborne"), and CONCH
CONTRADA, L.C., a Florida Limited Liability Company ("Conch C _ '), and Defendauta,
MONROE COUNTY, a political subdivision of the State of Florida ("Monroe County"), and
JOSEPH PASKALIK, in his official capacity as Building Official ("Paskalik"), previously
resolved their differences which gave rise to the above -styled action, wherein the parties apted.
to settle the Mahar between them upon the terms and conditions recited in the Settlement
Agreement dated July 17, 2002, hereinafter "Original Settlement Agreement," attached hereto as
exhibit "A".
1. The major conditional use granted to Osborne to construct a 35,200 square foot
mini -storage warehouse with 84 parking spaces plus 4 handicap spaces during
ROGO Year 12, through the Original Settlement Agreement, shall be amended to
allow an alternate use con 4isting of construction of 25,120 square foot credit
union, banldng or financial institution office facility requiting 74 parking spaces,
plus 4 handicap parking spaces during ROGO Year 14.
Exhibit "B", w/o exhibits
DocV 1737990
Bkii 2408 PqN 362
2. Notwithstanding anything in any of the development orders referred to in the
Original Settlement Agreement, or any other provision of the Comprehensive
Plan or Ordinances of Monroe County, no building permit shaU be denied to
Osborne on the basis of Monme County's regulations relating to noon -residential
rage of growth 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.
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 stontge warehouse per the Original Settlement Agreement
during R000 Year 12 or the alternative 25,120 sq. ft. credit union, banking or
financial institution office facility in ROGO Year 14 (July 14, 2005, through July
13, 2006).
4. Except as expressly provided herein, Osborne and Monroe County and Paskalik,
waive any claim that each asserted or was capable of asserting in this cause and
each shall bear its own attorney's fees and costs of this proceeding. In particular,
and without limitation. Osborne, on behalf of itseK their heirs, successors,
beneficiaries and any others claiming by or through them, waive all claims for
damages and compensation for denial of due process and inverse eondefnoadon
(also referred to as regulatory or temporary taking) arising from the County's
actions and regulations prior to the date of this Amended Settlement Agreement.
Doeq 1737990
8kp 2408 P90 363
S. Plaintiff Osborne, in cooperation with Monroe County, will prepare and submit to
the Court pleadings or notice required to address the Amended Settlement
Agreement.
6. All parties acimowiedge that the Original Settlement Agreement was entered into
for the purpose of settling pending litigation and that this Amended Settlement
Agreement does not constitute an admission or evidence that any actions of
Monroe County or its employees that Plaintiffs Complain of were unlawfhl,
unconstitutional or deprived Plaintiffs or any others of any rights or property.
7. All other terms of the Original Settlement Agreement dated July 17, 2002, shall
remain in till force and effect.
8. A County Code Enforcement lien currently encumbers the property. This lien
will be addresscd in a separate agreement between Osborne and the County.
9. This Amended Agreement sball not be valid and binding upon the partiea
until approved by the Court and incorporated into an Amended Final Judgment
entered by the Court in these proceedings.
10. Until this Amended Settlement Agreement has been approved by the Court
pursuant to paragraph 9 above, the Original Settlement Agreement and Judgment
previously entered and unmodified shall remain in Rill force and effect.
ATTEST:
DANNY L. KOLHAGE ,
CLERK.
B • • N .
Deputy Cleric
Dated e3 = t 9 -0 S
Sipature of Wltxgsn•
Printed Name of Witaessss
DccN 1737990
Bkp 2406 Pap 564
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
Dwe Speldr, Mayor
MONROE COUNTY B ING OFFICIAL
By. Joseph Push &
RICHARD. M. OSBORNE, Trustee
By.
-Ail* r- gloom 09
As -/p- A d0—
Doolt 1737999
Bkp 2408 PSN 563
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, KORIDA
RICHARD M. OSBORNNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Tea Y&y Company,
Plair4opedtioners, Can No. CA1 K-01-108
V.
MONROE COUNTY, a political
subdivison of the State of Plor*
and JOSEPH PASKMZK, in his oBicW
capacityas Budding OPlicK
Deftdaat/Respondents
MGM AMENDED SETTlYWENT A.MHQH�
Plaintiff RICHARD M. OSBORNE, as Trustee ("Osborne"I and'CONCH CONTAADA.
