Item R2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 19, 2013 Division: County Attorney
Bulk Item: Yes XX No Staff Contact Person: Steve Williams, x 2526
AGENDA ITEM WORDING: Approval of Twelfth Amended Settlement Agreement in Case No. CA-
K 01-108, Richard M. Osborne, Trustee & Conch Contrada, L.C. v. Monroe County, et al.
ITEM BACKGROUND: The original settlement agreement was entered into in 2002 with Richard
Osborne, Trustee, on behalf of a prior owner of the property that is located on Stock Island and which
fronts on US 1. The agreement settled a takings suit brought over the NROGO process. This settlement
agreement has been amended over time to allow for additional time and to allow for substitution of
subsequent purchasers of the property. The current owner is Keys Federal Credit Union but counsel for
the owner advises that the property is under contract for sale with CVS Pharmacy, through its
development company, Boos Development Group, Inc.. Boos Development, by virtue of Monroe
County, Florida Minor Conditional Use Permit Development Order 03-12, has been approved for the
development of a 14,600 square -foot nonresidential building.
The proposed Amendment to the Settlement Agreement allows for a two year extension of the
settlement agreement which would allow Boos Development Group, Inc., or its assigns to construct a
14,600 sq. ft. nonresidential building to be occupied by CVS Pharmacy, a medium intensity commercial
retail use requiring 74 parking spaces plus 4 handicap parking spaces during NROGO Year 20 (July 14,
2012 through July 13, 2015). Counsel for the credit union has requested a two year extension so as to
provide time to complete a pending sale of the property which is estimated to be completed after July of
2013.
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- BUDGETED: Yes —No _
COST TO COUNTY: -0- SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
STONES & CARDENAS
ATTORNEYS AT LAW
22' SIMONTON STREET, KEY WEST, FL 33040
TELEPHONE (305) 294-0252 FAX (305) 292-5442
ADELE VIRGINIA STONES, P.A. WWW.STONESGIRDENAS.COM
April 29, 2013
Mr. Steve Williams, Esq., Assistant County Attorney
Monroe County Attorneys Office
PO Box 1026
Key West. FL 33041
RECEIVED
AN u 6 2013
MONROE COUNTY ATTORNEY
SUSAN M. CARDENAS, P.A.
Re: Richard Osborne. Trustee and Conch C-ntrada. LC v Monroe County et. al
Case No. CA K-01-108
Dear Mr. Williams:
On behalf of the current property owner, I have submitted for your review the proposed Twelfth
Amended Settlement Agreement as to Keys Federal Credit Union, Successor in hft"st to Richard
Osbome, Trustee. The purpose of the Twelfth Amended Settlement Agreement is to approve the
NROGO exemption to be utilized in the recently approved Minor Conditional Use for 14,600 square feet
commercial retail for the subject property granted to Boos Development Corporation on behalf of CVS.
This is a change from the currently approved NROGO exemption for 25,000 square feet of retail banking
and commercial office development. Boos Development Corporation is under contract to purchase the
subject Property from Keys Federal Credit Union, but is not obligated to close until all development
orders and building Permits have been approved and issued. The Development Order is in place (copy
attached). The building permits will be issued upon confirmation that the 14,600 square feet of NROGO
has been approved for the successor in interest to Keys Federal Credit Union, current party in interest
under the Settlement Agreement.
The Board of County Commissioners has been exceedingly cooperative in
ing the
amendments occasioned by the economic forces and demographic changes �oh have alteredlthe n
for the Prior approved uses under the current and Past Property ownershi . It is eed
approved Pursuant to the Proposed Twelfth Amended Settlement A p mY sincere belief that once
developed and no additional amendments requested. Agreethat this property will be
If you require any additional information regarding the pending property transfer o
current successor in interest (Key Federal Credit Union), do not hesitate tconsent of the
o contact r
e.
Thank you for your assistance in this matter.
Sincerely,
Adele V. Stones
c: client
STONES & CARDENAS
ATTORNEYS AT LAW
221 SIMONTON STREET, KEY WEST, FL 33040
TELEPHONE (305) 294-0252 FAx (305) 292-5442
W W W.STONESCARDENAS.COM
ADELE VIRGINIA STONES, P.A.
May 10, 2013
Mr. Steve Williams, Esq., Assistant County Attorney
Monroe County Attorney's Office
PO Box 1026
Key West, FL 33041
ReCe(VEaUSAN M. CARDENAS, P.A.
*y152013
A#ONROE COUNTY Ari ORN,,Y
Re: Richard Osborne, Trustee and Conch Contrada, LC v. Monroe County, et. al.
Case No. CA-K-01-108
Dear Mr. Williams:
Enclosed please find the original Twelfth Amended Settlement Agreement as to Keys Federal Credit
Union, as Successor in Interest to Richard M. Osborne in the above referenced matter, executed on behalf
of Keys Federal Credit Union and Boos Development Group, Inc.
Please confirm that this item will be placed on the agenda for the June 19, 2013 BOCC Meeting.
Thank you for your assistance in this matter.
Sincerely,
Adele V. Stones
c: client
RECEIVED
IN THE CIRCUIT COURT OF THE SIXTEENTH MAY 15 2013
JUDICI
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-01-108
V.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALIK, in his official
capacity as Building Official,
D efendant/Respondents
TWELFTH 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 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
"Ell
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.
d. Paragraph 8 is hereby amended to read:
This Twelfth 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.
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.
ATTEST:
AMY HEAVILIN BOARD OF COUNTY COMMISSIONERS
CLERK: OF MONROE COUNTY
By: By:
Deputy Clerk George Nugent, Mayor
E COUNTY ATTORNEY
AM: STEVEN T. WILLIAMS
AS81STAy)r COUNTY ATTORNEY
Witness
of Witness
Signaftde of Witness
Printed a of Witness
Signature of Witness
Printed Name of Witness
afore o �• /n ���
Printed Name of Witness, �]
ature om
r,
Printed Name of Witness
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
By:
Scott DuszynW, President/CEO
BOOS DEVELOPMENT GROUP, INC. as
Successor in Interest to KEYS FEDERAL
CREDIT UNION
pia �
Robert D. Boos
QWmwn & CEO
INCI'RCI
Cr CHIT CouRT OF THE SIXT
,N ANDFOR NTH JrU1)ICIAL
MONRO� COi NTY, FLpRTOA
RICHAkU M. OSBO
and CONCH CO R IlEvas Trustee;
Florida Limited Lis iIi ,p.C., a
tY Copnpany,
,
Plaintiffs/ petitioners
c4se No
ON O
Of E UNrY' a Poliflcal
sion the State
;
• ry
;
of.Flbrlda;
and JUSLPII PAS1CAUY., in hi s oE$cur!
capacity
as Bullding Oti cial,
Defendant/ Respondents.
w
�� '�MENT A'GRE>l',d�NT
Plalnt Irg RICRARA M. OSHO
CONTRAnA, I,,C, ,, as Trustjee ( Osborne,), and CONCH
a Florida Limited •[,i�� C
Acfcridan �' P om �Y ("Conch Contrada' ,and
�, HONRO,B Cp
�rs po)itics( subdiv ion of the State o
C'Monroe County'i, and J s ! f Florida
>*P[i PASKALIK, in his°
Otiicial ("Paskalik"), havia !official oa ty as Building
S 'cabiy resolved their dlff� en which a
action, hereby al3rec to settle ,� gave rise to this :
� matter between them
n the follow
conditions:ing terms and
I • As to Osborn*,
rirOC County agccea; a .
construct a 35,200 s , t a Major Conditional Usk to '
9 B. mini tQrage Warehouse has -be'
Monroe County Planing Co ; ! al�PmVed, with conditions, by '.
