1st Amendment 03/19/2003
Clerk 0111le
Circuh coun
Danny L. Kolhage
Phone: 292-3550 Fax: 295-3663
Memnrandum
To:
Richard Collins, County Attorney
Attn:
Jan Hotalen
Isabel C. DeSantis' ,)
Deputy Clerk ~
From:
Date:
Wednesday, April 09, 2003
At the meeting of March 19, 2003, the Board approved the following:
Amended Settlement Agreement in Osbourne, et al. v. Monroe County, Case No.
CA-K-OI-I08.
Enclosed please find three fully-executed duplicate originals of the subject
document for your handling. Should you have any questions concerning the above,
please do not hesitate to contact this office.
Copies: File V
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,
Plaintiff/Peti tioners,
Case No. CA-K-01-108
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
I
AMENDED SETTLEMENT AGREEMENT
Plaintiffs RICHARD M. OSBORNE, as Trustee ("Osborne"), and 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"), 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 the Settlement
Agreement dated July 17,2002, hereinafter "Original Settlement Agreement," attached hereto as
Exhibit "A".
1. The major conditional use granted to Osborne to construct a 35,200 square foot
mini-storage warehouse with 84 parking spaces plus 4 handicap spaces during
ROGO Year 12, through the Original Settlement Agreement, shall be amended to
allow an alternate use con sisting of construction of 25, 120 square foot credit
union, banking or financial institution office facility requiring 74 parking spaces,
plus 4 handicap parking spaces during ROGO Year 14.
2. Notwithstanding anything in any of the development orders referred to in the
Original Settlement Agreement, or any other provision of the Comprehensive
Plan or Ordinances of Monroe County, no building permit shall be denied to
Osborne on the basis of Monroe County's regulations relating to non-residential
rate of growth or the adoption (or lack of adoption) of a nonresidential permit
allocation system or its equivalent, including, but not limited to, the regulations
set forth in Monroe County Comprehensive Plan Policies 101.3.1 through
101.3.5, and Monroe County Ordinance No. 032-2001.
3. In accordance with the development orders referred to in paragraph 1 of the
original Settlement Agreement, Monroe County agrees to process promptly upon
submittal the application for building permit by Osborne or his assigns for
construction of mini-storage warehouse per the Original Settlement Agreement
during RaGa Year 12 or the alternative 25,120 sq. ft. credit union, banking or
financial institution office facility in RaGa Year 14 (July 14,2005, through July
13, 2006).
4. Except as expressly provided herein, Osborne and Monroe County and Paskalik,
waive any claim that each asserted or was capable of asserting in this cause and
each shall bear its own attorney's fees and costs of this proceeding. In particular,
and without limitation, Osborne, on behalf of 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. 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 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 Enforcement lien currently encumbers the property. This lien
will be addressed in a separate agreement between Osborne and the County.
9. This Amended 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.
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
CLERK:
BY~o.t...J.~&u)J~
Deputy Clerk
Dated 03 - / c; - 03
Signature of Wit ss (!.. W- ~{ l~
Printed Name ofWitne~ (I"
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By: # I'lf ,kJ 4-f /
Dixie Spe~r, Mayor
:~NROECOUN~~AL
~ Paskalik
RICHARD. M. OSBORNE~ Trustee
By: /2Jt2~~AI- ~ -
46 AnzM,u/e'Y - )~- '40-
OK~~Y ~o~~~E
(305) 294-4641
("'~
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District 2
Charles "Sonny" McCoy, District 3
David P. Rice, District 4
March 18, 2003
This is a binding letter of agreement between Richard M. Osborne (hereinafter "Osborne") and the
Board of County Commissioners of Monroe County (hereinafter "Monroe County") regarding the
code enforcement lien that was imposed against the property known as Section 35, Township 67,
Range 25, Maloney Subdivision, Block Square 24, Lots 1 through 20 with an real estate number of
00124090-000000. A copy of the order imposing lien is attached hereto and incorporated by
reference herein.