L.C., a Florida Limited Liability Coerptpaay ("Conch Contrada"), and Defe6dants, MONROE
COUNTY, a political subdivision of the State of Florida ("Monroe Couat j►"), and JOSEPH
PASKALIK, in his ofcial aAPadty as Budding Oaicial ("Paslmilk"), previously r+esoh+ed their
I
difibrences which gave rise to the above -styled acdoa, wherein the Pardo O reed to settle the
i
matter between them upw the teems and conditions recited in the Settlement Agreement dated
July 17, 2002, hereinafter "Original Settlement Agreement," attached here o as Exin'bit "A". On
March 19, 2003, the Board of County Cownissioners of Monroe Comity %pproved the Amended
Settlement Agreement, hereinafter "Amended Settlemem Agreement" attached hereto as Exhibit
MB"
The parties agree to amend the (amended) settlement agreement as�follows:
1. The Kays Federal Credit Union, as successor in interest to Osborne, has received
through the Amended settlement Agreement Magor Conditioal Use Approval to
Exhibit "C", w/o exhibits
DaaV 2737990
Bkp 2408 Pep 369
construct a 25,120 square foot credit union, banking or financial institution office
facility requiring 74 ping spaces plus 4 handicap Parldn8 spaces during ROGO
Yoar 15.
2. Notwidisteadmg anything in any of the development at6urefthed to in the
Original or Amended Settlement Agreement, or any other provision of the
Comprehensive Plan or Ordinances of Monroe County, no building permit shall be
denied to Osborne on the basis of Monroe County's regulations relating to non-
residential rate of growth or the adoption (or lack of adoption) of a nonneeideatial
pmmit allocadon "an or its equivalent, including, but not limited to, the
regulations set forth in Monroe County Comprehensive Plan Policies 1013.1
through 101.3.5, and Monroe County Ordinance No. 032-2001.
3. in accordance with the developinew orders ref red to in paragraph 1 of the
Original Settlement Agmemw,% Monroe County agrees, to process promptly upon
submittal the application for building permit by Osborne or his aseigns for
construction of mini -storage warehouse per the Original Settlement Agreement
during ROGO Year 12 or the alternative 259120 sq. ft. credit union, banking or
finandal institution office facility In ROGO Yew 15 (July 14, 2006, through July
13, 2007).
4. Except as expressly provided herein, Osborne and Monroe County and PaskaW
waive any claim th8t each asserted or was capable of asserting in this cause and
each shall bear its own attorneys fees and coats of this, proceeding. In particular,
and without limit don, Osborne, on behalf of Itself; their ham successom
beneficiaries and any others claiming by or through them, waive an claims for
DocM 1737990
Bkq 2408 Pep 567
damages and compensation for denial of due process and inverse condemnation
(also rehrred to as regulatory or temporary taking).arising from the County's
actions and regulstions prior to the date of brie Amended Sadeama Agreement.
S. Plaintiff Osborne, in 000peration with Monroe County, wA prepare and submit to
the Court pleadings or notice required to address the Amended Settlement
6. All parties acknowledge that the Original SeWemerrt Agreement was entered into
for the purpose of settling pending litigation and that this Amended Settlement
Agreement does not constitute an admission or evidam that any actions of
Monroe County or its employees that Plaindith Complain of were unl"
s—
unconstitutional or deprived Plaintift or any others of any rights or
n
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7. All other tarns of the Original Settlement Agrewxmt dated July 17, 20fi 1
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rnrnain in AA force and effect. 4r' =
19
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S. This Second Awarded Agmenwa not be valid and binding upon the parties
shall tr
d
until approved by the Court and incorporated into an Amended Final Judgment
entered by the Court in thm proceedings.
9. Until this Second Amended Settlement Agreement has boon approved by the Court
pursuant to Paragraph 8 above, the Original SdOemem Agreement and Judgrnerrt
"`N_or+evioustY entered and unmodified shall remain in full force and effect.
. r.
