Item P04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
3/18/09 - MAR
Division:
County Attorney
Bulk Item: Yes ~ No
Staff Contact: Bob Shillinger x3470
AGENDA ITEM WORDING:
Approval of Eighth Amended Settlement Agreement in Richard M Osborne & Conch Contrada LC v.
Monroe County & Joe Paskalik, CA K 01-108.
ITEM BACKGROUND:
Under the proposed Eighth Amended Settlement Agreement, Keys Federal Credit Union as successor in
interest to Plaintiff Richard M. Osborne is seeking an additional one year deferral of the proposed
development already agreed to in the settlement agreement. The projects would be deferred until
ROGO Year 18 (July 14, 2009 to July 13,2010). This proposed amendment does not affect the revised
settlement agreement entered into with Conch Contrada L. C.
PREVIOUS RELEVANT BOCC ACTION:
In July 2002, BOCC approved a settlement agreement with both Osborne and Conch Contrada settling
an inverse condemnation case by authorizing specified development on two properties fronting U.S. 1
on Stock Island.
Under original settlement agreement, Osborne was granted authorization to build a 35,200 sq.ft. mini
storage warehouse, a major conditional use, and received a parking variance from 105 spaces to 87
spaces. In March of 2003, the parties agreed to amend Osborne's settlem~nt agreement to authorize a
25,120 sq. ft. banking facility' by end of ROGO Year 14 instead of the ministorage warehouse and
reduced parking to 78 spaces due to smaller scale of project.
The deadline for this development was previously extended by amended agreements, the most recent
approved by the Board on 6/18/08 (as to Keys Federal Credit Union as successor in interest to Plantiff
Richard M. Osborne) extending the deadline to July 13, 2009 The proposed Eighth Amendment
extends the time periods an additional twelve (12) months to July 13,2010.
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
nla
INDIRECT COST:
BUDGETED: nla
COST TO COUNTY:
n/a
SOURCE OF FUNDS: n/a
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH n/a
Year nla
APPROVED BY: County Atty _ OI\1B/Purchasing _ Risk Management _
DOCUMENTATION:
Included xx:
Not Required_
DISPOSITION:
AGENDA ITEM #
STONES & CARDENAS
ATTORNEYS AT LAW
221 SIMONTON STREET, KEY WEST, FL 33040
TELEPHONE (305) 294-0252 FAX (305) 292-5442
ADELE VIRGINIA STONES, P.A.
SUSAN M. CARDENAS, P.A.
February 17, 2009
Bob Schillinger, Esq.
County Attorney's Office
PO Box 1026
Key West, FL 33041
Re: Richard Osborne, Trustee and Conch Contrada, LC v. MOlioe County. et. al.
Case No. CA-K-OI-I08
Dear Mr. Schillinger:
Please consider this letter as a request to extend the time periods contained in the Sixth Amended
Settlement Agreement approved by the Board of County Commission on June 18,2008, for an
additional twelve (12) months to allow Keys Federal Credit Union (Successor to Richard
Osborne) time to explore alternatives to site development as currently approved.
In order to protect the development rights conferred by the Sixth Amended Settlement
Agreement, an extension of the deadline for submittal of the building permit is requested. The
County recently granted a Seventh Amendment to the Co-Plaintiff extending separately the
development deadline for Conch Contrada.
I have prepared and proposed a Eighth Amendment to the Settlement Agreement for your review.
Please advise what further step(s) may be required for consideration and approval of this request
by placement before the Board of County Commissioners.
Thank you for your attention to this request.
Sinc rely Yours,
~
Adele V. Stones
A VS/cms
c: Craig Company
client
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/Peti tioners,
Case No. CA-K-OI-I08
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
DefendantlRespondents
/
ORDER APPROVING
EIGHTH 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 Eighth Amended
Settlement Agreement entered into by the parties and finding same to be acceptable, it is
ADJUDGED that the Eighth Amended Settlement Agreement is approved. The Court
shall retain jurisdiction over the parties to enforce the terms of the Agreenient contained therein.
DONE AND ORDERED at Key West, Monroe County, Florida this
,2009.
day of
CIRCUIT 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/P eti tioners,
Case No. CA-K-OI-I08
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, 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"), 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".
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 "R".