}ssion on January 27,199
m"'t'� at R. Book 1446 under RcsoIution No: L'3-97. .
e�ges 2205 - 2207; b)• that 'It parking, reducing the n >�• of variance with regard to off-
er sp es from 1-0 to 2.5 per 100 '
0
r
t
Exhibit "A"
sq. it. of floor area for the '
Proposed mini -storage warehouse was d
County Planning Commission on Jan meted � � Mope
Y 17, 1997, under lgesolutiopWo. P2-97; and, c
that both development orders are
Prosently valid and in full force and. cpba
tb Coach Contrada, L.C,, Monroe Co
q�y
Condidonal Use Development' a) that a Minor
Order No. 5-99 to construct one �',500 square foot ti
restaurant; to rclocaie an existing sewage treatMent , faci]Ity, aad x
driveway, war a rb locate a shared r
PP Ved, with condlhians, by the planni `
Aust 4 ng Du'ector of onroc County on , 8u pmetit order is Fresen
, 2000, recorded in OR 13oo1c I6
5
4
devolo , Pages 1591-1595; b) that this
•.
dY valid and in full &Wc and off
e6t
3. NoIMIWWidzq
aaYthing !n 'MY of the development orders referred to in
ParagmPhs 1 or 2, above
( � sPec1#lcally Condition No. 1 In onditional Use
Development Order No. 5-99 , or any other pmvisufile
Ordinances of uv4ensive Plan or
Monroe County on of Co
no buildi � !
• � Permit shall be denied. to
Conch Contrada, L,C,, on the basla of +�' Osborne or
M f -
residential rats of Monroe County S regulations I e�ng t0 non-
�'o�h cr th adoption (or lack of adoption) of a no 4 allocation system or its equivat dential permit
including, but not lfmlted to, the reW in Monroe Coin, Com repo atians set forth .
P Iva Plan Policies- 101.�.T through 1013 S. .
County Ordinance Nor 032 2001 .and Monroe
4. In accordance, w the development orders referred to
above, Monroe Co Paragraph.. I,
sty agrees to process PrOmptly uPoi submi 's a
for building P�nit for cons tta! Osbo PPlication
traction of a 35 200
Year !2 du! sq• fl» Mini -storage, war o, in R0C30 r
(July 14.2003, .through July 13, 2004).
• i '
,I
2
S. In accordance with the development order ref
ahm, erred to is Paregmph 2, t
t~ Monroe e Comity agto process promptly uPo4 Submittal
application for buildingConch Contrada's ,
permit for eotrshuction of one 7,500 square foot restauran • to
rolocate an existing sewage treatment facili ; ty, and to Iocate a shared drivcvvaY. in RpQO .
Year I I (July 14, 2002, thtvugh July 13, 2003).
ti. Except as x
pressly provided herein, Osbome and Conch Cv
Monroe County sad paskali '
wRive axy claim that each asserted or was capable of
asserting in this cause and each shall bear its own
Proceeding. In particular attorneys fees and costs of this
and without limitation, Osbotao and Coach Can
behalf of themselVeS tea+ %•C•, on
r their members, beneficiaries and any others claiming by or thro
then, waive all claims for damagesugh )
m '
Pensation for denial of due ROOM and
inverse condemnation and co
(slap teferred to as .
awry or temporary taking) arising from i
the aunty's actions and'regulations prior to the date of this S
CM
7. ement Ab�meni.
The Plaintia Osborne and Conch Co
to the Court a "Notice ntrada, L.C. will prepare and submit
of Voluntary Dismissal With Pre' r
against the Defendants. ludicc" of their present claims
8• All parties acknowledge g that this aSreeJaerrt {s entered
of settling pending !it{ tion into for the purpose
and does not constitute an admission or evidence that an
actions of Monroe County or its y
employees that 1'la{nti#fs comp
of were unlawful
unconstitutional or deprived Plaintiffs or any
others of any
fights
J
Witness
(Print Name of Witness) "�-
3
Monroe County
Dated o -y
i
i
1tness -
(l'nnt N o of Witness)
• Witnes
14 a •s its `}
� .`•' � t,
(Print Name of Witness)
f IT c. �t,�'�'y
�1�1 �c'l 1 ' Ntu��
c �j
(Print Name cif Witness)
13Y=
Manic 3. ply7.2.7ctenc
s�Wq-
ftmzce
I
4
t
i
4JbsepIi Pas ;
kalik, as BuiIding•of�iclal
For Monroe Country
Dated
(tic Os brae,
Ltec i
Dated w
Ch
Dated L C.
i M
!
IN THE CIRCUIT COURT OF THB SIXTEENTH MICIAL
CIRCUIT IN AND FOR MONROE COUNTY,17LORIDA
RICEM M. OSBORN]% as Tea,.
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
Plainit�'p���,
V.
MONROE COUNrX, a political
subdivision of the state of Flof*.
COP=qaand]OWH Offlc , blevfficial
I]etbadant,►Reapande��
Case No. CA-K-01-108
Pl"IM RIOMn M. OSBORN% as Tee ("Osborne' , and CONCH
CONTRADA, L.C., a Florida LhWftd Liability Compagy ("Conch C� �, and Defendants,
MONROE COUNTY, a poltdca! subdivision of the State of Florida ("Monroe County" l and
JOSEPH PA,9KALIK, in his official
eapadty an Building Official ("PaeloalilcN), pmviously
resolved their di$nrenoea whioh gave rise to the above-stlrIed action, whareia fibs Patin apned
to settle the meet Ntwm &em won, to ftm add conditions recited in to SeWcanant
ASrtem"It dated July 17, 2002, hetW=f&r "Original 8ettlement Agremne V attached hereto as
Exhibit "A".
The mayor conditionai'" 8rentad to Osborne to ccnatruct a 35,200 square Soot
vv(th 84 PukiU8 Van plus 4 handicap spaces dttdng
ROW Year 12, through flee Origlaai Settlement A
8rccmank shall be amended to
allow an Xft0Maie.v'e cod *4 of suction of 25,120
union,g or9Qvere dot credit
inetitntion office facility requiring 74 parking spaeetc,
pIM 4 la4dkp parking %icas dud" R000 Year 14.