A. GE BOARD OF COUNTY
i .. OF MONROE CO
B �C- I
By:
Deputy Crark ChadqAccoy, wyor
DocK 1737990
Bk9 2406 PgN 568
MONROE COUNTY BUILDING OFFICIAL
BY,
Joseph Psalca�c
KEYS FEDERAL CREDIT UNION as
Suoc asor and Iatecast to RICHARD OSBORNE
gnature of Wit3m
Nis
Printed Name of Witness
COUNTY ATTORNEY
ATTORNEY
Data 1737990
Bkp 2408 PgN 369
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORMA
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
Plaintimpatitioners, 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,
Deflmdant/Respondents
plaintiff CONCH CONTRADA, L.C., a Florida Limited Liability Company ("Conch
Contrada"), and Defendants, MONROE COUNTY, a political subdivision of the State of Florida
("Monroe County), and JOSEPH PASKALIK, in his official capacity as Building Official
(Vukdih"), (collectively. the "Pardee" ). previously resolved their dif ewces which gave rise to
the above -styled action, wherein the parties agreed to Battle the matter between them upon the
terms and conditions recited in paragraphs 2, 3, and S in the Settlement Agreement dated July 17,
2002, hereinafter "Original Settlement Agrnemem," attached hereto as Exhibit W. The
Settlement Agroearant was previously amended to provide for a change in the conditional use and
to extend the time pariod for building permit application and construction of the approved
conditional use.
follows:
The parties agree to- 801e0d the (second) Amended Settlement Agreement as
a. Paragraph S Is amended to now read:
Exhibit "A", w/o exhibits
DacN 1737990
Bkq 2408 Pgtt 570
Conch Contrada agrees to submit an application for Amended Conditional
Use Order that reflects the intended change in uses should Conch Contrada
decide to develop the subject property with an alternative use(s). Upon
approval of the Amended Conditional Use Order by the Planning Director,
and in accordance with the development orders referred to in Paragraph 2
of the Original Settlement Agreemmnt, Monroe County agrees to process
promptly upon submittal the application for building permit by Conch
Contra& or Its assigns for construction of one 7,500 square foot
restaurant, or as an shwutive, a 7,500 square foot medium -intensity,
mbeed us% retail and/or office/professional use thcility in ROGO Year IS
(July 14, 2006 - July 13, 2007).
2. The parties lirrther agreed that no provision in this agreement shall exempt Plaintiff
Conch Contrade, LC fom any requirements imposed by statute and/or ordinance to
connect to a cantrai sewage system when one becomes "available" as that term is
defined by statute and/or ordinance.
3. Plaintiff Conch Contmda, in cooperation with Monroe County, will prepare and
submit to the Court pleadings or notice required to address the Amended
Settlement Agreement. Conch Cortrada shall pay any Acosta incurred as a result of
sling this Second Amended Settlement Agreement and any associated pleadings or
notices with the exception that each party shall bear its own attorney's few.
4. All parties acknowledge that the original agreement was entered into for the
purpose of settling pending litigation and that this Second Amended Set smant
Agreement does not constitute an admission or evidence that any actions of
DocN 1737990
BkN 2408 P90 571
Monroe County or its employees that Plaintiffs Complain of were unlawfai,
unconstitutional or deprived PiaintiS or any others of any rights or property.
S. All other terms of the Settlement Agreement dated July 17, 2002, and the (first)
Amended Settlement agreement which was approved by the Board on or about
May 21, 2003, and the Second Amended Settlement Agreement which was
approved by the Hoard on or about January 19, 2005, especially as it pertains to
Conch Contrada, L.C., shall ro nain in full force and effect.
6. This Amended Agreement sbeil not be valid and binding upon the parties until
approved by the Court and incorporated into a Third Amended Final Judgment
entered by the Court in these proceedings.
7. UnW this Third Amended Settlement o v If
Agreement hsa been approved "
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r'
r,r
v
^^
pursuant to the preoeding paragraph, the Original Settlement Agreemeepplt'
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Judgment previously tittered, and ally subsequent approved
��
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modifications shall remain in Bill force and of a t. n
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ca
v
BOARD OF CO ;NIMISSIONERS
Cbades McCoy, of
Monroe county
MONROE COUNTY B OFFICIAL
f0fiep
h Pfukd&
MON E C N Y ORNEY
M:
RO N , JR.