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 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
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 RaGa Year 13 or the alternative 25,120 sq.
ft. credit union, banking or financial institution office facility in RaGa
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, 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.
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
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
By:
Deputy Clerk
By:
George Neugent, Mayor
MONROE COUNTY BUILDING
OFFICIAL
Signature of Witness
By:
Joseph Paskalik
Signature of Witness
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
By:#rtuT~
Rbbert Watson, President/CEO
IN THE CI~CUIT COURT OF TIlE SIXTEENTR JUDICIAL
CIRCUI'F.'IN AND FOR MONROE COUNTY, FLORIDA,
RICHARD M. OSBORDJE, as Trllstee~ '
and CONCH CONTMDA, iL.C.. a
Florida Limited Lia~ility COmpany,
Plaintiffs! Petitioners,.
C(;lse No. ,CAfe-OI-I08
v.
MONROE COUNTY, a political
subdivision of the State of Flbrida;
.and JOSEPH P ASKALIK, in his official
capacity as Building Official,
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Defendant/ Respondents.
CONTRAfJA, L.C., a Florida Limited Liability ComRany ("Conch Contrada"). and
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Defendants, MONROE COUNTY, " political subdivi~ion of the State of Florida
("Monroe County"), and JdSiePH P ASKALlK, in his: official capacity as Building
Omeial ("Paskalik"), haVing ~ll)iCabIY resolved their diff~rences which gave risc to this
action, hereby .greo to settlel t~is matter between them ltpon the fOllOwing tern" and
'conditions: ' ' : I
I'laintifjs RICHARD M. OSBORNE, as Trustee ("Osborne"), and CONCH
,
SETTLEMENT AGREEMENT
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I. As to Osborne" M;onroc County agrees; a),t1 at a Major Conditional Us~ to
construct a 35.200 sq. ft. min+torage warehouse has'be~n approved, with conditions, by
Monroe County Planning ComFlssion on January 27" 199~, undor Resolution No: 1'3.97.
recorded at O. R. Book 1446, b~ges 2205 . 2207; b)' that a variance with regard to off-
street parking, rcducing the nuiqer Orrequired parking SPices from 1.0 to 2.5 pCI' 1,000
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Exhibit HAil
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sq. 1\. of tIoor area for the proposed mini.,torage warehouse was gra~ted by the Monroe
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County PIanoing Commission on January 17, 1997, under ~esoIutioniNo. P2.97: and, c)
that both development orders are presently valid and in full force and, effect. .
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2. As to Conch Contradal L.e., Monroe County agree~: a) that a Minor
Conditional Use Development Order No. 5-99 to construct one t,500 square loot
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restaurant, to relocate an. existing ,ewage treatment. facility, !U1d tt locate a shared
driveway, WaR approved, with conditions, by lhe Planning Director of/honroe County 011
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^ ugust 4, 2000, recorded in OR /lock 1654, pages 1591.1 595; jmd, b) tlult this
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development order is presentli valid and in full force and effect. i
3. Notwitbstanding anything in any of the d.evelopment of4ers referred to in
paragraphs 1 Or 2, above (~nd, speeltlcally Condition No. 1 in fConditionai Use
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Development Order No. 5-99.j, or any other provision of th~ Comp~hellSive Plan or
Ordinances of M.()~roe Countyl no building pel1nit shaU be denied to either Osborne Or
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Conch Contrada, L.C., 011 the basis of Monroe COUllty'S regulations [relating to non-
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residential rate or growth or th adoPtion (or lack of adoption) of a nonrfsidentiaI permit
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aUoeation system Or its eqUiVaJtt, inclnding, but not limited to, the regilations 'et forth
. in M on roe County comprehen~ive Plan Policies I 0 I.3. ] through ] 0 1.3~5, nnd Monroe
County Ordinance No. 032-2001. !
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4. In accordance 1th tbe development orders referred to ~ paragraph.l,
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above, Monroe COlmtyagrees to process p.romptly upon submittal O'bor+e" application
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for building permit for con'twction of a 35,200 sq. ft. mini-,torage war~ouse in ROGa
Year 12 (July 14. 2003)through July 13,2004).
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5. In accordance with the development order referred to in paragraph 2,
ahove, 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
relocate an existing sewage treatment facility, and to locate a shared driveway, in ROGQ
Y~flr Jl (July 14,2002, thr:oughJuly 13,2003).
