12th Amendment 06/19/2013AMY REAVIIIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: July 3, 2013
TO: Bob Shillinger
County Attorney
ATTN. • Kathy Peters
FROM: Pamela G. Hanc ck, C.
At the June 19, 2013, Board of County Commissioner's meeting the Board granted approval and
authorized execution of the following:
Item R8 Quit Claim Deed in favor of Karl R. Lindquist and Carol K. Lindquist.
Item R2 Twelfth Amended Settlement Agreement in Case No. CA -K 01 -108, Richard M.
Osborne, Trustee & Conch Contrada, L.C. v. Monroe county, et al.
Enclosed are the originals of the above - mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: Finance
File J
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 -295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6017 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 851 -7145 Fax: 305 - 851 -7146
RECEIVED
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICI MAY 15 2013
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA ROE COUNTY ATTORNEY
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
Plaintiff /Petitioners, Case No. CA -K -0 1 -108
V.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
TWELFTH AMENDED SETTLEMENT AGREEMENT AS TO
KEYS FEDERAL CREDIT UNION, AS SUCCESSOR IN INTEREST
TO RICHARD M. OSBORNE
Ilaintiff 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
"
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 ".
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 Eleventh Amended Settlement Agreement as to Keys Federal Credit Union, as
Successor in Interest to Richard M. Osborne, attached hereto as Exhibit "L".
1. The parties hereby agree to amend the Eleventh 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:
Boos Development Group, Inc., as successor in interest to Keys
Federal Credit Union, has received through the Twelfth Amended
Settlement Agreement Minor Conditional Use Approval to construct a
14,600 square foot nonresidential building to be occupied by CVS
Pharmacy as medium intensity commercial retail use pursuant to Monroe
County, Florida Development Order No. 03 -12.
b. Paragraph 3 is hereby amended to read:
3. In accordance with the development orders referred to in paragraph
1 above, Monroe County agrees to process promptly upon submittal the
application for building permit by Boos Development Group, Inc. or its
assigns for construction of 14,600 square feet medium intensity
commercial retail during NROGO Year 20 (July 14, 2012 through July 13,
2015).
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, Ninth Amended Settlement Agreement as
to Keys Federal Credit Union, as Successor in Interest to Richard M.
Osborne, Tenth Amended Settlement Agreement as to Keys Federal Credit
Union, as Successor in Interest to Richard M. Osborne, and Eleventh
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:
This Twelfth Amended Settlement Agreement shall not be valid
e.
ATTEST:
AMY HEAVILIN
CLERK:
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 Twelfth 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.
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONR U
CONTY
By. �Q..
George Nugent, Mayo
MO E COUNTY ATTORNEY
A8 FORM:
STEVEN T. WILLIAMS
A8818TA�f COyNTY ATTORNEY
Signatur&bf Witness
of Witness
Sign of Witness
IaAue ,-��S
Printed a of Witness
Signature of Witness
M CL--* a 11 a-z- M 0-!q (LL'r
Printed Name of Witness
Printed Name of Witness
"- ic pax-f -" L.
�a ture f'�.�
Printed Name of Witness
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
By:
Scott Duszyn k1, President/CEO
BOOS DEVELOPMENT GROUP, INC. as
Successor in Interest to KEYS FEDERAL
CREDIT UNION
By: 'p ,/41—
Robert D. Boos
Chairman d CEO
IN THE CI1CMT COURT OF TIM SIXTEENTIE)<JUllI
CIRt,I11 glVb FOR MONROE COUiYTY, CLORIU�AL
A
RTCHARI) M, OSBORNE
and CONCH CO 'i�•ustee,
Florida Llmitc I� a
d Lia Itity Co v a
�Y,
Plaintiffa/ Petitioners,
v. .
I
f
Case No. ,CAA -0I -I0g
MONROE C.-O.
subdivision of the state ' a Ii brid
.
and JUSEAH o�Flbrida;
capacity in hIs official
Ord
as BW lding i
Defendant/ Respondents.
: ,; •;y�
w
I..,
NT AGR$�
Plainlif!'s � ,
RICI -LARD M.' OSBORNE, so T
tis ee C O sborne '
CONTRAI)A, L.C. '7, and CONCH i
a Florida Limited Liability Com
Defendants, A40NROE CO Y ("Conch Contrzda�l, and
N� s political subdiv ion of the
C'Monme County'l, and State of Florida J i
S *P" PASKALlK, in his, official
Official ( "Paskalik'), � tY as Building A
'caaly resolved their diff
ae,tion, hereby 8 �; M t i ces which gave rise to this
o settle t�is matter between th '
conditions: Pon the following terms and
I • As to Osborn, nroc
construct a 35.200 s . county agrees: a.}, at a Major Conditional Use to
ft mini torage warehouse has;
Monroe County pl
has;'
approved, with conditions, by
Co , .
. 1SSion on January 27,199$ under Resolution No: P3 - 97,
rccc)rded at 0. R. Book 1444
es 2205
2207; b)! that g variance with regard to oft
street parking, reducing the n
4er O f MQwred parki
6 spic as from 10
to 2.5 par 1,000
Exhibit "A" ;
I
sq, lt. of door area for the i
PMPosed mini - storage wamhouse was
grag ed by the Monroe
County Planning Commission on Jan �
. y 17, 1997, under �tesalutioe� No. P2 -97; and, c) I
that both development orders are presently valid and in full f orce
and. ems,
2 As to Conch Contmd
a, L.C., Monroe Pmeat Count a
Conditional Use Develo y ' a ) that a Minor
. Order No, 5 -99 to
construct one ',500 square foot
restaurant; to relocate an . existing sewage treatment . facill
ty, and
d t locate a shared 4 driveway, w� approved, with condlrion b .
a. Y the Planning D
August 4, 2000, recorded in irector of onroe County on
I
OR, Book 1654, pages 1591 -159 r
devolo �� b) that this
pment ��' i8 presently valid and in fuI1 '
force and effect.