A9$1g1ANT BUNT NEY
Cab
DocM 1737990
Bkq 2408 PqV 572
CONCV COMMAD C
Signature of Witness
Cindy Sawyer ' �
- Lib Trevor
Printed Name of Witnou
DocM 1737999
Bkp 2408 P•N 573
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee,
and CONCH CONTRADA, L.C., a
Florida Limited -Liability Company,
Plaintiff/Petitioners,
V.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
Case No. CA K-01-108
•
•
:•'
Plaintiff KEYS FEDERAL CREDIT UNION ("Credit Union"), as successor in interest to
Richard M. Osborne, Trustee, and Defendants, MONROE COUNTY, a political subdivision of
the State of Florida ("Monroe County"), and JOSEPH PASKALIK, in his official capacity as
Building Official ("Paskalik"), (collectively, the "Parties"), having previously amended a
settlement agreement in the above -styled action, and agreed to Credit succeeding Osborne
according to the rights and duties contained in:
a. The Settlement Agreement dated July 17, 2002, hereinafter "Original Settlement
Agreement," attached hereto as Exhibit "A".
b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as
Exhibit "B".
Exhibit "C".
The Second Amended Settlement Agreement dated May 16, 2006 attached as
Exhibit "E", w/o exhibits
d. The Third Amended Settlement Agreement as to Conch Contrada, L.C. dated May 16,
Do=$ 1737990
2006 attached as Exhibit "D". Bkq 2408 P9N 574
1. The parties hereby agree to amend the Second Amended Settlement Agreement as
follows:
a. Paragraph 1 is hereby amended to read:
1. The Keys Federal Credit Union, as successor in interest to
Obsorne, has received through the 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 16 (ending
July 13, 2008).
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 16 (July 14, 2007
through July 13, 2008).
N
Docp 1737990
c. Paragraph 7 is hereby amended to read: Bkp 2408 NO 375
7. All other terms of the original Settlement Agreement dated
July 17, 2002, and subsequent Amended Settlement
Agreement, and Second Amended Settlement Agreement
and Third 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 Fourth 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 Fourth 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 modifications shall remain in full force
and effect.
3
3
AT T 6j
Ifeputy Clerk
9,9;Rrt�, ess
ignatune o itness
Siw#
Printed Name of Witness
-Ae-6& v 4166��
Signature of Witness
Printed Name of Witness
Daeg 1737990
8kN 2408 PgN 575
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORMAY
r 7
Q
By:
Mayor/Chairperson
MONROE COUNTY ATT09%
AP,MVED AS TO FQM:
Date
MONROE COUNTY BUILDING OFFICIAL
By:
Joseph Paikalik
KEYS FEDERAL CREDIT UNION as Successor
in Interest to RICHARD M. OSBORNE
By:
---'7-FresideWCEO
-
13
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;
V.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
000a 1737990
SO 2408 P9N 577
Case No. CA-K-01-108,,
Plaintiff CONCH CONTRADA, L.C., a Florida Limited Liability Company ("Conch
Contrada"), and Defendants, MONROE COUNTY, a political subdivision of the State of Florida
("Monroe County"), and JOSEPH PASKALIK, in his official capacity as Building Official
(?askalik"), (collectively, the "Parties"), previously resolved their differences which gave rise to
the above -styled action, wherein the parties agreed to settle the matter between them upon the
terms and conditions recited in:
a. The Settlement Agreement dated July 17, 2002, hereinafter "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 (Osborne) dated May 16, 2006
attached as Exhibit "C".
Exhibit "F", w/o exhibits
d. The Third Amended Settlement Agreement as to Conch Contrada, L. C. dated May
Doc* 1737998
16, 2006 attached as Exhibit "D". ek# 2408 P9N 978
follows:
The parties hereby agree to amend the Third Amended Settlement Agreement as
a. Paragraph La. (Paragraph 5 of original Settlement Agreement) is hereby
amended to read:
1. a. Conch Contrada agrees to submit an application for
Amended Conditional Use Order that reflects the intended change in use,
should Conch Contrada decide to develop the subject property with an
alternative use(s). Upon approval of the Amended Conditional Use Order
by the Planning Director, and in accordance with the development orders
referred to in Paragraph 2 of the Original Settlement Agreement, Monroe
County agrees to process promptly upon submittal the application for
building permit by Conch Contrada or its assigns for construction of one
7,500 square foot restaurant, or as an alternative, a 7,500 square foot
medium -intensity, mixed use, retail and/or office/professional use facility in
ROGO Year 16 (July 14, 2007 - July 13, 2008).