6. Except as bxprcssly provided herein, Osborne and Conch Contractu, L.e.,
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Monroe County and PaskaIik, waive any claim that each asseqed or was capable of
asserting in this cause and each shall bear its oVvn attorney's fees and costs of this
proceeding. In particular, and without limitation, Osborne and Conch Contrada, L.C., on
beba] I' 0 I' tbemse] ves, their members. beneficiari es and any others claiming by or tbrough
thern, waive all claims for damages and ~ompensation for denial of due process and
inverse condemnation (also referred to as regulatory or tempomry taking) arising from
the County's actions and regulations prior to tbe 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 constilute an admission Or evidence rhat any
aClions 01' Mouroe Conuty or its employees that Plaintiffs complain of were, unlawful,
Ul1constitu~ional or deprived Plaint~trs or any others of any rights 0
Charles 'I onny"
Monroe County
Dated 0 7'" (7.. O~
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Approv~~al sufficiency
By:
Mark s. Ulmer, Esq.
Special Counse~ to Monroe County
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'::)bsepll Paskalik, as Building OffICial
For Monroe County'
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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,
Plaintiffi'Petitioners,
Case No. CA..K-Q 1 ~ 1 08
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
DefendantlRespondents
/
AMENQEQ SEITLEMENT AO~EMENT
Plaintiff! RICHARD M. OSBORNE, as Trustee (UOsbome"), and CONCH
CONTRADA, L.C., a Florida Limited Liability Company ("Conch Contradatt), and Defendants,
MONROE COUNTY, a political subdivision of the State of Florida CIMonroe COWlty"), and
JOSEPH PASKALIK, in his official capacity as Building Official C1paskalne'), previously
resolved their differences which gave rise to tho above-styled action, wherein the parties agreed
to settle the matter between them upon the terms and conditions recited in the Settlement
Agreement dated July 17, 2002, hereinafter uOrlginal Settlement Agreement," attached hereto as
Exhibit ItN'.
1. The major conditional use 'granted to Osborne to construct a 35,200 square foot
mIni~storage warehouso with 84 parking spaces plus 4 handicap spaces during
ROGO Year 12~ through tlio Original Settlement Agreemen~ shall bo amended to
allow an alternato. use con $isting of construction of 25 ~ 120 square foot credit
union, banking or fmaneiaJj institution office facility requiring 74 parking spaces,
I
plus 4 bandicap parking spaces during ROOO Year 14.
Exhibit liB", w/o exhibits
2. Notwithstanding anything in any of the development orders refelTed to in the
Original Settlement Agreement, or any other pl"9vision of the Comprehensive
Plan or Ordinances of Monroe County, no building pennit shall be denied to
Osborne on the basis of Monroe County's regulations reZating to nonM!'esidential
rate of growth or the adoption (or lack of adoption) of it nonresidential permit
allocation system or its equivalent, incJuding, but not limited to, tho regulations
set forth in Monroe County Comprehensive Plan P~licies 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 Agreemen~ Monroe County agrees to process promptly upon
submittal the application for building penni~ by Osborne or his assigns for
construction ofmini~storage warehouse per the Ori~ Settlement Agreement
during ROOa Year 12 or the alternative 25,120 sq. ft, credit union, banking or
financial institution office facility in ROGa Year 14 (July (4) 2005, through July
13,2006).
4. Except as expressly provided herein, Osborne and Monroe County and Paskalik,
waive any claim that each 8!8ertcd 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 itself: 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 condemnation
(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.
5. PlaintiffOsbome, in cooperation with Monroe County~ will prepare and submit to
the Court pleadings or notice required to ad~ the Amended Settlement
Agreement.
6. All parties acknowledge that the Original Settlement A'greement was entered into
for the purpose of settling pending litigation and that this Amended Settlement
Agreement does not constitute an admission or evi9ence 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.
7. All other terms of the Original Settlement Agreement dated July 17,2002. shall
remain in full force and effect.
8. A County <Code Enforcoment lien cUlTentIy encumbers the property. This lien
will be addressed in a separate agreement between Osborne and the County,
9. This Amended Agroement 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.
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 full force and effect.
ATTEST: _ ,'. _'~"'.'