Exhibit "B", w/o exhibits
0
t
2. Notwftiustaad3ag apyd"a in
S any of the development orders referred to in the
OriSinal Settlement A"eOI004 or any other provision of the ComP vhUWve
Plan or Ordinances of Monroe Co unaty, no building Permit shall be denied to
Dsborne on the basis of Monroe
Crnmt►'s regulation
relating to nonmsidential
nft of growth or the adoption (or lack of ado ono
�on �f A Mndperrmit
allocation sum or its egnivaleny inch& but not limited to, the regulations
set forth is Monroe County Co cnsive Plan polidee 101.3.1 through
101.3.5, and Monroe Cody Ordhuma No. 032-2001,
3. In accordance with the development orders odgind Settlementeement referred to in paragraph 1 of the
Monroe County age to p p�p� am
l the Monroe
for buiiding permit by Osborne or his awigns for
boa of
° 'stmr4p wanehcuse per the Original SeWWUW Agreement
dur'$ROGO Year 12 or the rd*nWvc 25,120 . ft. credit
� union, banking or
fimmcfal in tirades office sty 10 ROW Year 14 (July 14, 2005, &Mgh July
13, 2006).
4.
t as =Pmly provided herein, Osborne and Monroe County and
waive any claim that each emoted or wagcapable of asserting in this ,
each sbail boar its own a cease � ttorney s fees and costs of this prod& In
particular, and wWWW . Osborne, on behalf of hselt; their bars, Mcce mn,
bena8dadea and au�r others
�� by or tht+ough them, waive all claims far
&MOMand�°� for derdal of due process and inverse
(also refeaed to as re wndftnation
8alatory or temporary WdnW arising from the County-3
moons and Mond...
prim to the data Of" Ammdad
Settlement Agreement.
Plaintiff Osborne; in cooperation with Monroe County,
will prepare end submit to
the Court plseng3 or notice required to addrM the Amended 3ettlemoat
Agreamatt,
6. All parties acknowledge tbg the pa
ginel Settlement A�Mmast was entaW Into
for tba purpose of settling Ping litISWon and that d» s Amended Setdernart
ABmeoent does not conatiaU. an admMon or aWdeu m that say acdone of
Monroe County or its MPlop04e that Plaintiff Com plafa of wane uolawtat,
Mmudtntional or dapdyed pit% or say others of . aigrIf" or Pmparty.
All Omar tenmof the or'" Setdement Agent dated July 17, 2002, shell
remain in find force ad affect,
8. A County Code Enbroeamad lien ctumdy encumbers the
property. Z7uia lien
wiQ be addressed in a eepsrate agreement between Osborne and tiio.Cosmty.
9. Thin Amanda! Agreemmt mall not be valid and
until a binding upon � Pam
u
PP OVW by the Court and incorporMed into an Amended Fm- id Judgment
entered by dw Court in then pweedings.
10, Until this Amended Setdl " 'jP'f Agreement has been a;Mvad by the Court
Pumant to PMVVR&9 above, the Original Settlement Agm went sod Judgment
lBMowb► oater+ed and Unmodified shall remain In full force and effect,
DANNY. L. KOLHAGE
CLE
ep* CIO*
spa of Wi
Ptftted Name of
BOARD OF COUNTY COM IONrM
OF MOINMIC COUNTY
min„ $p �p
YN TIm C1Rcm �' 00tmT OP Tm cnno;m RMICIAL
CMCtU IN AIW FOR MOl,VROB,GAU1M,KA RMA
RICAARD bi 08MA 0 T}ustea�
and CONCH CONTBADA, L.C., a '
Fiodda Littuted La,y
• pwfitope e'°' . Casa No. C K-01.�
V.
MONROE COUNTY, a poUdcal
mbdkidm oftbe State of f
Imi �XMM PASXVXC, in his cOW
De�nd���s
Plaindffi RICHARD ht OSBObA as Trustee ("03 U01 and CONCH CONTRADA.
L.C.. a Florida LlmlWd Uabfity Con p ("Conch Comrada'I and
MONROB
COUNTY, s Political aubdivision orthe State
ofFlotlda ('comae ). and J03BFH
PAS)1�,� in his official cgmIty as >idiag Ofwal (°Pa°lcdik"% P
olt►ed their
4mly
diHbrmom wbM gave tine to the AWO-Slyled action, wherein lba parties agreed to aetde the
matter bmwem them upon the terms co ndidOna recited in the 38WAM a AWmM dated
fitly 17, 2002. hudttew "0d
fir&," attached hem o as Exhibit °A". On
March 19, 2009, the Board of Ca=4 CAuvmbaioaem Of Monroe County I Mmnvd the Ameaded
Settlemnent Ag�c00m,� lyereinsga" ' Settlement "
I1oM, .
hmeto as Exhibh
The P sSreeto amend t4 (Ammded) sedemeut a
wIdeneat as follows;
1. The Keys Fedeeai Cfec ft Union, as successor is imamat to
orne, has received
tbt0* tbaa Amvded ettlement
ASreeaaeat hiagor Use Approval to
Exbibit "C", w/o exhibits
r
000stMet a 25,120 square foot credit union, banking or financial iMdifilf once
f1wSty ?4 P0168 spaoos plus 4 handicap parJdng spaces dutingROW
Yew11
2. Now DS anything 1n any of the develop=mt otdera Te&rmd to in the
Original or Amended SettleIRent,ggwomea, or any other Wov ion of the
Cow Plain or Urdfneacea afMonM9 Coumy� no but7diog permit shalt be
denied to Osborne OR the bawl$ of Momroe County's ma"tiuns relating to non,
reddentiat race afgrowty or the adoption (or look of adoption) ofa n dUWd
permit allocation system or its equhate,*, including but not limited to, the
r%uiWm set * th in W'O" County Comptehem*m Piam p Wes 101.3.1
through 101.3.5, and Monroe County Ordinance No. 032.2001.
3. 10 accot UOM with the devetoV=W ardeas M& ed to in pagraph 1 of the
Original Settlement Agreement, Monroe County agrees to PTOC se prontptty upon
the aPpl cW= for hwV&S Pit by Oskm or his eseigns for
Cowbncdon of mlRi.lwnBe warehouse per the Original Settlement Agremn ft
"fog A000 Year 12 or the aitanative 25,120 4 B. mlit acing or
fim o" inadtution oi$ce 210i1i13r in ,ROW Yew 15 (July 14, 200f, through j*
13, 2007).