3. Notwit '
. anything in any of the development 4M referred to in
Paragraphs 1 or 2, above
( md, specifically Conriitlon No. 1 in onditional
Development Order No. 5 -99 or Use
' any other pmvisuon of the Comp�henslve Plan or
Ordinances of Monroe County no buildi �
� Permit shall be denied. �6r Osborne or .
Conch Contrada, L.C.. on the basis of '
Monroe aunty ' s regulatIoas �re
Residential rates of growth or the feting to non-
adoption (or lack of adopticm) of a no '
allocations dentist Pormit
Monroe or its rival nt, includia :
g. but not Jfmited to, the re ations set forth
in Mone Coumy Compfehen Iva Plan Policies 101.$3 ' '
County Ordiiutnce No. 032 -2(1n� tmOUgh I01.3 and Mon
I
4 ' In accordance vv the d '
evelopment orders referred to '
above, Monroe Co Paragraph. �t3' agrees to process Prnmpti u o �
for buildin y P submittal Osbo `
g Permit for construction of a 35,200 's aPplicadon
Year !2 mini- storage war Ouse in ROB
du! s
Y 14.2003, .through ruly 13, 2004).
I
I
i
2
i
r r
S. In accordance with the development ardcr ref
etxed to iii
above, Monroe County a Paragraph 2'
agrees to process promptly upon. submittal
application for buildia Connch Contrada s
g Pen'tnit for construction of one 7,500 square foot re t
rolocate " existing sewage treatment facility, and to locate a shared .
Year l I Jul 14 . driveway in ROgp
(July , 2002, through July 13, 2003).
6. Except as x rc'ssl
p Y provided heceIn, Osborne and � wa Con
cb Contrail
Monroe County and paskaTi a, L•C.,
ive any claim that each asserted or was capable of
asserting in this cause and each shall bear its own attorney's fees and costs Proceeding. in particular, and w °,
without limitati Os of this
behalf of themselves,. their memb borne and Conch Contrada, L.C., on
ers, beneficlarles and any others claiming by or through
them, waive all claims ror damages and compensdon for denial of d
intense condemnation (also referred to as regulatory or to � process and
the C:oanty's actions and . fig) arising from
regulations prior to the date of this Settlement Ate.
7 . The Plaintiffs Osb
Dine and Conch Contada, LC- a►ill prepare and submit
to the Court a "Notice of Volun
Y Dismissal LC-
Prejudice" of their Present claims
against the Defendants.
8 •
All parties ackn tlW this a8reeaaent is entered into for the
of settling pendcng LWgaaon and does not constitute an admi purpose
actions of Monroe Count ssion or evidence that any
Y or its employees that plaintiffs compla;n of were, unlav�
unconstitutional or deprived plaintiffs or any others of any dxhts a S, .....
Witness ....
(Print Nam , ! `ti
e of Witness) .
r
r
i
r
r
t
i
i
.trades `� 1111,111'', lY............. y o f
Monroe County
Dated
3
i
/ r
,e l
(Print --
0 of Witness)
Wi
1 4 a A its �}
(Print Name of Witness)
(Print N �-
a�e of Witness)
4 J09 ii Paslcatik, as BuiIding.0fici
For A4onmc County'
Dated
Kic Os orne
Deted��1�_
}�_ L.C.
Dated • y I� r
ARzoved to III suff��,
BY:
S. sped ° C ouns e l to
Monsve a ,
t
i
i
I
4.
7
S
i
,
r
t.
i
J
J
e
a
i
i
IN THE CIRCUIT COURT OF THB SIXTEENTH JUDICIAL
ICUIT IN AND FOR MONROE COMM, FLORIDA
RICHARD M. OSBORNB, as Thudee;
and CONCH CONTZtgD� L.C., a
Fladda Limited Liabllity Comp
PWndffiP Case No. CA -K -0I -108
V .
MONROE COUNTY, a Political
subdivision of tho 3tata of Florida;
mid as H a g cK v cial Of
DdmdmwR
PlaindlM RICHARD K OSBORNB, as Tmfte ( "Osbome' x and CONCH
CONTRADA, L.C., it Florida LhWted Liability Compatgr ( "Conch Contrada"), and Defendants.
MONROE COUNTY, a Pondeal snbdivid feu o f the State of Florida ( "Monroe Cotfty"j and
JOSEPH PASICA,UK- in his offl" oapadty as Building Official ("Paskelik"), previotaly
resolved daft diffinncea which gave rise to the above -dyled action, wbmk t 110 pardas agreed
UM tha trams and MUMMA recited in the settlement
Agm meat dated July 17, 2002, her "Original Settlement Agt+saommV attached
Exhibit "A ". ht D
The ma* oonditionai nse meted to Osborne to construct a 35,200 square Soot
nw *=Am* with 84 parking glades plus 4 handicap spa= during
R000 Year 12, tbm * Orin SaWmmt A8mement X11 be untended to
allow an alternate.use con '
fdda8 of consbauction of 25,120 square toot credit
"dory banking or Rna lnstitudon office facility requidng 74 purling mss,
plu 4 handicap paling sAm dut ing ROGO Year 14.