DANNY L. KOLHAGE " /,;'....' ..," ,
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CLERK: t.~ ~~~:.'f ,..';.-" \
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By: Q. .
Deputy Clerk
Dated tJ3'" J 9"'''~
S~~W'S1J";'"
Printed Name of Witness
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By: -0~~D~ip*d;1.
\
MONROE CO~~.. ING On:lCIAL
By:~
Jo.eph Paskal.tk
RICHARD. M. OSBO~rn_
By: 4L3t1 -
,tJ~ .I/. Y -.IP- ~
IN THE CIRCUiT QOURT OF THE SIX"TEENTH JUDICIAL
CIR~T IN A!'U> FOR MONROE .cOUNTY, '~~A
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RICHARD M. OSJ:3QRNE, M Trust~ .1
and CONCH CONTRADA, L.Co, II ~
Florida Limited Liability Company,. " .
Plaintift/Pctitioners, Case No, C wK-OI-I08
I
v.
MONROE COUNTY, & political '
subdivision oftbe St&te of Florid&;
and JOSEPH PASKALIK, in his o,fficla1
capacity as Building Official,
Dcfendant/Respondent3
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SECOND AMENtlED SETTLEMENT AGRERMBNI
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Ftaintiffl RICHARD M, OSBOlrnEl 811 Trustee (1l0sbomell), and I CONCH CONTRADA.
L.C., a Florida Limited LiAbility Company (IlConch Contrada"), and ~s, MONROE
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COUNTY. It. politic&. subdivision of the State ofFlorlda ("Monroe CountY"), and JOSEPH
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P ASKALIK, in his official capacity as Building Offici.sJ C'PaslcaHkll), previPuaIy resolved their
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differences which gave rise to the above-8tyIed action, wherein tho parties agroed to settle thtl
matter between them upon the term.8 and: conditions recited in the 8mt:lem nt Agreement dated
July 17, 2002, hereinofler "Origliw sk,ement Asmmont, " attaohod 0 .. Exhibit "A". On
Mamh 19, 2003, tho Board ~feounJ C;oOll1liJsionlll:ll of Monroe County ~ovod tho ~~
SettlemClllt AgrOOl!l<lllt, hereinafter "~endod Settlement Agroommn" ~ hor..to .. Exhihlt
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The parties agree to amend tht (amended) settlement agreement asyoDows;
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1, Tho Keys Federal Crit Union, as successor in interest to (i)sbomel has received
through tho Amended folt'omont Agr.....ent Major Condlti~ U.. Appl'OVll! to
I
Exhibit lIC'\ w/o exhibits
construct a 25,120 square foot credit union, banking or financial institution office
facility requiring 74 parking spaces plus 4 handicap parking spaces during RooO
Year 15.
2. Notwithstanding anything in any of the development orders referred to in the
Original or Amended Settlement Agreement, or any other provision of the
Comprehensivo Plan or Ordinances of Monroe County, no building permit shall be
denied to Osborne on tho basis ofMomoe County's regulations relating to non-
residential rate of growth or the adoption (or lack of Jldoption) of a nonresidential
permit allocation system or it! equivalent, including, but not limited to, the
regulations set forth in Monroe County Comprehemive Plan Policies 10],3.]
through 101.3.5, and Monroe County Ordinance No. 032-2001.
3. fn accordance with the development orden referred to in paragraph 1 of the
Original Settlement Agreement, Monroe County agrees to process promptly upon
submitml the application for building permit by Osborne or his usigm for
COnstruction of mini-storage warehouse per the 0riginaJ Settlement Agreement
during ROGO Year 12 or the alternatiw 25,120 sq. ft. ~t uoion, banking or
financial institution office facility in ROGO Year 15 (July 14, 2006, through July
13, 2007).
4. Except as expressly provided herein, Osborne and Monroe County and Paskalik,
waive any claim that each asserted or was capable of W<<ting in this cause and
each shall bear its own attorney's fees and costs ofthia proceeding. In particular,
and without limitation, Osborne, on behalf of itself. their heirs, successora,
beneliciaries 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 ootbi! Amended Settlement .J\greernent..
5. 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 acknowledge 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 u~ i'
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unconstitutional or deprived Plaintiffs or any others. of any rights or pr ~~ N
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All other,tenns of the 0rig.inaI Settlement Ag:r~t dated July 17, 20~~ !i
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remain in fu11 force and effect. ~ ~~ 'R
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This Secoo.d Ammded ~ent shalt not be valid and binding upon the parties
7.