4. 13acept as aocM* Provided
Osborne and 1Vfonroe County and pasiadik,
wahre any Claim *4 each assorted or rams capaMaof Mere, is this came and
each shall bear its py"n attOMWs fees and costs of this p
& in Partiarlar,
� 04 Osbo� on behalf of iteet� their hales, ecroceasa�
bme6ciaries and say others Cl4lnlmg by or ttnron
gl Ujefl, wane all claims for
damages and coaipeneadon for denial of due process and inverse condemnation
(also refeared to as regulatory or temp a" 0gy.arisinB from the County's
"dons and regions priorto the date oftis Amended SeW-I t Ate,
S. Plaiatilf Osborne, in 000pmtion with Monroe Co
Y•wigSmPre and submit to
the Cow" plead W or Wilco required to aftm the Amended Settlement
Agreement,
6. - All parties aclmowledge that the Original Settlemene Agnewa t was eMwed Into
for the purpose of settling pending gdVAM and that this Amended Settienregt
Agreement does not aonstibue an admission or evidence that any acts m of
S.
9.
Monroe Caum.Y or its emplQYeee that PWadi5 Complain of were'�
rt
uuconsftdonal or deprived plsinM or any others of pay rights or 3
Ail otha r te[dm ofthe Offal wt �'' . N C
Agt+eemeat dateld July 17, Z0
remain 10 fiM force and affix*. �r = ri
This Banned r r<+ go a
'W shall Brat be valid sad binding upon � p" V2
uahl approved by the Court and ineorporated irao an Amended Irmal JudgmM
eaWred 6y the Court in these pr,
Until this Second Aar Settlement Apeement has been approved by the Court
pursuant to Paragraph 8 above, the Original $eMMIM Agreemea and Judgment
• •r
Deputy Crak
entered and unwa&W shalt remain in jolt hve and e#>ecL
BOARD OF couNTy
OF MONROR COtad
By:
ffMasse
Prtntw Namo of Whom
MONROE COUNTY BU MING OFFICIAL
By.
r PuIW*
�rrIw
ArMA,jir
IId TW CZCUIT COURT OF THB SDI JUDICIAL,
CRICUFT SAT AND FOR MONROB COUNTY, FM;trnA
lUCHARD IhE OSBORNP, as TYustee;
and CONCH COLNTRRAADA, Ix., a
Florida Liadd
Petits,
V.
MONROB COUNTY, a Pdhicd .
subdivislort of rite State oFFW*
and JORM PASKALW, bihk ofacW
i'aaeu0fikK
• �Pondeata
Case No. CA K-01-108
PCONCH CONTRADA, L.C., a Florida Limited LiabiCrty Coe4peay ("Coach
Q�da'�, and DOfen�0. MONROB COUNTY, apolitical subdivlelcm Of dw State of Flod&
MDnr" O t "#% and JOSBPH PAsKA„IK, in his ofildd
Opacky en Building O!$cial
("PubHk), (collectively, the "Pareles'rl previously resolved th*
the above. �e"0Q0Qs vrhich gave rise to
styled ecdon, wherein the pardes agreed to eatda the matter betw m them upon the
temrs sad rmditioas retarted in
Phs 2, 3, mrd S in the settlement AgmMnm dated July 17,
2002' hereinafter "Ortgtnal Sedtlerama "
appcbcd hereto AS 13xh)blt "An, The
seWeent
' °mat'u Prbviou* ameaded to provide for a dwp in the conalonat use and
to mdend the time period for tirn7
. _ dI13 Fit aPPfiwdom and conepvaduon ot'the approved
conaonei use; '
1. The P"s agues to•emmrd the (second) A=aQ 3ettle0eat Ag amad ae
foam:
a. paragraph S 1e amanded to now read:
FYluiblt "D", w/o exhibits
1
Conch CouhlOa agrees to submit on application for AManded
Use Oraw that re$ecte the intended change in u jM should Conch Cora
de dde to davelop the subject p mph, with 80 alternative use(s). Upon
VPrOval of the Amended Conditional Use Order by the PlMveMg Director,
and in acoordence with tW development on'M tad to in
Paregrapb x
oftheOrigtnal seMen,
Monroe County aar,, to Pmoesa
Prompdy► upon submittal the` appHaadon for buildimg pan* by Conch
COMM& or its asdgga for conabUdon of one 7,500 sqMV foot
M0,114 or ea an *Nndlm a 7,500 mpn dot mwkmi-kw ft
Ohm, � Bail and/or offiod •
pco�eeiorral use, haft in Rf?GO Yewr 1s
PWY X 2006 - J* 13, =7).
The' Pldel "Or Wood that no provision in this agreement shell
Conch Comrade LC ftm any r69*mwft Imposed by datw a and/or a,dm,aft to
C0°°ed t" s cam d age system whim ow becomes wavAgWe° as that tam is
defined by sm uce sailor or&aruae,
3. PidowConch Cormeda, in oo"Wadorr adth Molm+oe County, wiD Pf0pare and
wbmdt to the Court pleaidings Or notice r+equlred to addm the Amended
SettlementAgwoa Conch Conblde shop pay auy CONS 100wred as a result of
Mill$ dda Amended. Settlement AM,,,, and any a8eod W Ply or
notices vAtfi the a oeeption that ewh pant shall bear Its own attotWs 8OL
4. AJl Pardee &dmowledge that the original sme nt was emte W into for the
PxpO8° Of" t ft penf8 U+8etloa and that ills Second Amended SeRtlement
emt does ran cOnE to an admission or avidesoe drat any avtlans of
Monroe County or it& employees that Pkhws CompSwa of were rrolavrIO,
nnoonsdduional or deprived PWnft or 8W others of any dghts or prop".
S. All other' terms of the Settlacneat Agrawnent dated July 17, 2002, and the Gust}
Amended Seoement agreement which was approved by the Board on or about
May 21, 2003, and the Second AmendedSetdomentAreenlent
WWch wes
appr"ed by the Hoard on or about Jarara:y 199 2005, eq=Wiy as it pertains to
Conan Contruda, L.C,, dW remain in Bill fiot>re and effect. ,
6. Thin Amftled Agoftft BW not be valid and bla ft upon the pardm tmtrl
approved by the Corot and inmpormW into a Third Amended Find Ind
gmm
mite W by the Court in these procee Op.
7. Una this 7bW Amended Settlerrreat AV*" has been app vved
purse t to the pre'wft PmgraPk the Original Settlement Agreer
ku8ment Pm*wl ► e ft"O, and airy sabsewneft approved an=&
a "McItI ns"remain In 6,11 tbirce sad etiiect:
o a
'R
v
x'<
rrn
A G^
O
CD
:7
�
o
MONROE COUNTY H . OFFICIAL
H
&Pam of C.0, D LC
Cindy Sawyer
Painted Name of Wbnen i� Y Trevor
IN THE CIRCUIT COURT OF THE SDITEENTH JUDICIAL
CIRCUIT 1N AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORN]% as Trustee;
and CONCH CONTRADA, L,C., a
Florida Limited -Liability. C013Pany,
V. PlaintifflPetitioners,
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKAUK, in his bfficial
capkdty as Building Official,
DOftda"espondents
Case No. CA-K-01-108
P1aintiff KEYS FEDERAL, CREDIT UNION ("Credit Union'!), as successor in interest to
Richard M. Osborne, Trustee, and Defendants, MONROE COUNTY, a pow subdivision of
the State ofFlorida ("Monroe County"), and JOSEPHPASKALIK, in his official capacityas
actively, the '
Building Official ("Paskaiik"), (con"Parties"), 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 SettlememAgreernent dated July 17, 2002, hereinafter "Original Settlemen
t
Agreement," attached hereto as Exhibit " V
b• The Amended Settlement Agreement dated March 19, 2003, attached hereto as
Exhibit "B".