Exhibit ' B ", Wo exhibits
i
2 . Notwftl'�andiog anythln is an o fthe develo pent orders refs
8 y p fired to in the
Original Settlement Agmamen, or any other provision of the Compnhersivs
Plea or Or&mce of Monroe Co
muY+ no building permit shall be denied to
Osborne on to basis of Mome C,,y.s regWationa relating to nos- residential
rate of growth or the adoption (or lack of adoption) of, nom+esfdentiai PC,,
nit
allocation system or its egnivalog, inWudin& but nat limited 4 the regulations
set forth in Monroe Coin, Compreheaaiva Plan PoliOW- 101 .3.1 tWmgh
101.3.5, and Monroe County Ordlnatwe No. 032 -2001.
3. In accordance with the develo pment orders referred to in paragraph l of the
Sind sOW=ft Agreamal Monroe County age to process aptly qM
bmittal fire application for building pmt by Osborne or Us assigns for
boa of miz &IDrsv hoagie pw tha Or'ShW SOWeMOM A
Ong "00 Year 12 or the altamdve 25,120 sq. R. credit union, banking or
fimaclal iastitutlon office &cilit is ROQO Year 14 (July 14, 2005, through July
13
4 . Except ag w9= Provided
herein, Osborne and Monroe County and Paskeijk,
waive MAY claim that each asset at was capable of aaaerdng in lids cause and
each shall bear its own attomey's fees and costs of this proceedin& In particular,
and without MW%don, Osborne, an behalf of Nser, that
beneficiaries and �'
�► others Claiming by or through them, waive all claims ft
damages and con1 tion for do dal of due process and Inverse co
(also refeaed to as won
latory or temporary tsldng) stiffing from the County's
actions and regulations pry to the date of this Amended gOftment Amt.
S. Plaintffff Osborn .
e, m cooperation with Monroe County, will
the Court Pleadings Prepare end submit to
gs or notice required to adder the Amended Settlement
6 '
All Parties acfmowledge that the Ori
ginal Settlement AWreonunt was cnt ed into
for the ptupoaa of Utding Pending lidgation and that this Amended Settlement
Agreement dues not consdoAg an admisslon or evidence that any actions of
M Count► or its etaployeae that Plaintiffs Com
plaid of wane unlawtil,
or depdvad Phdntlili or a I O&n of any rig or pl
7 . All other tenon of the Odgiwd Idd neat
Agreement dated July 17, 2002, shall
1emsin In ha force and effect.
8 . A Cowry Cocos Enfoi'cement Han
=ready encumbers the pmperiy, This Hen
will be addressed in a separate agreement between Osborne and the
'County,
9, This Amended Agroament shall not be valid and
binding
until a , upon the parties
PP�d by the Court and lncorporated into an Amended Final Judgm t
entered by the Court to thane proceedings.
10. Until this
Amended Settlement Agreement has been Approved by the Court
t° Pia* 9 above, the Original Sett OMe nt Agreement and Judges
PrwAouslY entered and unmodified shall remain In full force and effect.
i •
I
ATTWT.-
DANNY L. KOLHAm
CLERK: ���� A✓ r ,'
Deputy Cl "
Daled e 3 . l q •a;
Slgueture oL Wl
Prfiotted Name oil�ifags� �++
BOARD OF COUNTY COAUSSIONERS
OF MONROE, COUNTY
Dbb 4N AG Ah or
'N% '�i a :i; a •r �:
IN TFHB CMCUIT QOURT OF 7M SMMM' TH JUDICIAL,
CMCUIT RI AIM FOR MONROB.COUNTY,.
A
RICHARD M. OSHQRM
and CONCH CONtRAD4 L.C., a
Florida q
Case No, C' K -01 -108
V.
MONROE COUNLy, s pOUdcal .
suhdividw offtState ofFlodds.
� XMH PASXVj3r., in his aJRctaq
Ma
Dmt/Responder�te
Plaints& RICHARD U- OSBOIN% as Trustee ("Olb sac
L.C., a Florida Limited LiabOity compan ("Coach Commode% and Deg
COUNTY, a political subdhriaon of the State of Florlda ("Monroe Count
PASRAI,IK, in his official capacity ae Ong ofila t (ep PMV
di8brmoss which Save rise to the aWvo styled actim wheroia the parties
matter between them upon the tame attd conditions recited in the Sett l"
Jy 17, 2002, hereWaftW "Orisiiyt _ I ,
3cittement Ate! h are
Mash 19, 2003, the Board of `
aa ` C� Mws&oars ofMom+oe Co",
u h N I �7RYemant A
" B
The P X00 to srr�ead 0manded) sattlemeat meat as
L The XM Feder Crec ft ITWM as successor in interest to
through the Amended et<l=MR Agreagaft M#* coral
CONCH CONl'RADA.
MONROB
'). and JOSEPH
mly rmw ved their
Feed to settle the
ItAgnmmaftd
as Exl M GAN. On
Troved the Amended
ied hereto ae addhk
rney has received
Use Approval to
Exhibit "C ", w/o exhibits
construe* 125,1 1 20 squarie foot credit union, b&W* or financial iustitemon office
Willy r"king 74 pwidng spaces plus 4 handicap paridng sPaM dung ROGO
rear 11
2 NOM* anything in AnY of the deoilopmegl orders fired to in the
Orrgind or Amendal SOMOMent Agreematrt, or any oth a providon ofthe
lcoqxdwutve P1an or Ordinawes cf UMM CMUO, no btuldmg permit be
denied to Oabmne on the basis of Monwe County's regAN&as relating to non.
residence roe ofBrowth or the adoption (or lack ofadopdw) of a nomtueeidendal
pwmIt "g sYstan or its equivalent inoluding, but not limited to, the
forth in Motu'oe County Comte PlIn Policies 101.3.1
through 101.3.5, and Monroe County Ordinance No. 032.2001.