8.
until approved by the Court and incorporated into an Amended Fmal Judgment
entered by the Court in these proce.edinga.
9. Until this Second Amended Settlement Agreement has been approved by the Court
pursuant to Paragraph 8 above, the Original Settlement Agreement and Judgment
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;x~~.,:..~' ,'--' J: >~.:tmwious1y entered and unmodified shall remain in full force and effect.
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SIONERS
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MONROE COUNTY Btm.DlNG OFFICIAL
By. ~0"L ~':AJJ
, Joseph Paslcalik
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, SIgnature ofWrtness
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Printed Name of Witness
KEYS FEDERAL CREDIT UNION as
Successor and Interest to RICHARD OSBORNE
BY:~
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT ~ AND FOR MONROE COUNTY, FLORIDA
RICHAR,D M OSBORNE, 8S Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
P1aintifi7petitioners,
Cll8e No. CAwK-Ol-108
v,
MONROE COUNTY, a political ,
subdivision of the State ofFtorida;
and JOSEPH PASKALIK, in his official
capacity sa Building Official,
Defendant!Respondents
I
THIRD AMBNnP.O SBTTLBMEN1' AGR"REMENT AS TO CONCH CONTRADA. L,C,
PJaintiffCONCH CON'TRADA, L.e., a Florida Limite;d Liability Company ("Conch
Contrada"), and Def~ant5, MONROE COUNTr. a political subdivisiOn of tho State of Florida.
("Monroe County"), and JOSEPf! PASKALIK, in his official capacity u Building Official
C'IPasblikll), (colle<<ively, the "Parties1t), previously resolved their differences which gave rise to
the above-.styled action, wherein the parties agreed to settle the matter between them upon the
tenns and conditions recited in paragraphs 2,3, and 5 in the Settlement Agreement dated July 17,
2002, hereinafter "Original Settlement Agreement;" attached hereto at Exhibit" An. The
Settlement Agreement was previoullly amended to provide for a change in the conditional use and
to extend the time period fur bwlcling permit application and construction of the approved
'~
conditional use,
1, The parties agtee to. amend the (second) Amended Settlement Agreement as
follows:
a. Paragraph S is amended to now read:
Exhibit "D", wlo exhibits
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 subj~ 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 pro~
promptly upon submittal the application for building pennit by Conch
Contrada or ita wigm fur conmuction of one 7,500 square foot
restaurant, or as an alternative, a 7,500 square foot medium.intens,ity.
mixed U!e, retail and/or office/professional use thcility in ROGO Ytm 1$
(July 14, 2006 - July 13,2007).
2, The parties furtber agreed that no provision in this agreement shall exempt Plaintiff
Conch Contrada LC from any requirements imposed by statute and/or ordinance to
connect to a central sewage system when one becomes ~avaiJablo" as that term is
defined by statute and/or ordinance.
3. Plaintiff Conch Contrada, in cooperation with Monroe County, will prepare and
submit to the Court pleadings or notice required to address thb Amended
Settlement Agreement. Conch Contrada shall pay any costs incurred as a resuh of
filing this Second Amended Settlement Agreement and any associated pteadioS8 or
notices with the exception that each party shall bear its own attorney'!l fees.
4, AJI parties acknowledge that the original agreement was entered into for the
purpose of settling pending litigation and that this Second Amended Settlement
Agreement does not constitute an admission or evidence that any actioDs of
Monroe County or its employees that Plamtiff's Complain of were unlawtltl,
unconstitutional or deprived PlaintiffS 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 Board on or about January 19, 2005, especially as it pertains to
ConGh Contrada, L,C., shall remain in full force and effect.
6. ThiA Amended Agreement BbaJl not be valid and binding upon the parties until
approved by the Court and incorporated into a Third Amended Final Judgment
7.
entered by the Court in these proceedings. ~
S 0 lit
Until this Third Amended Settlement Agreerne~ has been approved. ~~~
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pursuant to the preceding paragraph, the Original Settlement Agreemeg~ ~
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Judgment previously entered, and any subsequent approved am~9!:~
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modifications shall remain in full force and effect.