It is agreed that the validity and amount of the lien will be determined either by agreement of the
parties or by a court of competent jurisdiction. In the event that lien issues are not resolved prior
to the closing of the contract that presently exists between Osborne and Key West Federal Credit
Union or Osborne's submission of an application for a building permit for the mini storage
warehouses to Monroe County, the entire amount of Monroe County's claimed lien shall be
deposited into an escrow account with escrow instructions that it only be released pursuant to an
agreement between Osborne and Monroe County or pursuant to a court order.
This binding letter of agreement modifies the Amended Settlement Agreement entered into by
.~~:a~,.and Monroe County in the matter of Richard M. Osborne, Trustee, et al. V. Monroe
--~~ti!J1/, CA K 01-108.
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\,:;.\ . '. D~~Y ;L~.*:dLHAGE
,. " 'cOOE iK' V" ".
,~,~;;:..>;.:~ .;;~.~~::>)/
"B;~:g;~ Ie. ~)&~
Deputy Clerk
Dated ()3'/9'd3
s!...~ t.&.J'f>l..tl .
Printed Name of Witness '~
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By: .w~<, m. ~
Dixie Sp ar, Mayor
RICHARD. M. OSBORNE, as Trustee
By: .fl~:/A~~k--
As ~-/A1"'~ (DATE)
IN TBE cm.curr COURT OF TBE SIXTEJJ:Nm JU);)ICIAL
CIRcUlT IN .AND FOR MONRO.E CO'lTNTY, FLORIDA
RICHARD M. OSB~ as~;
and CONCH CONnADA, L. I a
Florida I.imiW LJabi1ity Comp t
Plamtlft!II Petitf<n2eo,
Case No~ CAK-oI -t08
v.
j
MONROB 'COUNTY, a poJitic.l;
subdivision of the Stau, ofFloni ,
and IOSnPH P.ABKA.LIK, In hI offic:ial
capacity as Building Official, .
DefendantJ Respondef1b..
~m@lh,!lE!ii1
JUL ! 5 2002 IJ!J
/
~~4GRE~
PlaimiWs RICHARD MJ OSBORNE, as ~ ("Osborne"), and CONCH
CONTRAD~ L.Co, a Florida Limited Liability Company C-Conch Contnlda'')7 and
~tS, MONROB COUNTY, a political subdivision of the State of Florida
("Momoe. Couotyj, and JOSEl1H PABKALIK, ia his ofiiQial capacIty as BUDding
Oflicial C"PaskaJikj. ltAvfng aznictably resolved their differences which gave rise to this
action, hereby agree 10 sottle ~ matter between them upon the following terms and
conditions:
1. As to Osbome, Mo-'foe County ~: a) that a Major CoDditional U:le to
Cou.s1nJct 8 35.200 Iq. .fl mini-stoJrpge warehouse has been approved, with conditions, by
Monroe County Plauaing ~on on lamJaly 21, 1997, under Resolution No. P3-97,
"'corded at o. It. Book 144~ paf~ 2205 .. 2.207; b) that II varianco wlth xegmI to of[-
stn:ct paddng, reducing the number ofxequirad p.dclng spaces 1l'om 3.0 to 2.5 per"l.OOO
Exhibit "A"
sq. ft. of 1100r areIl for the propoSed JJlinj<<or.ige warehouse was ~ by the Monroe
1
County P''Q)ftl''8 eomID.issiOl1 ",n lanwsry 17, 1997, undtJ(" Resolution No. )>2,97; and, c}
that both dcvcloptaeDt orders 8lV preseaUy :valid and In fid1 fotce and e1fect.