C. The Second Amended Settlement Agreement dated May I6, 2006 attached as
Exhibit "C",
Exhibit "E", w/o exhibits
d. The Thtrd•4mended Settlement Agreement as to Conch Contrada, L.C, dated May
2006 attached as Exhibit ,D". y 16,
1 The parties hereby agree to amend the Second Amended Settlement Agreemem as
follows:
a. Paragraph 1 is hereby amended to read:
1 • The Keys Federal Credit Union, as successor is interest to
Obsorne, 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'Wk requiring 74 parking spaces plus 4
handicap parking spy dwyng ROGO, Year 16 (ending
July 13, 20o8).
b• Paragraph 3 is hereby amended to read:
3. 1a accordance with the developmew orders referred to in paragraph
1 of the Original Settlement Agreemerj� Monroe County agrees to
Process promptly upon submittal the application fbr building permit
by Osborne or his assigns for construction ofmW_storage
warehouse per the Original Settlement Agreement during ROGO
Year 12 or the alternative 25,120 sq. ft. credit union, banking or
Blum"
institution once faciiitj, in ROGO Year 16 (July 14, 2007
through July 13, 2008).
2
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 Settlemem Agreement as to Conch
Comrade; L.C. shall remain in M force 4nd effect.
d. Paragraph 8 is hereby amended to read:
8• This FourthAmendedSetthmentAgreement 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 FOWh Amended Settlement Agreement has been
approved by the Court Pursuant to Paragraph 8 above, the
PreCeding park the Orlglnal SettlementAgreement and
Judgment previously entered and unmodified, and any subsequent
approved amendments or modifications shall remain in f n force
and affect.
By.
eputy Clerk
Signature of Witness
4dcG,,, f/. S�6.►es
Printed Name of Witnc
BOARD OF COUNTY COMMSIONERS
OF MONROB COUNTY,11
BY:'
Mayor/Chairperson
MONROE COUNTY ATTOR
AP VEl AS TO F ;
A NE ON
COUNTY fT08 Y
Date
MONROE COUNTY BUILDING OFFICIAL
By:
Joseph P
KEYS FEDERAL CREDIT UNION as Successor
in Interest to RICHARD M. OSBORNE
By:
Jm'd CEO
IN TIM' 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,• Case •No,:C A-K-0.1-10$.. ,
V.
MONROE COUNTY,. a political
subdivision of the State of Florida; • .
and JOSEPH PASKALIK, kn fiis official
capacity as Building Official,
Defendant/Respondenta
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 PASKA►L IIC, in his official capacity as Building Official
(' paskalik"), (collectively, the "Parties"). Previously resoh ed their differences which gave rise to
the above -styled action, 4erein the parties agreed to settle the matter betwe
en them upon the
terms and conditions recited in:
a. The Settlement Agreement dated July 17, 2002, hereinafter "Original Settlement
Agreement," attached hereto as Exlv'Wt
b• The Amended Settlement Agreement dated March 19, 2003, attadhed hereto
as
Exhibit "B
C. The Second Amended SetNement Agreement (Osborne) dated May 16, 2006
attached ds Exhibit "C".
Exhibit "F", w/o exhibits
d• The Third Amended Settlement A eement as to Conch Contra, d4 L. C. dated May
16, 2006 attached as Exhibit M
1 The parties hereby agree to amend the Thin d Amended follows; Settlemen t Agreement as
a. Paragraph 1 •a (1'aragraph 5 of original Settlement Agreement) is hereby
amended to read;
1 • a Conch Comrada agrees to submit an application for
Amended Conditional Use Order that reflects the itltended change in use,
Should Conch Contrada decide to develop the subject property with an
a temative'"Ka)• Upon approval of -the Amended Conditional Use Order
by the Planning Director, and m accordance with the development orders
referred to in Paragraph 2 of the Original Se#lement Agr eemen4 Monroe
County agrees to process promptly upon submittal the application for
biding 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-intenft mixed use, retail and/or office/professional use facility in
ROGO Year 16 (July 14, 2007 - July 13, 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 FY
Amended Settlement Agreement. Conch Contrada shall
' Pay any costs incurred as a
result of fililig this Fi
jfii Amended Settlement Agreement and any associated
Pleadinge or notices with the exception that each party'sb .bear its oven atto
fees
rney's
• 2
c. Paragraph 4 is hereby amended to read:
4. `U parties acknowledge that the original Settlement Agreement was
entered into for the purpose of settling pending litigation and that this F M
Amended Settlement Agreement does not constitute an admission or evidence that
any actions of Monroe County or its employees that Plaintiffs complain of were
e
unlawful, unconstitutional or deprived PlaimM 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 Jaly 17,
2002 and the (th'et) Amended Settlement Agreemem, the Second,gmended
Settlement Agreement and the Thmd Amended Settlement Agreement (Conch
Con*Wa) sha11 remain in full force and erect.
e• Paragraph 6 is hereby amended to read:
6. Tlt'is" fth Amend -4Veemem sib not be valid and binding upon
the parties until OProved by the Court and incorporated into a Ftfth Amended
Ftnal Judgment entered by the Court is these proceedings.
Paragraph 7. is hereby amended to read:
7 Until this Rp Amended Settlement Ag
reement has been approved
by the Court pursuant to the preceding pamgrapk the original Settlement
Agreement and Judgment previously entered, and any subsequent approved
amendments or modifications shall remain in full force and effect.
3
'17
ATIEsr!
D
CLERIC OF URT
B G-—Deputy Clerk
A=tf-Tk-
e of With
Prii1 d Name of Wftew
BOARD OF COUNTY CobWSSIONEM
OF MONROE COUNTY, FLORID
By' 2za Mayor/Chairperson
MONROE COUNTY ATTO. NEY
OVED AST M/
NNE A. RU'ffdN
cdM&MNj
Date a
MONROE COUNTY BUILDING OFFICIAL
BY
Joseph Paskalik
CONCH CONPtADA, L.C.
womw - ME --s:
4
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUTr 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 01-108
►sa
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALdK, in his official
capacity as Building Official,
DefendantMapondents
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 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��
C. The Second Amended Settlement Agreement dated May 16, 2006 attached as Exhibit
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. Osbome at as Exhibit 'B".