BOARD OF CO
OMMISSlONERS
MONROE COUNTY BLDG. OFFICIAL
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Printed Name of Witness
CON1CO~
By: :E' ~A-I"r-t ~
Lib Y Trevor~ '-
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCD.Ir IN AND FOR MONROE COUNTY; FLORIDA
RICHARD M. OSBORNE, as Trustee~
and CONCH CONTRADA, L.c., a
Florida Limited Liability Cbrrtpany,
Plaintifflpeti tioners,
I
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,
Defendant/Respondents
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FOURTH AMENDED SETTLEJ\1ENT AGREBi\1ENT AS TO
KEYS FEDERAL CREDIT UNION, AS SUCCESSOR IN INTEREST
TO RICHARD M. OSBORNE
Plaintiff KEYS FEDERAL CREDIT UNION ("Credit Unionl~), as successor in interest to
Richard M, Osborne, Trustee, and Defendants, MONROE COUNTY, a political subdivision of
the State of Florida (HMonroe County"), and JOSEPH P ASKALIK, in his official capacity as
Building Official C'Paskaliktl), (collectively, the flPartiesfl), 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 "All.
b. The Amended Settlement Agreement dated March 19; 2003, attached hereto as
Exhibit liB".
c, The Second Amended Settlement Agreement dated May 16, 2006 attached as
Exhibit "CII.
Exhibit "E", w/o exhibits
d. The Third Amended Settlement Agreement as to Conch Contrada, L. C. dated May 16,
2006 attached as Exhibit "Du..
1, 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
Obsome, 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 pennit
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).
2
c. Paragraph 7 is hereby amended to read:
7. All other tenus or 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 fun 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 unmodifie~ and any subsequent
approved amendments or modifications shall remain in full force
and effect.
3
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CLERK 6p.tE, ,~ T
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rJeputy Clerk
Signature of Witness
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Printed Name of Witness
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Signature of Witness
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Printed Name of Witness
BOARD OF COUNTy C0111v.USSIONERS
OF MONR... 'OE COUNTY, FLORIDr.. /"
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By; ,/',/ . :rflc..-.z--t; ! ~ -' '--'
Mayor/Chairperson
:o~y~
Joseph Pas alik
KEYS FEDERAL CREDIT UNION as Successor
in Interest to RICHARD M. OSBORNE
By ~
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IN THE'CIRCUIT, COURT OF THE SIXTEENT.H JUDICIAL
CIRCUIT IN P~ND FOR MONROE COUNTY, FLORIDA
RICHARD M, OSBORNE, as Tmstee;
and CONCHCONTRADA, L.e., a
Florida Limited Liability Company,
PI aintiffi'?eti ti oners,'
CaseNo,;CA-K~Ol ~ 1 08.,
v.
'- . ~ .
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, in his officiai
capacity as Building Official,
Defendant/Respondents
I
FIFTH AMENDED SETTLEMENT AGREEMENT AS TO CONCH CONTRADA L.e,
Plaintiff CONCH CONTRADA, L. C., a Florida Limited Liability Company C'Conch
Contrada"), and Defendants, MONROE COl:JNTY, a political subdivision of the State of Florida
("Monroe County"), and JOSEPH P ASKALIK, in his official capacity as Building Official
(IIPaskalikll), (collectively, the HPartiesll), previously resolved their differences which gave rise to
the above-styled action, therein 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 IIOriginal Settlement
Agreement, II attached hereto as Exhibit "A",
b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as
Exhibit liB".
c. The Second Amended Settlement Agreement (Osborne) dated May 16, 2006
attached as Exhibit II'CI,
n'
Exhibit nFl!, w/o exhibits
{ ," . l,.
d. The Third Amended Settlement Agreement as to Conch Contrada, L. C. dated May
16,2006 attached as Exhibit "D".
1. The parties hereby agree to amend the Third Amended Settlement Agreement as
.. I .">
follows:
,~ I "
a. Paragraph l.a. (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 i1;ltended 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 Sfttlement Agreement. Conch Contrada shall pay any costs incurred as a
'> ' ...
result offiling this Fifth Amended Settlement Agreement and any associated
pleadings or notices w~th the exception that each party shall bear its OWn attorney's
fees.