2. .A3 to Couch Cr,ntr~ L.e., Monroe County qrees: a) thar a M"mol'
Conditio.oa.l Use DeveloplJ1c=t 0nIc:r No. 5-99 to co.DStract one 7,.soo aq~ foot
restaUf8ZJt, to relOQfc an e'JdlilDg sewagt freafuJC".!lt fac.iUty, ~ to locate a sbved
. .
driveway~ was apJ"bved. with CQlJlditiona, by thc:~g Dhec&or of Mooroe County on
Auaust 4, .2000, leCOIded ill ~R ~, 1654, pagg 1591-1595; ~ b) that tbis .
development order ~ ~1 ~d and in full force and effect.
3. Notwl~ ft1~ in any of the d8\'eJoptnent ordEU ~(eo:ed to in
parlirap.bs J or 2. above (~ apecificaUy _Condition No. J in Conditional Use
Dovolopmc:nt Older No. S~99), "r IUlY otht% provision of the Comprehensive Plan or
Ordinanoes ofMo~ County, ~ baflding pe.mtit shalt be denied to ei1be:r O'OOtne or
CoJ1C;h Contra~ L.C., on the ~is of Monroe CoUbty's regulatio;us lala~ to non-
ze8idemiaI rate of growth or tlJe adJoption (or lack ot adoption) of a DonreddentiaI permit
allocation ~ or its equivalm1\ induding, btrt DOt llmited to, the regulario%J& set forth
.in MOIU'OO County CODJpl"ChtDrJivp Plan PoUcfes 101.3.1 through 101.3.5, end Monroe
County Ordinaaw Nd. 032-2001,
4. In aect:Jrdance witij the development orders t'Cleacd to in pamgraph 1,
above, Monroe CO'a.Q~ Igrees 10 Process promptly upon submittal Osbor.oe"s application
for bWldmg pemUt fur co.D!ttuctl~ of a 35,200 sq. it. mfni-stor.Jg8 Warehouse in ROOD
Year 12 (luly t 4, 200j. through]uJJy 13', 2004).
2
5. In s.c:cordance Mth the dan:Iopment order referred to in par&graph 2,
above, Monroe 00UX1ty ~ to process proanptIy upon ~bmittal Conch ConfJada's
application for building penni1/ fQr construction of one '.500 fClWU"c foot restaurant, to
\.
reJocate an ~ Cawage ~ent faciUty, 8U<f to locate a .bared driveway. in ROGO
Year J 1 (July 14, 2002, t&tough~uI, 13,2003). \
6. Except II mcpres~ provided hez:eJn, Osbome and Conch Contrada, Le.,
Monroe County Wid paskaJik, Watve BUy c1Bim chat each asserted or was capable of
asse.rting In this C9lJSe and eac~ sball bear Its own attorncy's fees and costs of this ,
proceeding, In partioulAr, and wiIhout limitadol1, Osbome end Conch Contrada, L.C., on
behaU' of thc:m$Clvea. their members, benefidaries and any othen. cWming by or through
tbem. \Wive a11 cbinu for ~ and compensation fOr denial of due process and
inverse condemnation (also tefe2ll'ed to as regulatory en' temporazy taking) wiQ froIJ1
the County's actions and reaulat1<1ns prior to tbe date of this Settlement Agteement
7. The Plaintim Osb4Jme IlDd Conch Co.ottada, L.C. will pn:pare and submit
to the CoUrt a '"Notice of V oluntuY DisnDssal Wjth J'rejudioe" ot theit present claims
agaiast the Defendants.
8. AU p.rJes acknow~81' that tbfs lIgreement Is c:n1eIad into for the purpose
of 5Ctt1b1g pendfns Jltigll1ion IUld .tloes not coDl1itqte ~ admission or evideJ1QO that any
actions of Monroe Coum;y or its 4enIplo)'8e8 that PlafntifIS com.pJlin of wcue unfawfuJ.
unconstitutio~ or dclpri'ved Pl.tCtfs or any othcn of eny rights or property.
~o.l.Jo. ~~~,O.L.
WItness "" .
T s 01- ~I c. {)f!.. So..n-J , s
(Print NaD;tc Or~) .