b. Paragraph 3. is hereby amended to read:
3. Plaintiff Conch Contrada, in cooperation with Monroe County, will
prepare and submit to the Court pleadings or notice required to address the Fifth
Amended Settlement Agreement. Conch Contrada shall pay any costs incurred as a
result of filing this Fifth Amended Settlement Agreement and any associated
pleadings or notices with the exception that each party skull bear its own attorney's
fees.
2
Doca 1737990
Bkp 2408 PqN 579
C. Paragraph 4 is hereby amended to read:
4. All parties acknowledge that the original Settlement Agreement was
entered into for the purpose of settling pending litigation and that this Fifth
Amended Settlement Agreement does not constitute an admission or evidence that
any actions of Monroe County or its employees that Plaintiffs complain of were
unlawful, unconstitutional or deprived Plaintiffs or any others of any rights or
property.
d. Paragraph 5 is hereby amended to read:
5. All other terms of the original Settlement Agreement dated July 17,
2002 and the (first) Amended Settlement Agreement, the Second Amended
Settlement Agreement and the Third Amended Settlement Agreement (Conch
Contrada) shall remain in full force and effect.
e. Paragraph 6 is hereby amended to read:
6. This Fah Amended Agreement shall not be valid and binding upon
the parties until approved by the Court and incorporated into a Fah Amended
Final Judgment entered by the Court in these proceedings.
f. Paragraph 7. is hereby amended to read:
7. Until this Fifth Amended Settlement Agreement has been approved
by the Court pursuant to the preceding paragraph, the original Settlement
Agreement and Judgment previously entered, and any subsequent approved
amendments or modifications shall remain in full force and effect.
K
ATTEST:
DANNY L' KO�, =I�4
CLERK OF T'HM'CCSURT
Deputy Clerk
Printed Name of Witness
ture of Witn
We as I N C
Pri' d Name of Witness
Docp 17379M
BkN 2406 PgN 580
BOARD OF COUNTY COMNIISSIONERS
OF MONROE COUNTY, FLORIDA
'1
By:
Mayor/Chairperson
MONROE COUNTY ATTORNEY
DROVED AS T6�P Ml
,__',17ANNE A. BUTTON
cour�r�►o c �y
Ditto
MONROE COUNTY BUILDING OFFICIAL
By:
Joseph Paskalik
CONCH CONTRADA, L.C.
By:
Libby IWvor
C?
1N 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,
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
Doan 1737990
Bkn 2408 Pgdn 981
Case No. CA-K-0I-108
SIXTH 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 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".
llcfv
c, The Second Amended Settlement Agreement dated May 16, 2006 attached as Exhibit
Exhibit "G", w/o exhibits
d. The Third Amended Settlement Agreement as to Conch Contrada, L.C. dated May 16,
DocN 1737990
2006 attached as Exhibit "D". Bkp 2408 P9q 382
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".
1. 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 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 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).
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
o
as to
Keys Federal Credit Union as Successor in Interest to Richard M. Osborne,
Qand
Fifth Amended Settlement Agreement Conch
as to Contrada, L.C.,
N
s
shall remain in full force
o m
and effect.
d. Paragraph 8 is hereby amended to read:
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
unmodified, and any subsequent approved amendments or modification
'. shall remain in full force and effect.
`KOlHAGE
CLERK:
Deputy Clerk
BOARD OF COUNTY COMMI S7,
SI
OF MONR--OE COUNTY
Mario Di Gennaro, Mayor
n
ignature melAi-st')
rtness
SC07 -
Printed Name of Witness
Bpk�vw W
SignaturV of Witness
���1�rcun� W�fS
Printed ame of Witness
DacN 1737990
BkN 2408 PqN 584
MONROE COUNTY BUILDING
OFFICIAL
By:��
eph Paskalik
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
By:
President/CEO
MONRO C U *EY
APP 0 T
OBERT B. SHI///L�����IL��'I�������/// R, JR.