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c. Paragraph 4 is hereby amended to read:
4. AU 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
Seftlemen~ 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 Fifth Amended Agreement shall not be valid and binding upon
the parties until approved by the Court and incorporated into a Fifth 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 pl,lfsuant to the preceding paragraph, the original Settlement
Agreement and Judgment previously entered, and any subs~quent approved
amendments or modifications shall remain in full force and effect.
3
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CLERK bF,'THJE;~:OURT
BOARD OF COUNTY COMlvtlSSrONERS
OF MONROE COUNTY, 'FLORIDA.
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By: 11:'fl,'f-'f.. (.' .....- -
Mayor/Chairperson
MONROE COUNTY ATTORNEY
OVED AS 1 M'
BO--L~/
/ Deputy Clerk
Sig~ature of WI"
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Pnnted Name of Witness
MONROE COUNTY BUILDING OFFICIAL
By~L~
Joseph Paskalik
~~r~~
kG ~J ~ \,'liENS INC.]
Pri a Name of Witness
CONCH CONTRADA, L.c.
By: 6>." IJ~~..e'Y-,5L....
Libby evor
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.e., a
Florida Limited Liability Company,
Plaintiffi'Petiti 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,
Defendant/Respondents
/
SIXTH AMENDED SETTLEI\1ENT AGREEMENT AS TO
KEYS FEDERAL CREDIT UNION, AS SUCCESSOR IN INTEREST
TO RICHARD M. OSBORNE
Plaintiff KEYS FEDERAL CREDIT UNION ("Credit Unionlf), as successor in interest to
Richard M. Osborne, Trustee, and, and Defendants, MONROE COUNTY, a political subdivision
of the State of Florida C'Monroe Countylf), and JOSEPH P ASKALIK, in his official capacity as
Building Official (IlPaskalik"), (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 "0riginal Settlement
Agreement, II attached hereto as Exhibit II A".
b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as
Exhibit liB II.
c. The Second Amended Settlement Agreement dated May 16, 2006 attached as Exhibit
"CIt.
Exhibit "G", w/o exhibits
d. The Third Amended Settlement Agreement as to Conch Contrada, L.c. dated May 16,
2006 attached as Exhibit liD".
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 "Ell.
r 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 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, Le., Fourth Amended Settlement Agreement as to
Keys Federal Credit Union as Successor in Interest 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, the
Original Settlement Agreement and Judgment previously entered and
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Deputy Clerk
unmodified, and any subsequent approved amendments or modification
BOARD OF COUNTY CO~SSI~RS
OF MOT-DE COUNTY f! , V
By;?-~-&l) M)/~ .~.
Mario Di Gennaro, Mayor
~~..
ignature of itness
Seo']} b v S:cy JJ$ k- j
Printed Name of Witness
.13:ttt-~ W (!Cfj7i>
Signatur~of Witness
16~;{1;tGU/) li Wet-itS
Printed~ame of Witness
MONROE COUNTY BUILDING
OFFICIAL
~/.
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By: ~/J l/ ~
ly eph Paskalik
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
By;t?&~LJe
/ President/CEO
OBERT B. SHILL! R, JR.
CHIEF ASSISTA.lf.~C~NTY ATTORNEY
Date: _-&_::-__.. .- - . -
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
Case No.: CA-K-OI-I08
v.
MONROE COUNTY~ a political subdivision
of the State of Florida and JOSEPH P ASKALll<, in
his official capacity as Building Official,
DefendantlRespondents
/
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 P ASKALIK, in his official capacity as Building Official
("Paskalik"), (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. 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
"G" ,
1. The parties agree to amend the Fifth Amended Settlement Agreement as to Conch
Contrada, L.e. 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 ofthe 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 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 Agreelt\ent 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 C01:trt and incorporated into a Seventh Amended Final Judgment
entered by the Court in these proceedings.
e, Paragraph 7 is hereby amended to read:
~~
Witness \../ ~
]) ~ VI ^- '" L~ t e.-v-
Printed Name
By: jO~ ~/L/l
Douglas Trevor, Manager
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.
MONROE COUNTY BUILDING OFFICIAL
BY:~~
J08 PH P ASKALIK
~M"~V01 CONCHCONTRADA,L.C.'
~ess , I ^ 1 ~QS : C5A.. Florida limited liability Company
Bill ot V\j, V~
Printed Name