£ The Fifth Amended Settlement Agreement as to Conch Contrada, L.C. dated February
21, 2007, attached hereto as Exhibit "F"
1. The parties hereby agree to amend the Fourth Amended Settlement Agreemert 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 Osbome,
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
reNh* 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 facilityin 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 Codmda, LC., Fourth Amended Settlement Agreement as to
ICeys 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:
S. 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 m these proceedings.
e. Paragraph 9 is hereby amended to read:
9. Until this Sixth Amended Settlement Agreement has been approved
by the Court pwrsuaat to Paragraph 8 above, the preceding paragraph, the
Original Settlement Agreement and Judgment previously entered and
amodified, and any subsequent approved amendments or modification
MU femain in full force and effect.
By GDepu�ty=Cle�rk-
BOARD OF COUNTY COMMISSIO
OF MONROE COUNTY
Mario Di Gennaro, Mayor
Signature of�em
_Sc.osr buselAisk.1
Printed Name of witness
u� w
S gnatur o Witness
Be�nu MgWitnessPrinted tdam
MONROE COUNTY BUILDING
OFFICIAL
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
By:
PresidentlCEO
MONRO C U EY
AP 0 T
OBERT B. SHILLI R, JR.
CHIEF ASSISTA�{T CITY ATTORNEY
Oat®: -- �
IN THE CIRCUIT COURT OF THE SDMENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD Ati OSBORNE, as Trustee,
And CONCH CONTRADA, L.C., a Florida
Limited Liability Company,
Plaintiti/Petitioners Case No.: CA K-01-108
V.
MONROE COUNTY, a political subdivision
of the State of Florida and JOSEPH PASKALIIC, in
his official capacity as Blending OMcfal,
Defemdaut/Respondenis
all ill ill
PlaintiM CONCH CONTRADA, L.C, A Florida Limited Liability Comp my CT
onch
Contrada"), and De w MONROE COUNTY, a political subdivision of the State of Florida
("Mourne County', and JOSEPH PASKALIK, in his official capacity as Building Official
("Padall o. (collectively, the "Partles'7, Previously resolved their differences which gave rise
to the above -styled action, wherein the parties agreed to settle the matter between them upon the
terns and conditions recited in:
a. The Settlement Agreement dated July 17, 2002, hadnai%r "original SWOMeat
Agreement;' attached hereto as Exlnbit "A".
b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as
Exhibit "B",
Exhibit "H", w/o exhibits
c. The Second Amended Settlement Agreement (Osborne) dated May 16, 2006 attached
as Exhibit "C".
d. The Third Amended Settlement Agreement as to Conch Conttada, L.C. dated May
16, 2006 attached as Exhibit "D".
e. The Fourth Amended Settlement Agreement as to Keys Federa! Credit Union dated
February 21, 2007, as Successor in Merest to Richard M. Osborne attached as
Exhibit "E".
f The Fifth Amended Settlement Agreement as to Conch Conlrada, 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 K Osborne attached as Exhibit
1. The parties agree to amend the Fiiihh Amended Settlement Ag....t as to Conch
Contrada, La as follows:
a. Paragraph I.a. (Paragraph S of the original Settlement Agreement) Ls hereby
bounded to read:
"a. Conch Contrada agrees to submit an application for Amended Conditional
Use Order that reflects the intended change in use. should Conch Cont rada 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/profeasional use facility by
December 1, 2009.
b. Paragraph 3 is hereby amended to read:
3. Plaintiff Conch Contrada, m cooperation with Monroe County, will Prep
are
and submit to the Court pleadings or notice required to address the Seventh Amended Settlement
Agreement Conch Contrada shall pay any coats incurred as a result of filing the Seventh
Amended Settlement Agreement and any associated pleadings or notices with the cmeption that
each party shall bear its own attorneys fees.
Paragraph 5 is hereby amended to read;
5. All other teams of the original Settlement Agr=uent dated July 17, 2002 and
the (first) Amended Settlement A gi=mGnt, the second Amended settlement Agreement, the
Third Amended Settlement Agreemcnt (Conch Contrada� 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 Agr == 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:
jtVs
Printed Name
By: fits f X „
Douglas Trevor, Mam-ger
7. Until this Seventh Amended Settlement Agreement has been approved
by
the Court pmsuant to the preceding paragrapb, the original Settlement Agrwment and Judgment
previously entered, and any subsequent approved its or modifications shall remain in
full force and effect,
BOARD OF COUNTY COMMb9SIONERS
OF MOLAR E COUNTY, FLORIDA
BY:;
Mayor/
P
-b',
MONROE COUNTY BUMDiN G OFFICIAL
HY:
kWalme JONKP�AS���KALIK
MONROE OOUNTYATTORNEy
o5 OIL APPRO D AS TO FORM:
Printed Nam
8U8 N M. IMBLEy
ADeb 881 TANT COUNTy�q�ORNEY
LUNCH CONTRADA, L.C.
A Florida limited liability Company
Printed Name
IN THE CIRCUIT COURT OF THE SD TEEM 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, Case No. CA K-01-108
V.
MONROE COUNTY, apolitical
subdivision of the State of Florida;
and JOSEPH PASKAIX in his official
capacity as Building Official,
Defendant/Respondents
TO RICHARD X OSBORNE
Plaintiff KEYS FEDERAL CREDIT UNION ("Credit Union"), as successor in interest to
Richard M. Osborne, Tmstee, 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 dazed 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".
Exhibit "I", w/o exhibits
d. The Third Amended Settlement Agreement as to Conch Contrads, L.C. dated May 16,
2006, attached hereto as Exhibit "D".
e. The Fourth Amended Settlement Agreement as to Kegs Federal Credit Union dated
February Zl, 2007, as Successor in interest to Richard M. Osborne, attached hereto 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 Agreement as to Keys Federal Credit Umo% as
Successor in Interest to Richard M. Osborne, attached hereto as Exhibit "G".
h. The Seventh Amended Settlement Agreement as to Conch Conhada, 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 bereby amended to read.
1. The Keys Federal Credit Union, 86 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 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).
Paragraph 7 is hereby amended to read:
7. All other terns 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 Conbuk
L.C., Sixth Amended Settlement Agreement as to Keys Federal Credit
Union as Successor in Interest to Richard X Osborne, and Seventh
Amended Settlement Agreement as to Conch Conftwk I .C. shall remain
in fall 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.
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
, ., and unmodified, and any subsequent approved amendments or
-;
'!t 2, On shall remain in full force and effect.
ATTEST:' f+' r� r-ar :;
DANNY L. ISO'~ /•'{ BOARD
CLERK: OF UNTY CONMSSIONERS
OF MO COUNTY
By: By �C
DePntY George Neugent, Mayor
Signature of Wi ess
r
t
Signature of Witness
Signature of Wks
Print Name of Witness
Signf Wi ss
Printed Name of Witness
MONROE COUNTY BLTmDING
OFFICIAL
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICRARD M.
OSBORNE
By: I- .o) �_._
0 Watson, President/CEO
,V,It ' LOUNT Y AIj'ORNEY
A�F3l�V TA,FQRNF�
Or ROBERT el14HILrAGER, JR.