3 . In accordance with the developer Orden ra&rW to in pszagraph 1 of the
Original Settles Agreement, Monroe County agrees to process promptly upon
the won ibr bufidmg Pamit by Osboene or hls Xwkos for
wmMuc Lion Oemiai.storage wwabouse per the Original SetdMamt Agreement
during RoaO Yew 12 or the akOwA lve 25,120 94.1 ca-it unioq bakin or
*M'dd toldtution office &Gffity is ROGO Year 15 (July 14, 2006, ftm* j*
13, 200
4 • ]3zcept as expreasiy provided
O -b-M snd Monroe County and Paslaflk,
wd " on" ddm d* aeon asserted or was capable of asserting in this cause and
each shall bear its own attorney's fees and cusp of this
W& In partiaelar,
and " 1o,, Osborne on behalf of itself; their bens, awcassom
beads das and any others d** by or through dwm� waive ao claims for
damages and compensation for deatial of due process and inverse condemmdon
(also refeaed to as regulatory or temporary taking).&Wng from the Co *.$
actions and regvimoos prior to the date of flis Amended Settleone. Ate,
Plaintiff Osborne, in 000peratioa with Monroe Couatq will Prepare and submit to
the Court pleadings or nodco m9wnd to addrnas the Amended Seztletneret
Agreem enu.
S.
All pubes aclmowkdge that the Original Settle Agreement was entered into
for tiro purpose of aettling peadiag lltiVAoa sad that this Amended Settlenaatt
Agreement does no aonstidrte an admission or evidmux that say acdoas of
Monroe County or iu employees that Piaitetiffs Complaht of wore untelifilm It
unconsfwdond or deprived Plamdft or any otheas of gW rights or 7O
r
0
All other tnraes ofthe OrigW S dWd J* 17,20
7, 20� 0 V4
�
remain is gill tbrce sad affect.
r T O
This Second Amended Apeeneat shall not be vsW and bin ft upon tl a patpes +O
to
uUM approved by the Cows and iacacpotated into an AmwxW IrmS h dV4M
entered by the Cornrt in dM* pVM&SL
uVa this Second Amended Settlement has boor approved by the Court
4ursum t'O Patt►grt<p6 8 A*v% the Gf4Pul Settlement Agmwu mt and, Iudgmeat
"Sly entered and UU MOMW shell remain in full Scans and e$t WL
HOARD OF C
OF MONROB
MONROE COUNTY BtJII.DINO OFFICIAL
By:
412 - ty
Joseph Paste
S �WM2=8
4�/ r�,/�
Prl W Nam of V
KM PMERAL CREDIT ANION as
Succxw MW bbmr st m RICHARD OSBORNE
BY
A7()Rm
]N THE CManT COURT OF TIM Sp pTH JUDICIAL
CIRCLTI'I' w AND FOR MONROB COUNTY, R ORIDA
and CONCH CO S TRADA, as ., IL ee;
Pbodds Liam LbabtIicy , LC., a
Plaibi�Petid�
C,mNo. CA-K-01-108
V .
MONROB COUNTY, a Political .
eabdwwon of the State of ftd*
and JOWR PASKAW is hia oMj d
eve as Bw h* O&K
13dnderntlRtspon
PWnWCONCH CONTI2AD
A, LC., a Florida united L,irablfrtj ��� ("Coeoh
Co al' Old M OB COUNTY, a Political M*div W6n of the State of Florida
("Monroe Camtn and IMPH PABKALM, In his Official apadty as BwMUS O ffi
("Padult& (collectively, the "Tattles", prrmri
ouelY resolved their Wavam �m tip rise to
the above -
styled actin Wherein the parties Arad to Imak the =ter between them upon the
terms and condWous rwkod iA PanISMAS 2, 3, and S in the Settlement A
groemmtt dated July 17,
204 hereinafter "Orlgg Seltlemeat Ate" attattbW hereto ee Exhibit "A". Th
30tdemeet Agreetnmu wss
Y atnmded to provide for a change in the coldomai tree srtd
to eocbend the gate
pad fbr Pwr4 t VPBIW- and coneductioa of the +approved
cored donel upt '
1• The parties ag'tae m ( ) Aded 3atfl02W ar
foIIows:
L POIWVb S is amended to now read:
Exhibit "D ", w/o exhibits
Conch Coutrada agrees to submit an application for Amended CoadhimW
Use Order that reaeds the ceded change in use, should Conch Coatrada
deride to develop the subject property with an alternative use(a� Upon
approval of the Amended Conditional Use Order by the Plamdag Director,
and is aeoordance with am ddvelopnwnt orders re*cred to in Paregrapb 2
ofthe Original Settlement AVvesn=14 Monroe County agmee to process
Promptly upon submttd tbet application for buildbig permit by Conob
CooftW& or Its aaalgns Ilu oongbucdon of one 7,500 sq= f
rsusufug, or es an abernatIM a 7,500 sgaare ftW'n0dhMI.Ww
°wed us% *eta0 aadfor o&Wprohnionei uas8tcility m AOW Yeaor is
(Jul 14, 2006 •July 13, 2007).
2
Th e Pa"del tether agreed that no provision in this agreeatent Shall exempt MW
Conch Cornnda LC ftm atry regntreonanta Imposed by statute and/or ordb=ft to
corm to a ca *d A g a I"Gal Wbft 0 m lwomm "xvei>ablep as that term is
detlned by aadrte an&or ordmanm
3. PlabWConch Coetmda, in wgMrstion with Monroe Co", win Pry and
submit to the Court Plugs or notice r+equlred to address the Armed
5ettlmnent Apienu ot. Conch Contrada dWl PaY MY costa insured as a roach of
Shag tha Second Amended Settlemem t and eny $350 dated Pkad W or
notices with the " don that esob PmtY shall beer Its cam attorney's fbea.