CHIEF ASSIST�T_CpJ�1TY ATTORNEY
Date:.�
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
Docq 1737990
RICHARD M. OSBORNE, as Trustee, Bkp 2408 Pgq 585
And CONCH CONTRADA, L.C., a Florida
Limited Liability Company,
Plaintit7/Petitioners Case No.: CA-K-01-108
V.
MONROE COUNTY, a political subdivision
of the State of Florida and JOSEPH PASKALIR, in
his official capacity as Building Official,
Defendant/Respondents
SEVENTH AMENDED SETTLEMENT AGREEMENT AS TO CONCH CONTRADA
L.C.. a FLORIDA LIMITED LIABILITY COMPANY
Plaintiff, CONCH CONTRADA, L.C., A Florida Limited Liability Company ("Conch
Contrada'), 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'j, (collectively, the "Parties"), previously resolved their differences which gave rise
to the above -styled action, wherein the parties agreed to settle the matter between them upon the
terms and conditions recited in:
a. The Settlement Agreement dated July 17, 2002, hereinafter "original Settlement
Agreement," attached hereto as Exhibit "A".
b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as
Exhibit "B".
Exhibit "H", w/o exhibits
P
DacN 1737990
Bki1 2408 P8i1 886
c. The Second Amended Settlement Agreement (Osborne) dated May 16, 2006 attached
as Exhibit "C".
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".
g. The Sixth Amended Settlement Agreement as to Keys Federal Credit Union dated
August 11, 2008, as Successor in Interest to Richard M. Osborne attached as Exhibit
1. The parties agree to amend the Fifth Amended Settlement Agreement as to Conch
Contrada, L.C. as follows:
a. Paragraph La. (Paragraph 5 of the original Settlement Agreement) is hereby
amended to read:
1.a. Conch Contrada agrees to submit an application for Amended Conditional
Use Order that reflects the intended change in use, should Conch Contrada decide
to develop the subject property with an alternative use(s). Upon approval of the
Amended Conditional Use Order by the Planning Director, and in accordance
with the development orders referred to in Paragraph 2 of the Original Settlement
Agreement, Monroe County agrees to process promptly upon submittal the
DoeN 1737990
Bkp 2408 Pep 987
application for building permit by Conch Contrada or its assigns for construction
of one 7,500 square foot restaurant, or as an alterative, a 7,500 square foot
medium -intensity, mixed use, retail and/or office/professional use facility by
December 1, 2009.
b. Paragraph 3 is hereby amended to read:
3. Plaintiff Conch Contrada, in cooperation with Monroe County, will prepare
and submit to the Court pleadings or notice required to address the Seventh Amended Settlement
Agreement. Conch Contrada shall pay any costs incurred as a result of filing the Seventh
Amended Settlement Agreement and any associated pleadings or notices with the exception that
each party shall bear its own attorney's fees.
C. Paragraph 5 is hereby amended to read:
5. All other terms of the original Settlement Agreement dated July 17, 2002 and
the (first) Amended Settlement Agreement, the Second Amended Settlement Agreement, the
Third Amended Settlement Agreement (Conch Contrada), and the Fifth Amended Settlement
Agreement shall remain in full force and effect.
d. Paragraph 6 is hereby amended to read:
6. This Seventh Amended Agreement shall not be valid and binding upon the
parties until approved by the Court and incorporated into a Seventh Amended Final Judgment
entered by the Court in these proceedings.
e. Paragraph 7 is hereby amended to read:
Witness
PrinteName
Doan 1737990
Bkp 2408 PqN 588
By:e r--.,Qz.A
Douglas Trevor, Manager
DocN 1737990
BkN 2408 PNN 389
7. Until this Seventh Amended Settlement Agreement has been approved by
the Court pursuant to the preceding paragraph, the original Settlement Agreement and Judgment
previously entered, and any subsequent approved amendments or modifications shall remain in
full force and effect.