CHIEF A TT NTY ATTORNEY
Date:
IN THE CIRCUIT COURT OF THE SDC EWM JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M.SBORNE, as Trustee; DmV 181227
and CONCH CONTRADA, L.C., a IM 2409 'ol 2W
Florida Limited Liability Company,
Plaintiff/Petitioners, Case No. CA-K-01-108
V.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALiK, in his official -n
capacity as Building Official,r-
De&ndaaVR=po 4 0
� w �
N S LM ,ro �^
ON :
TO RICH_ARn M OSBORt , , v
:• ut
PWnWKEYS 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 ("Monme County"), and JOSEPH PASKALIK, in his official capacity as
Building Official ("Paskalik")' (collectively, the "Parties"I 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, hcmdter "Oiiginal Settlement
Agreement." aKa -W hereto as Exhibit W.
b. The Auaeaded """Mot Agreement dated March 19, 2003, attached hereto as
Exhibit "B".
c. The Second Amended Settlement Agreement dated May 16, 2006, attacjW beteto as
Exhibit "C°.
PLAINTIFPS
EXT[T—
d. The Third Amended Settlement Agreement as to Conch Comrade, I.C. dated May 16,
2006, attached hereto as Exhibit "D". NO2M PO
e. The Fourth Amended Settlement Agreement as to KM Federal Credit Union dated
February 21, 2007, as Successor in Interest to Richard M. Osbom% 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 TO.
g. The Sixth Amended Settlement Agreement as to Keys Federal Credit Union, as
Successor in Interest to Richard M. Osbw7% attached hereto as Exhibit "G".
h. The Seventh Amended Settlement Agreement as to Conch Contcada, L.C., attached
hereto as Exhibit "W.
i. The Eighth Amended Settlement Agreement as to Keys Federal Credit Union, as
Successor in Interest to Richard M. Osborne. attached hereto as Exhibit T.
1. The parties hereby agree to amend the Eighth 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:
I . The Keys Federal Credit Union, as successor in merest to
Osborne, has received through the Eighth Amended Settlement Agreement
Major Conditional Use Approval to construct: a 25,120 square foot credit
union. banking or finamal institution office facility requiring 74 parking
spaces plus 4 handicap parking spaces during ROt"r0 Year 19 (ending July
13.2011).
b. PwWaph 3 is hereby amended to read:
uM
3. In accordance with the development orders referred to in paragraph
1 of the Original Settlement Agreement, Mom= Cotmty agrees to process
Promptly upon submittal the application for building permit by Osbome or
his assigns for construction of mird4torage warehouse per the Original
Settlement Agreement during ROGO Year 13 or the alternative 25,120 sq.
fL 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 other terms of the original Settlement Agreement dated July 17,
2002, and subsequent Amended Settlement Agreement, and Second
Amended Settlement Agrccmcr t, Third Amended Settlement Agreement
as to Conch Contrada, I.C., Fourth Amended Settlement Agi+eemcnt as to
Keys Federal Credit Union as Successor in listm t to Richard M.
Osborne, Fifth Amended Settlement Aft as to Conch Contrada,
L.C., Sixth Amended Settlement Agin 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 Agnxment as to Keys Federal Credit Union, as Successor in
Intent to Richard M Osborne, shall remain in full form and effect.
d. Paragraph 8 is hereby amended to read.
8. This Ninth Amended Settlement AMvement shau not be valid and
binding upon the patties until approved by the Count and incorporated into
as Amended Final Judgment entered by the Court in these procxcdng&
c. paragraph 9 is hereby amended to read:
B
Deputy Clerk
Signature of Witness
Signature of Witness
a
e of faces
css,-a�s�yas�,
Printed Name of
9. Until this Ninth Amended Settlement Agreement bas been
approved by the Court Prasuant to paragraph 8 above, the preceding
*+�ragraph, the Original acmcmc Agreement and Judgment p wwudy
rtered and unmodified, and any subsequent approved amendmena or
odification shall remain in full force and effect,
BOARD OF COUNTY COMMISgIONERS
OF MONROE COUNTY
Sylvia r
Dear told=
taw 2W FW 2M
MONROE COUNTY BUILDING
OFFICIAL
KEYS FEDERAL CREDIT UNION as
Suerssor in Interest to RICHARD M.
OSBORNFr
By: UF.
%.
nrat�o µ SiTits. President/CEO
MONRO U RN
P O AS FOR .
ROB B. SHILUNGER. JR.
emor
Mt NIM COUNTY
IN THE CIRCUIT COURT OF THE SMrEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, m 7hok. ;
end CONCH CONTRADA, L.C., a
Florida Limited Liability cornpwy,
PlelintimmooncrN Case No. CA K-01-108
V.
MONROE COUNTY, aplitical
subdivision of &a state of Florida;
and JOSEPH PASKALM in bis official
cR ate► es Building Official,
PlaintiiiKEY3 FEDERAL CREDIT UNION ("Credit Union"), as mmssw in inter to
Richard M. O* me, Truff'M and, and Defamdeum, MONROE COUNTY, a political W*vism
of tha State of Florida (%ion= C=mW% and JOSEPH PASKAIX in his official capacity ag
Be°0din8 Dodd ("Pas�lilc"), (collecth*. the Tffd l bn* MWOudy amended a
se#tlamml aff=mment m the above -styled action, sod spud to Credit Upon wmeedng Oebme
a000ndiag to lira rigbm and duties mbined in:
a. The 30jement AgeMME, dated July 17, 2WZ hMaftW
Mdginal Settlenent
Agmmeat," attached hereto as ftb t "A".
4.,�,�,,�
I The Amended Settiem� Agreement dated Math 19, 2003, attached harebo as
Exhft 30.
a The Second Amended Settlement Agreemaot dated May 1 6.2004 Wed hmetn as
Eahrbit "Co.
PLAT FP s
d. The Third Amended Sat mud Agreamad ae to Conch C= ada, LC. dated May 16,
2006, attecbad hest as Exhibit "D".
e. Tha Fourth Ammad Sit AWomat as to Keys Federal Credit Union dated
February 21, 2007, as Sucwmw in hit to Richad M aMwIled halo o$ Exhibit
E The Fifth Anuaded Sddemaat Aum mat as to Conch Caut rada, LC. dated Februmy
21, 2007, attached haft as Exbll* mr.
S. Ie Sixth A=WW Sd dement Agreement as to Keys Federal Credit Union, m
Successor in Imt M4 to Riclmd M. Osbmznv, atWdW hcrato as Exhibit "(r
h. The Se lh Aa,en Settlam at Ag ummat as to Conch Contrade, LC, Muhad
haft ss Exhibit "W.
i. The Eighth Ammded Sattlememt Avemnect as to Kays Fedaal Credit Uniam, as
Succamm in to Richard M. OdWrn% attached berft u Exhibit "1".
j. The Ninth Am®de d Sattlememt Agrfement sa to Kays Federal Credit Uniaf, as
sua;mwwinIuwrwtORicbmdK Osbaran, attached haft as Bxin'bit "J".
