Item R9
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 17,2010
Bulk Item: Yes XX No
Division: County Attornev
Staff Contact Person: Bob Shillinger x 3470
AGENDA ITEM WORDING:
Authorization to execute Stipulation to Close File in Case No. 01CAI08K, Richard M. Osborne, Trustee
& Conch Contrada, L.c. v. Monroe County.
ITEM BACKGROUND:
The Stipulation would remove the case from the Court's active docket. However, the Court will retain
jurisdiction for subsequent motions, including amendments. Under the Eighth Amended Settlement
Agreement and Order Approving same, entered April 6, 2009, Keys Federal Credit Union ("KFCU") as
successor in interest to Richard M. Osborne has received Minor Cqnditional 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 RaGa Year 18 (ending July 13, 2010). Conch Contrada, L.c.,
per ih Amended Settlement Agreement as to Conch Contrada LC (2/1 0/2009), the company, after the
approval of Amended Conditional Use Order and application for a building permit, had the option to
construct a 7500 sq-ft. restaurant OR a 7500 sq-ft medium-intensity, mixed use retail and/or
office/professional use facility by 12/1109.
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-
COST TO COUNTY:
-0-
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ---..1L
DOCUMENTATION: Included
OMB/Purchasing _ Risk Management_
x NotRequired_
DISPOSITION:
AGENDA ITEM #
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.,
Florida Limited Liability Company,
Plaintiff/Peti ti oners,
Case No. CA-K-Ol-108
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
Defendants/Respondents.
/
STIPULATION AND ORDER
TO CLOSE FILE
-
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 P ASKALIK, 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 close this file at the request of the Court, with the Court retaining
jurisdiction for subsequent motions, including amendments.
ATTEST:
DANNY L. KOLHAGE
CLERK:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By:
By:
Deputy Clerk
Sylvia Murphy, Mayor
MONROE COUNTY BUILDING
OFFICIAL
Signature of Witness
By:
Joseph Paskalik
Signature of Witness
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RlCHARD M.
OSBORNE, By counsel
~ vi ffiv-><-
.rAdele V. Stones
Stones & Cardenas
221 Simonton Street
Key Wes~, FL 33040
(305) 294-0252
FBN: 331880
ORDER
THIS CAUSE coming before the Court upon stipulation of counsel, directs the Clerk of
Court to close this file, with the Court retaining jurisdiction for subsequent motions, including
amendments.
DONE AND ORDERED in Chambers this _ day of
,~;w I 0
David J. Audlin, Circuit Court Judge
Original Settlement Agreement dated 7-17-09:
OsbornejKFCU Conch Contrada, L.C.
Approval of Major Conditional Use to Minor Conditional Use Development
construct 35,200 sq-ft mini-storage Order (OR 1654/1591) in full force &
warehouse with parking variance during effect to construct a 7500 sq-ft.
ROGO Yr 12 restaurant, relocate existing sewage
treatment facility and locate shared
driveway (ROGO Yr 11)
Amended Settlement Agreement dated 8/19/03:
OsbornejKFCU Conch Contrada, L.C.
Alternate Use allowed to construct a 25,120 No amendments
sq-ft. credit union, banking or financial
institution office facility with 74 parking
spaces + 4 handicap spaces during ROGO Yr
14
Second Amended Settlement Agreement recorded 6/22/06:
OsbornejKFCU Conch Contrada, L.c.
KFCU appears as Successor-in-Interest to No amendments
Richard M. Osborne; Alternate Use allowed -
to construct a 25,120 sq-ft. credit union,
banking or financial institution office facility
with 74 parking spaces + 4 handicap spaces
during ROGO Yr 15; Mini-storage
Warehouse criteria still option
3rd Amended Settlement Agreement as to Conch Contrada, L.C.
Dated 5/16/06:
OsbornejKFCU Conch Contrada, L.c.
No amendments Conch Contrada will submit an
application for Amended Conditional
Use Order reflecting the intended
change in use; upon approval of same
by the Planning Director, and
application for a bldg. permit by CC, it
has the option to construct a 7500 sq-
ft restaurant OR a 7500 sq-ft
medium-intensity, mixed use retail
and/or office/professional use facility
during ROGO Yr 15; (Conch Contrada
not exempt from connection to central
sewage system when one becomes
available, )
4th Amended Settlement Agreement as to KFCU,
Successor-in-Interest to Richard M. Osborne (1/30/07):
OsbornejKFCU Conch Contrada, L.c.
Alternate Use allowed to construct a 25,120 No amendments
sq-ft. credit union, banking or financial
institution office facility with 74 parking
spaces + 4 handicap spaces during ROGO Yr
16; Mini-storage Wa rehouse construction
option still exists; County will promptly
process bldg. permits for either the mini-
storage warehouse during ROGO Yr 12 OR
the 25,120 Sq-ft credit union during ROGO
Yr 16
5th Amended Settlement Agreement as to Conch Contrada, L.C.,
1-30-2007:
OsbornejKFCU Conch Contrada, L.c.
No amendments Conch Contrada will submit an
application for Amended Conditional
Use Order reflecting the intended
change in use; upon approval of same
by the Planning Director, and
application for a bldg. permit by CC, it
has the option to'construct a 7500 sq-
ft restaurant OR a 7500 sq-ft
medium-intensity, mixed use retail
and/or office/professional use facility
during ROGO Yr 16 (7-14-07 thru 7-
13-08)
6th Amended Settlement Agreement as to KFCU,
Successor-in-Interest to Richard M. Osborne (8/11/08):
OsbornejKFCU Conch Contrada, L.C.
Alternate Use allowed to construct a No amendment
25,120 sq-ft. credit union, banking or
financial institution office facility with 74
parking spaces + 4 handicap spaces during
ROGO Yr 16; Mini-storage Warehouse
construction option still open; County will
promptly process permit for either the mini-
storage warehouse during ROGO Yr 12 or
the 25,120 sq-ft credit union during ROGO
Yr 17 (endinq 7-13-09)
7th Amended Settlement Agreement
as to Conch Contrada, L.C. (2-10-09):
OsbornejKFCU Conch Contrada, L.c.
No amendment Conch Contrada will submit an
application for Amended Conditional
Use Order reflecting the intended
change in use; upon approval of same
by the Planning Director, and
application for a bldg. permit by CCI it
has the option to construct a 7500 sq-
ft restaurant OR a 7500 sq-ft
medium-intensity, mixed use retail
and/or office/professional use facility
by 12-1-09
8th Amended Settlement Agreement as to KFCU,
Successor-in-Interest to Richard M. ~sborne (4/6/09):
OsbornejKFCU Conch Contrada, L.C.
Alternate Use allowed to construct a 25/120 No amendment
sq-ft. credit unionl banking or financial
institution office facility with 74 parking
spaces + 4 handicap spaces during ROGO Yr
16; Option still exists for construction of a -
25,120 sq-ft mini-storage warehouse;
County will promptly process the bldg.
permit for either the mini-storage
warehouse during RaGa Yr 12 OR the
25,120 Sq-ft credit union during ROGO Yr
18 (endinq 7-13-2010)