ATTEST
D 't��
:: �OLHAGE BOARD OF COUNTY COMMISSIONERS
K, ,
el~:EOF.TFMCOURT OF MONROE COUNTY, FLORIDA
J3Jr.BY:1.
wPYClerk Mayor/chfifrperson
MONROE COUNTY BUILDING OFFICIAL
Wia�ssss BY:
Print d Name JOS PH PASKALIK
1,vzw i-<*4
MONROE COUNTY ATTORNEY
W, ess APPRO D AS TO FORM:
we-"' --
Printed a SUSAN M. IMSLEY
'Ass I TAINT COUNTY ATTORNEY
Date
v
r
NCH CONTRADA, L.C.
Witness A Florida limited liability Company
�as
Printed Name
MONROE COUNTY
OFFICIAL RECORDS
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee; DocN 1737990
and CONCH CONTRADA, L.C., a Bkq 2408 Pqq 853
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
DAVID J. AUDUK JP-
3 c
o a
nrn.
c? C-) -wr.
r in
EIGHTH AMENDED SETTLEMENT AGREEMENT AS TO
KEYS FEDERAL CREDIT UNION, AS SUCCESSOR IN INTEREST
TO RICHARD M. OSBORNE
kill
r—
rn
0
O
rn
Cl)
O
v
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".
0
Exhibit "I" w/o exhibits
d. The Third Amended Settlement Agreement as to Conch Contrada, L.C. dated May 16,
DOOM 1737990
2006, attached hereto as Exhibit "13". Bkp 2408 PgN 394
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
"Ell
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".
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:
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
C.
C�
H
promptly upon submittal the application for building permit by Osborne or
o
an
his assigns for construction of mini -storage warehouse per the Original
N
,,,,.
mw
Settlement Agreement during ROGO Year 13 or the alternative 25,120 sq.
as
ft. credit union, banking or financial institution office facility in ROGO
('
u,
Year 18 (July 14, 2009 through July 13, 2010).
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.
Paragraph 8 is hereby amended to read:
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.
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
00CM 1737990
Bkp 2408 P u 556
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:
B
Deputy Clerk
Signature of ess
Signature of Witness
Signature 0�'; wwya
BOARD OF COUNTY COMMISSIONERS
OF MO COUNTY
By: e
George Neugent, Mayor
MONROE COUNTY BUILDING
OFFICIAL
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
gy,�—
obert Watson, President/CEO
�\�' � — Fl:)P*v
�' / -
R ERT . SHIeLINGER, JR,
CHIEF AS=TANT COUNTY ATTORNE\
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M.SBORNE, as Trustee; D,acp 1812227
and CONCH CONTRADA, L.C., a Blcp 249Q Pgp 2033
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 m "
capacity as Building Official, rn
Defendant/Respondents
/ w �
-o o
rn
NINTH AMENDED SETTLEMENT AGREEMENT AS TO C'
KEYS FEDERAL CREDIT UNION, AS SUCCESSOR IN INTERESTI
ca o
TO RICHARD M. OSBORNE ' ' ` Ln
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".
Exhibit "J" w/o exhibits
d. The Third Amended Settlement Agreement as to Conch Contrada, L.C. dated May 16,
Dinn 1812227
2006, attached hereto as Exhibit "D". Bkp 249e PgH 2M6
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
"Elf.
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".
1. 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:
C.
C
3. In accordance with the development orders referred to in paragraph o
A Y
an
a
l of the Original Settlement Agreement, Monroe County agrees to process
A .a
promptly upon submittal the application for building permit by Osborne or
a
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).
Paragraph 7 is hereby amended to read:
7. All other terns 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.
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.
71--����
Deputy Clerk
Signature of Witness
Signature of Witness
ignature of Witness
ScerrZ� AjSki
ZPri Nai of Witness
a of Witness
Printed Name of Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
Sylvia M y, Mayor
DaCN 1812227
Bla 249Q PgN 2038
MONROE COUNTY BUILDING
OFFICIAL
By: Ze'e7 j '�Z�
eph Paskalik
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE (�
By: ao
nl � SiwxTig.(% President/CEO
MONRO OU ATTORN Y
P O AS FOR .
ROB T B. SHILLINGER, JR.
CHIEF ASS ANJT/ oTY ATTORNEYX RNEY
DateQ
� .
HOME COUNTY
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