4 • Ap Parties acmowledge that the original aBreemeot was entered into far the
SUN" of setting P Hdgndm and that this 3eoond Amended Settlement
Apeenmn does not co»atitute an admission or evvidenoo that any actions of
Mamoe County or its employees that plWnm Complain of were uwawfA
unoonsdtutional or deprived Plaintft or "q others of any rights or property.
5. All other terms of the Settlement Agreement dated July 17, 2002, and the (g
Amended Settlement 8 8MR 100 1 whioh WAS &Ppwved by the Hoard on or about
May 21, 2003, and the Second Amended Sftlamant met whioh was
approved by the Hoard vn or about . WlVy 19, 2005, especially as it pertains to
Conde Contreda, L.C., shat[ MMM. in 1W, &M and ad`eot. ,
6. This Amended Gwent shah not be VON sad binding upon the pefft unW
approved by the Court and incorporated into a TMM Amended Fine1 kWSmmt
entered by the Court in theca proceedings.
,mo a
'5
:M
Q
e
o
A
O
v
W
BOARD OF CO 19'"S10 NMtS
Y, of
Mouras Count
MO NlRO1? COLWY H .OFFICIAL
H r,;�
FT
7. Unh7 this TM AMM" Sotdftmt has been appa")d
parAUM to the Wewft t he Original Sattlarneat Agrees
Judges Prmooa$► fter4 and My subsdWe t approved ameadm
atom " remai n in dill 4), .. atnd etigct
L A
sip4tum of WitrieBa �—`— CONC I CONTIiAO C
Cindy Sawyer - BY _'
Printed Name of Witnere L� y Tcavor --
IN T'M CIRCUIT COURT OF THE SIXTEENTH JMICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, GOT— stee;
and CONCH CONTRADA, L.C., a
Florida Lamited•Liability Ct nipan
V.
Plaintiff/Petitioners,
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALIIC, in his bf6cial
capacity as Building Offioial,
Defenda
Case No. CA -K -01 -108
p
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 PASKALIIC, in his official capacity as
Building Offige( ( "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 ". .
C. The Second Amended Settlement Agreement dated Ma 16, 2006 attached as
Exhibit "C".
Exlu'bit "E ", W/o exhibits
J
p
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 PASKALIIC, in his official capacity as
Building Offige( ( "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 ". .
C. The Second Amended Settlement Agreement dated Ma 16, 2006 attached as
Exhibit "C".
Exlu'bit "E ", W/o exhibits
d• The Thh d Amended Settlement Agreement as to Conch Comrade, L, C. dated May 16
2006 attached as Exhibit "D{' y P .
l' The Parties hereby agree to amend the Second Amended Settlement , Agreement as
follows:
a• Paragraph I is hereby amended to read:
1 The Keys Federal Credit Union, as successor in interest to
Obborne, 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 spWW plus 4
handicap parking spAM during ROGQ Year 16 (ending
July 13, 2008)•
I- Paragraph 3 is hereby amended to read:
3 • In accordance with the development orders rdm ed 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 ROr,O Year 16 (July 14, 2007
through July 13, 2008).
2
3
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
and Third Amended Settlement Agreement as to Conch
Contrailµ L. C. shall remain in full force 4nd effect.
d. Paragraph 8 is hereby amended to read:
8 This Fourth Amended Settleme&Agmement shalt not be
valid and binding upon the parties until approved by the Court and
incorporated into an Amended Final Judgment ey by the Court
in these proceedings,
e Paagraph 9 is hereby amended to read:
9. Until this Fourth Amended Settlement Agreement has been
approved by the Cou rt pursuant to Paragraph 8 above, the
preceding Paragraph, the Original Settlement Agreement and
Judgment previously entered and unmodi$ed, and any subsequent
approved amendments or modifications shall remain in full Farce
and effect.
3
eputy Clerk
BOARD OF COUNTY CoNfiVU
OF MONROE COUNTY, FLO
By;
Mayor /Chairperson
MONROE COUNTY ATTOR Y
AP VED AS TO F
A NE ON
COUNTY TOR Y
Date
--Z*-4& k/ 4-66��
Signature of Witness
Printed Name of Witness
MONROE COUNTY BLTXpING OFFICIAL,
By: ZZ
Joseph P
KEYS FED ERAL i • CREDIT UNION as Surmessor
in Interest to RICHARD M. OSBORNE
By:
esid CEO
4
IN "M'CIRCUI'T'COURT OF THE: SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNB, as Trustee;
and CONCH CONTRADA,,.L.C., a -
Florida mited Liability Company,
• Li Plaintiff/Petitioners,• .
Case•No.CA_ K.41 -108.. .
V.
MONROE COUNTY, a.pontical
subdivision of the State of Florida;
and JOSEPH PASKALIK, k'his official
capacity as Building Offieial,
DefendanMespondents
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 PASKALM in his official capacity as Building Official
( "Paskalik "), (collectively, the 'Parties
"), previously resolved their differences which gave rise to
the above -styled action, v herein the parties agreed to settle the matter between them upon the
teams and conditions recited in:
a. The SettlememAgreement dated July 17, 2002, hereinafter "Original Settlement
Agreement," attached hereto as Exhibit "A"
b• The Amended Settlement Agreement dated March 19, 2003, attadhhed hereto as
Exhibit "B"
C.
The Second Amended Settlement Agreement (Osborne) dated May 16 2006
,
attached ss Exhibit "C",
Exhibit "F", w/o exhibits
d. The Third Aulended Settlement Agreement as to Conch Contrad
16, 2006 attached as Exhibit TOO. L.C. dated May
1. The parties hereby agree to amend the Th"dAmended Settlement A
gree »lent as
follows:
a. Paragraph l.a. (paragraph 5 of original Settlement Agreement ) is hereby
amended to read:
I . a. Conch Contrada agrees to submit an application for
Amended Conditional Use Order that reflects the iptended change in use,
should Conch Contra& decide to develop the subject property with as
afterliative use(s). Upon , aPProval of the Amended Conditional Use Order
by the Planning Director, and in accordance with the development or
referred tom Paragraph 2 of the Original Settlement Agreemen4 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, wifl
prepare and submit to the Court pleadings or notice required to address the Fl
Amended Settlement Agreement. Conch Contrada shall Pay any costs incurred as a
result of $ling this F#M Amended Settlement Agreement and any associated
Pleadings or notices w$th the exception that each Party'shall'bear its own attorneys
fees.
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 Fah
Amended Settlement Agreement does not constitute an i
admisson or evidence t
. hat
any actions ofMonroe County or its employees that Plaintiffs comps of were
unlawfiil, unconstitutional or d
eprived Plaintiffs or any others of any rights or
property.
d. Paragraph 5 is hereby amended to read:
S. 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
Con*124 shall remain in fuu force and effect.
e . ParagraphY 6 is hereby amended to read:
6' T148 Fyfth Amended Agreement shall not be valid and binding upon
the parties untii approved by the Court and incorporated into a Fifth Amended
Final Judgment entered by the Court in these proceedings.
£ Paragraph 7. is hereby amended to read:
7. Until this Fifth Amended Settlement Agreemera been approved
by the Court pursuant to the preceding Pa the original Settlement
Agreement and Judgment previously entered, and any subsequent approved
amendments or modifications shall remain in full farce and effect.
c
ATTEST:
DAN BOARD OF COUNTY COMM
C LERK OT URT
OF MONROE COUNTY, FLO;
By. AC
e of Wits
Priit d Name of Witness
MONROE COUNT
Y ATTO NEY
YED AST M,
AN A. J TON
cd IN
D to
ate
MONROE COUNTY BUILDING OFFICIAL
B
Joseph Paskalik
CONCH CONTRADA, L.C.
s -1
„ r �
4
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,
Plainti$YPetitioners, 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
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 PASKALJK, 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 as Exhibit
"C"
Exhibit "G ", w/o exhibits
d. The Third Amended Settlement A,greemont 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 ".
I. 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 sp
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 7u1y 13, 2009).
G. 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 inter to Richard M. Osborne,
and Fifth 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 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, th
Original Settlement Agreement and Judgment previously entered and
,modified, and any subsequent approved amendments or modification
call remain in full force and effect.
sy
Deputy Clerk
BOARD OF COUNTY COMNIISSIO
OF MONROE COUNTY
By.
Mario Di Gennaro, Mayor
MONROE COUNTY BUILDING
OFFICIAL
BY �
ph Paslcalik
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
ignature f ttness
S�- 0 7T QVSej USI.I _
Printed Name of Witness
i W
S gnatur — F o�Wi"�ness
`���.tnu Waits
Printed. ame of Witness
By: ' Lam' A .'k
President/CEO
MONRO C U EY
APP O T
OSERT B. SHILLI R, dR.
CHIEF A881!T T CJ�NTY ATTORNEY
Date; - 4
t
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,
PlaintifflPetitioners Can No.; CA -K -01 -108
V .
MONROE COUNTY, a political subdivision
of the State of Florlfa and JOSEPH PASKALIIC, in
his official capacity as Banding OfBelal,
Defendant/Respondents
/ \ y: / \�- �;__. - -►
h)IVV 1 fcil. 1 1' .
Plaintiil; CONCH CONh'RADA. L.C., A Florida Limited Liability Company (trOwA
Comtrada"), and Defendants. MONROE COUNTY, a political subdivision of the State of Florida
("Momroe County "), and JOSEPH PASKALIK, in his official capacity as Building Official
("Paslralik"). (collectively, the "Parties" j, previously resolved their diffarenaes 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 "If", w/o exhibits
c. The Second Amended Settlement Agreement (Osborne) dated May 16, 2006 attached
as Exhibit "C".
d. The Third Amended Settlement Apwjn nt 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".
£ 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 Agreerent as to Keys Federal Credit Union dated
August 11, 2008, as Successor in Interest to Richard K Osborne attached as Exhibit
«d»
I. The parties agree to amend the Fifth Amended Setdemern Agreement as to Coach
Contrada, L.C, as follows:
a Paragraph 1.8. (Paragraph 5 of the original Settlement Agreement) is hereby
amended to read:
l.a. Conch Contrails 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 developmeat orders refamd 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 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 costa incurred as ircoult 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 Contra&), and the Fitch Amended Settlement
Agreement shall remain in full force and effect
d. Paragraph 6 is hereby amended to read.
6. This Seventh Amended Agreeroer t 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 �/
0.x11 J� rr r"
Printed Name
By fi O�- ,1
Douglas Trevor, Manager
#- y r
Until this Seventh Amended Settlement Agreement has been approved by
the Court pursuant to the preceding Paragraph, the original Settlement Agreement and Judgment
Previously entercd, and any subsequent approved amendments or modifications shall remain in
full force and effect.
BOARD OF COUNTY COMMISSIONERS
OF MOLAR E COUNTY, FLORIDA
BYc�;
Maya�r/Ch :arson
U
MONROE COUNTY BUILDING OFFICIAL
BY:
JOS H WKALIK
MONROE COUNTYATTOgNEy
APPRO D AS TO FORM:
SUSAN M. IMSLEY
ASST T MTCOUNIYATTORNEY
F-ONCH CONTRADA, L.C.
A Florida limited liability Company
Name
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,
Plaintiffl'Petitioners, Case No. CA -K -01 -108
0
MONROE COUNTY, apolitical
subdivision of the State of Florida;
and JOSEPH PASKALIK, 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 PASKALIK, in his official capacity as
Building Official ( "Paskalik "), (collectively, the "Parties'D, 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 'W'.
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 "I ", w/o exhibits
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"
E 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. Osbome, 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..
1. The Keys Federal Credit Union, as successor m 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 ROGO Year 13 or the alternative 25,120 sq.
ft credit union, banldng or financial institution office facility in ROGO
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, I.C., 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
ATTEST:",
DANNY LKOJ
paragraph, the Original Settlement Agreement and Judgment previously
unmodified, and any subsequent approved amendments or
shall remain in full force an d e ff ec t.
B %4-Vu 2 i 5d—
Signature
BOARD OF UNTY COMMISSIONERS
OF MO OUN'TY -,
George — bieugent, Mayor
MONROE COUNTY BuiLDING
OFFICIAL
J6(eph Pidma
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
Signature of WIMess
Cindy Smw
Printqf Name of Witness
Signatur f Wi tte 6k
A M 10
Printed Name of Witness
By 0 � ? � Pre sid en t/CE O ��
EY
7 'ROBERT g/# JR.
CHIEFA430
!&MI NTY ATTORNEY
Date- !,t -
IN THE CIRCUIT COURT OF THE SDC MNM JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M.SBORNE, as Trustee; D"N 1812227
and CONCH CONTRADA, L.C., a 8141 24M Pstt 2M
Florida Limited Liability Company.
Plannhff/Petitioners, Case No. CA- K -01 -10$
V .
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKAL K, in his official m -n
capacity as Building Official, e
Defendant/Respondents o
-n
S p =� �: 7
TO RICHARD M. OSBORNE : �'
•• ur
Plaintiff KEYS FEDERAL CREDIT UNION ("Credit Union"), as successor is mtereat 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 17,20W, hereafter "Original Settlement
Agreement," attached hereto as Exhibit W.
�{,�
L b. The Amended Settlement Agreement dated March l9, 2003, attached hereto as
Exhibit "13".
c. The Second Amended Settlement Ag m=ent dated May 16, 200(, attached hereto as
Exhibit "C '.
<` PLAINTIFF'S' "
d. The Third Amended Settlement Agreement as to Conch Contrada, LC. dated May 16,
2006, attached hereto as Exhibit "D ". NzM 2M
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
nE"
f. The FiRh Amended Settlement Agreement as to Conch Contrada, L.C. dated February
21, 2007, aitachod 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 Contrads, LC., 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 '7.
L The parties hereby agree to amend the Eighth Amended Settlement Agreemat 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 M=cmr in interest to
Osborne, has received through the Eighth Amended Settlement Agreement
M4jor Conditional Use Approval to construct a 25,120 square foot credit
union, banking or financial institution office facility requiring 74 parkiog
spaces plus 4 handicap parking spaces during ROGO Year 19 (ending July
13,2011}
b. Paragraphs 3 is hereby amended to read:
c.,
d.
3. In accordance with the development orders referred to in paragraph
1 of the Original Settlement Agreement, Monroe County agrees to process
prornPtiy 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 Yeas 13 or the alternative 25,120 sq.
I 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 othar terms of the original Settlement Agreement dated July 17,
2002, and subsequent Amended Settlement Agreement, and Second
Amended Settlement Agremwt, 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. 'Ibis Ninth Amended Settlement Agit shall not be valid and
a
s
a
Y
binding upon the parties until approved by the Court and iraorporated imo
an Amended Final Judgment entered by the Court in these proceedings,
e. Paragraph 9 is hereby amended to rend:
9. Until this Ninth Amended Settlement Agreement has b een
approved by the Court pumuant to paragraph S above, the preceding
P� Original Settlement Agreement and Judgment previously
lered and ummodifU4 and any subsequent approved amendments or
edification shall remain in full force and effect.
B.
Deputy Clerk
Signature of Wrmess
Si®aatuue of Witness
of itaess
cJ er rDVSft+vSk�
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
sylvan M
0" 1112227
ftM 2W PW 2s�
MONROE COUNTY BUILDING
OFFICIAL
KEYS FEDERAL CREDIT UNION as
Successor in Intent to RICHARD M.
OSBORNE
l(lolw k Si+eaSs President/CE0
L--LiC MONRO U TTORN
Nam _ e Witness P O AS FOR .
S. SHILUNOER JJR.
MOMIN COUNTY
O "MI t. nffxA
IN THE CIRCUIT COURT OF THE SDCTEE M JUDICIAL.
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as'hustea
and CONCH CONTRADA, L.C., a
Florida Ti mited
oners, Case No. CA -K -01 -108
V .
MONROB COUNTY, a Political
subdivision of the State of Florida;
and JOSEPH PASKAL M in bis official
capacity of Building Official,
Ddmdaat/Rdpondaft
Plaintiff KEYS FEDERAL CREDIT UNION ("Credit Union', as srrcomm in interest to
Richard M. Odwme, TrwtM and, and Def ndana, MONROE COUNTY, a political subdivision
of the Sate of Florid: ('Monroe County"), and JOSEPH PASKALK in No official cqmcky sa
BWWWS Official ("Pa*alr&" (collectively, the "Parties', hning P amended a
settlement agreement m the above - styled action, and agreed to Credit Union;su0000ding Osborne
wcm ding to the right and duties contained in:
L The Settlement Agreement dated JWY 17, 2002, herd "Original Sew
Allt'a®aa %" attached han oo as Exi t W.
b. The Amended Settlement Agent dated March 19, 2003, attached hereto as
Exhibit "H".
Q The Second Amended Settlement Agreement dated May 16,20% atbched hereon as
Exhibit 'Co.
PLAINTWS
IT
d. The Third Amended Settlement Agmemant as to Cone Contrada, L.C. dated May 16,
2006, attached hereto as Exhibit "D ".
e. The Fourth Amended Settlement Agre mmt as to Keys Federal Cm M Union dated
February 21, 2007, as Smceasor in bgwW to Richard M. Osbome, Mdzd haft as Exhibit
'B•.
L The Fifth Amended Sdd mmt Agr as to Conch Co ttrada, L.C. dated February
21, 2007, attached hea to as Exhibit To.
& The Sixth Amended Sdtlea m tK Agreament as to Keys Fedaal Cm&t Union, m
Succ asar in Inter * to Richard M. Osborne; attaeited hafto as Exhibit - M
h. The Seventh Anlmded Settlement Agreement as to Coach ConUlm* LC., stlachod
herob as Exhibit OW.
L The Eighth Amended SeWl , d AgreamAd as to Keys Fadaal Credit Union, as
Suaxaaor in Iataftat to Richard M. Oabome, attached hereto as ExInl* , T
j. The Ninth Amended Sddmiad Agreement as to Kew Fedaal Credit Union, as
Suocearac in I dm* to Richard M. Odxxne, attached haft as Exhibit NP.
I. The gadaa hey to amend the Ninth Amended Sddcnla t Agoemag as to
Keys Fedaal Credit Union m Socceaaor in Interest to Richard hL Oabome ae follows:
L ParapVh 1 is hereby amaodod to red:
L Mw Keys Fedaal Credit Union, as srtooW= in Werid t
Osbome, has received through the Ninth Amended Settlemad Agramant
Major Conditional Use Approval to ocnetrnd a 25,120 a pn foot credit
moon, b=ldpg or flnudol institution office &C ft requiring 74 puldM
°p°0°a 1hs 4 hmd=W leg spama during ROGO Year 19 (ending July
13, 2011).
b. Paragraph 3 Is haeb meaM to read:
3. In mcmdmm with the davdapmeot ardem referred to in pusamph
1 of the Original Settllameot Age, Mauve C oul t Y arm to Peas
P OWAY Won aubmittd the application for building Permit by Odom or
his assigns for oonahuctkm of mini -dome wamboase per the Origiod
Sam Agee ammt dmiag ROGO Year 13 or the altanstive 25,120 sq.
I credit onion, bm*Wg or financial kgftudon office fact ty in ROW
Yaw 20 (July 14, 2011 @nvugb July 13, 2012).
CL Paragraph 7 is hereby amended to read;
7. All other tams of the odZW Settlement Asmameot dated Ady 17,
2002, and sabm pma Ammdad Settlement Agreement, and Second
Amaodod Sattlemaot Agraemen% Thad A Seal ®art Apmog
as to Conch Ccmtradr4 LC., Fourth Amaoded Settiment Agreement as to
Kayo Feda d Credit Union u 3ncc aaor in latere t to Riduc d M
Osbomz; Fifih Am mdad Sddaucal Agreement as to Coach Coahada,
L.C., Sixth Amended Sddm erg Ag am mt ss to Kays FadwW Credit
Union as Sucoe w in h tetost to Richard K Odxnw, Seventh Ammdod
Scttlemamt Agrmwd aS to Conch Coahada, LC, Fl&& Amended
Sattlammt Agmmnw as to Kays Fodad Cmdit Union, as Suocaaor is
Iaterast to Richud M. Osboma, and Ninth Amended Settlamaot
Agreement as to Kays Federal Cralit Uniog, as Sum=sar in Intmmg to
Riehud M. Osbm % Shall remain in NU fam and dfact.
d. Paragraph 8 is hereby amended to read:
B. This Tenth Amended Settlement Agreement shall not be valid and
IIWg up= the Partin >mdl approved by tho Coact and incorporated into
an Amended Final hdgtamt mtemd by the Court in these proceedings.
a Paragmph 9 is hereby mneoded to road;
9. Until this Tenth Ammded Setdammt Ag ammt bas been
approved by the Croat pr mrm to Paragraph 8 above, the pri
the OriSW Settlencut Agreameot sad JwWnw ply
catered and wed, and any sabmgtteat approved or
modilicatkm"remain in W &M and effect
ATTEST:
DANNY L..KOLHAOE
CLERK:
.!� I .� I l'�
L
B'
MONROE COUNTY BUIIAINO
OFFICIAL
BOARD OF COUNTY COhOMSIONMM
KEYS FEDERAL CREDIT UNION as
Su i i i n Inem* to RICHARD X
ONE
Sim of Y
HY CEO
"
Printed Name of witness
Of s�— - witaes'
Printed N of witness
MONaot
a".
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 -0 1 -108
�EC�IVED
A k`Q
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 "L"
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 ".
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 ".
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
I 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.&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
CLERK:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
Deputy Clerk
By: ZA4 e Ar'i
David Rice, Mayor
S' ,,f Witness,
, 51t fl,g' � J ey
.Printed Name of Witness
i tore of Witness
Printed 14ame of Witness
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
BY :_i�K
Scott Duzinski, President/CEO
MONROE WUNT'Y ATTORNEY
APPR.O�V I S T RM:
'N
ROBE T B. SHILLIN(3ER, JR.
CHIEF A"ISTANT COUNTY ATTORNEY
Oate:
s.