1. The Patip hmby qMt amend the Ninth Anu mdod Scdem=t Artem mt as to
Kqs Federal Credit Union as Succesacr in hftM to Richard M Osbome ae follows:
a. Pmamh 1 is hereby amanded to read:
1. The Keys Federal Credit Union, as simm or in interest to
Osbam v. has madvad through the Ninth Amndad Settlement Aw mart
Major CoaMOnal Use APlsoval to OnmatrW a 25,120 aquas foot cv+edit
union, baking or fi.zm.g,1 hMkWcm OJEW tacMtp requ Bing 741=Wg
space Pius 4 handicap padfg apnoea durlmg ROGO Year 19 (Olden g July
13, 2011).
b. PEWIph 3 is hereby emended to r=&.
3. In acxardanen with the devedogm®t orders mfetred to in paragraph
1 of the Original 3ettlemant Apeemwd� Mm=c Comty apr = to pacm
PMRdy► upon submittal the applicld= for boildlag permit by Osborne or
his assigns for oonstrncdon of mini-etot p wmela m pm the Odgind
sealed Agreesaent during ROGO Year 13 or the altem s n►e 25,120 sq.
I @+edit anion, banking or financial iastifition a®ere fmlitp is ROGO
Year 20 (Jniy 14, 2011 through July 13, 2014
PmMpVh 7 is hereby amended to read:
7. AU other terms of the original settlement Agre moot dated jbly 17,
2002, and subsequent Amended sWIdwant Avusmwt and Second
Ameodod SctdGMeWAgrUmeat, Third Aaiaxlai settlement Agm ment
as to Conch Contrada, LC., Foiath Amended settlement Agent an to
Keys Federal Credit Union as successor in Interest to Richard M.
OsbornR Fifth Amended 3eakraeot Ag{aument u to Conch Coutrads6
L.C., sixth Amended set UMent AW,Mont w to Keys Federal Credit
Unica en Sucomeor in Iatcn* to Richard M. Osborne, scveo& Amended
settlement Agreement as to Ccm* Conhada, LC,, pJg& Amended
sesttlernent Agreement as to Keys Federal Credit Union, u Swcasw in
Interest to Ricbnd M. Osbaraq and Ninth Amended se wemeat
A,grament ae to Keys Federal Credit Union, as SUccessm in Interest to
Richard M. Osborne, shall remain in fan force wad effaa
d. Pmag;aph 8 is hereby emended to read:
8. This Teeth Amended Setflement Ag mao nd shall not be valid end
binding Wm the Parties natal apprvvod by the Court end in-Mosabed into
en Amended Iliad Judgment entered by the Court is these paocee H W
IL Ph 9 is hereby amended to road:
9. Until this Tenth Amended SeWment Apmwat has beam
epinotied by the Court pmmm t to Paragraph 8 eboM the p
rocodM
Pera"h, the Original Settlement ABm .emt and Judgment pmvioysly
entwed and unmodified, sad my gubi� qVONW eta or
madi8 s1,e11 remain is fuH force and aHbct
DANNY L.KOLHAOE
CLERK:
BOARD OF COUNTY COMMISSIONM
MONROE COUNTY BUIMING
OFFICIAL
KEYS FEDERAL CREDIT UNION as
Suacoae�a � Ia�eat to RICHARD 1VL
jL%4tmy,
OSBORNE
Sisut
�O
P Nam of vltm=
Si Of W
Punted N of Witte
{, omob6
ATTORIM
cams
IN THE CIRCUIT COURT OF THE SDCTEENTH 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,
0
Case No. CA-K-01-108
DECEIVED
r
MONROE COUNTY, a political
subdivision of the State of Florida;
and JERRY SMITH', in his official
capacity as Building Official,
Defendant/Respondents
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 "in.
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
Jerry Smith is the new Monroe County Building Official and is substituted as a party for the retired Building
Osborne, has received through the Tenth Amended Settlement Agreement
Major Conditional Use Approval to construct a 25,120 square foot credit
union, banking or financial institution office facility requiring 74 parking
spaces plus 4 handicap parking spaces during ROGO Year 19 (ending July
13, 2011).
b. Paragraph 3 is hereby amended to read:
3. In accordance with the development orders referred to in paragraph
1 of the Original Settlement Agreement, Monroe County agrees to process
promptly upon submittal the application for building permit by Osborne or
his assigns for construction of mini -storage warehouse per the Original
Settlement Agreement during ROGO Year 14 or 15, or the alternative
25,120 sq. ft. credit union, banking or financial institution office facility in
ROGO Year 20 or 21 (July 14, 2012 through July 13, 2014).
C. Paragraph 7 is hereby amended to read:
7. All other terms of the original Settlement Agreement dated July 17,
2002, and subsequent Amended Settlement Agreement, and Second
Amended Settlement Agreement, Third Amended Settlement Agreement
as to Conch Contrada, LC., Fourth Amended Settlement Agreement as to
Keys Federal Credit Union as Successor in Interest to Richard M.
Osborne, Fifth Amended Settlement Agreement as to Conch Contrada,
L.C., Sixth Amended Settlement Agreement as to Keys Federal Credit
Union as Successor in Interest to Richard M. Osborne, Seventh Amended
Official Joseph Paskalik by operation of law. See, Fla.RCiv.P. 1.260(d).
Settlement Agreement as to Conch Contrada, L.C., Eighth Amended
Settlement Agreement as to Keys Federal Credit Union, as Successor in
Interest to Richard M. Osborne, Ninth Amended Settlement Agreement as
to Keys Federal Credit Union, as Successor in Interest to Richard M.
Osborne, and Tenth Amended Settlement Agreement as to Keys Federal
Credit Union, as Successor in Interest to Richard M. Osborne shall remain
in full force and effect.
d. Paragraph 8 is hereby amended to read:
8. This Eleventh Amended Settlement Agreement shall not be valid
and binding upon the parties until approved by the Court and incorporated
into an Amended Final Judgment entered by the Court in these
proceedings.
e. Paragraph 9 is hereby amended to read:
9. Until this Eleventh Amended Settlement Agreement has been
approved by the Court pursuant to Paragraph 8 above, the preceding
paragraph, the Original Settlement Agreement and Judgment previously
entered and unmodified, and any subsequent approved amendments or
modification shall remain in full force and effect.
ATTEST:
DANNY L. KOLHAGE BOARD OF COUNTY COMMISSIONERS
CLERK: OF MONROE COUNTY
Deputy C erk David Rice, Mayor
S014tur_,df Witness
-Printed Name of Witness
Siglature o Witness
-41
Printed PVame of Witness
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICHARD M.
OSBORNE
By: ww
Scott Duzinski, President/CEO
MONROE GOUNTY ATTORNEY
APPROV % S T�gRM:
ROBE T B. SHILLINCaER, JR.
CHIEF A"ISTANT COUNTY ATTORNEY
)ate: