11th Amendment 06/20/2012DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: June 28, 2012
TO: Suzanne A. Hutton
County Attorney
ATTN: Laurie Dastuge, Paralegal
FROM: Pamela G. HancAYD. C.
At the June 20, 2012, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item N7 the Eleventh 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 agreement for your handling. Once you have obtained the
signatures of Berry Smith and Scott Duzinski, please forward our office two copies. Also, please
be sure to attach the Exhibits to the original prior to recording. 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. OSBORNE, as Trustee; ,ECCIVEf3
and CONCH CONTRADA, L.C., a AuG () 3 2012
Florida Limited Liability Company,
Plaintiff/Petitioners, Case No. CA- K- 06(10WE c0L;Nyy TTe1k'qEV
V.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JERRY SMITH, in his official
capacity as Building Official,
Defendant/Respondents
ORDER APPROVING
ELEVENTH 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 Eleventh Amended
Settlement Agreement entered into by the parties and finding same to be acceptable, it is
ADJUDGED that the Eleventh 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,
2012.
J
AUG U 0 2 2012
of
CIRCU
JUDGE) J. AUDLIN, JR.
CHIEF JUDGE
c: County Attorney
Adele V. Stones
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 JERRY SMITH', in his official
capacity as Building Official,
Defendant/Respondents
Case No. CA -K -01 -108
leCelveo
.r� Y5 291
( W"r r VT0, .)r
ELEVENTH 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 JERRY SMITH, in his official capacity as
Building Official ( "Smith "), (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
"
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 "Y'.
k. The Tenth Amended Settlement Agreement as to Keys Federal Credit Union, as
Successor in Interest to Richard M. Osborne, attached hereto as Exhibit "K ".
1. The parties hereby agree to amend the Tenth 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
1 Jerry Smith is the new Monroe County Building Official and is substituted as a party for the retired Building
Osborne, has received through the Tenth 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 14 or 15, or the alternative
25,120 sq. ft. credit union, banking or financial institution office facility in
ROGO Year 20 or 21 (July 14, 2012 through July 13, 2014).
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
Official Joseph Paskalik by operation of law. See, Fla.R.Civ.P. 1.260(d).
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, Ninth Amended Settlement Agreement as
to Keys Federal Credit Union, as Successor in Interest to Richard M.
Osborne, and Tenth 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 Eleventh 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 Eleventh 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 BOARD OF COUNTY COMMISSIONERS
CLERK:
JJ Deputy C erk
OF MONROE COUNTY
By:
David Rice, Mayor
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE \ �J
By:
S' 4 f Witness Scott Duzinski, President/CEO
Printed Name of Witness
t ure o Witness
ame of Witness
,MONROE GOUNTY ATTORNEY
APPROV AST ORM:
ROBE T B. SHILLINGER, JR.
CHIEF A-5ZISTANT COUNTY ATTORNEY