3
LOCATION MAP:
A PORTION OF STOCK fSLAND. FLORfDA
NOT TO SCAlE
u.s. HIG_HW^,'f 1\ . ~
-d c 251 HHH#f:mffW 23
~[ ~~'ir~~' J~
~DON~D AYENUE
:"'
T:}
SITE DATA:
(fOR PREVIOUSLY PROPOSED Sf1..F-STORAGE fACIUTY)
ZONING:
PROPOSED USE:
TOTAL SITE ~:
ALLONA6I.f BUILDING ~:
BUILDING ~ PROPOSED:
OPEN SPACE ReQUIReD:
OPEN SPACE ~OVIDED:
ReQUIReD PAIOONG:
PAIOONG I'ROVJDeo:
I'fMA I'LOOD ZONe:
UC (URBAN COMMERCIAl)
SElf-STORAGE fACIUlY
78.873 SI' (1.81 ACRfS)
78,873 Sf X 0.45 fAR. .. 35.492 ,Sf
35.200 Sf
78.873 SI' X 0..2 o.S.R.(DISTURBEo} ~_., 5;' 775
2' .000.Sf -, -- .': 0'
35.2qq~X-2.5 SPACES PeR 'OOO~I"-:.~~PACf5
84 SP~ @ 8.5' X 18' rw~ 4.H.C. SPACf5'@ 12' X 2
At.p.. 9- -
SITE DATA:
(fOR PROPOSED CREDIT UNION MAIN OFI'ICf I'ACIUTY)
ZONING:
PROPOSeD use:
TOTAL SIT!: ARr.A:
ALLONA6I..f BUILDING ~:
BUILDING ARr.A PROPOSeD:
OPEN SPACE ReQUIReD:
OPEN SPACE PROViDeD:
ReQUIReD PAIOONG:
PAIOONG PROVIDeD:
ffMA I'LOOD ZONe:
LEGAL DESCRIPTION:
,"!,.'
UC (URBAN COMMfRC/AlJ .
CRfOtT- UNION MAIN OlTICf7fAQUlY
78,873 Sf-(1.8' ACRfS)
78,873 Sf X 0.45 fAR. - 35.492 Sf
25.120.Sr
78,873 Sf X 0.2 O.S.R. (DISTURBeD) _ 15, 775
29.000 Sf
25,120 SI' X 3 SPACES pelUooo Sf - 7G.SPACfS
74 SPACf5 @ 8.5' X '8' PW54 H.C. SPACf5 @ 12' x 2
At. fl. 9
Lot, 1-20., Block 24. STOC"'~t:AND,.~"'~M~lOIl6f Govem~t~5~~4.i' 0
I, 2, 3, 5 to G.5ectlOll 35, GovemmentLot 2. SectIon .3G.Government Lot,3.
-~I/)ii'2~nJ'-GovQi'lllf~-Lm"2:.'~LKin 34':~~'7"'5OutITi'-~,':-
Ral1<3e 25 fast, on Stock Is~nd. Monroe County. flond.1. .accordui.;J to the Pbt
Thereof, .as recorded In P~t Book I, .at P.a'!le 55 of the Public ReCOrds of
Monroe County, flond.1.
PROPOSED CREDIT UNION
MAIN OffICE fACILITY DATA:
BUILDING AREA:
"
fiRST flOOR.:
SECOND fLOOR:
THIRD flOOR.:
TOTAL BUILDING ~:
PARKING REQUIRED:
3 SPACES PfR '000 SF
25;'20 Sf X 3' PER 1000 S! __ __'_
7(. P-AIOONG SPACES ReQUIReD
PARKING PROVIDED:
74 SPACES @8.5' X 18'
4 H.C. SPACfS 16l, 2' X 21'
78 PAIOONG SPACES PROVIDED
I . GGO Sf
12.48051'
I 0..980 Sf
25. I 20 Sf
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