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Item T7 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date March 19, 2003 Division County Attorney AGENDA ITEM WORDING Request for approval of revision of Settlement Agreement in Osborne. et a!. v. Monroe County. ITEM BACKGROUND The Settlement Agreement included a major conditional use for a mini-storage warehouse and restaurant which a prospective buyer of the subject property would like amended to allow the alternative use as a bank. PREVIOUS RELEVANT BOCC ACTION Approval of Settlement Agreement on July 17, 2002. CONTRACT I AGREEMENT CHANGES N/A STAFF RECOMMENDAnONS Approval. TOTAL COST BUDGETED Yes No COST TO COUNlY SOURCE OF FUNDS APPROVED BY: County Attorney - OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL:~ J. R. OLU DOCUMENTAnON: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # 77 / IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA RICHARD M. OSBORNE, as Trustee; and CONCH CONTRADA, L.C., a Florida Limited Liability Company, Plaintiff/Petitioners, Case No. CA-K-OI-108 v. MONROE COUNTY, a political subdivision of the State of Florida; and JOSEPH P ASKALIK, in his official capacity as Building Official, DefendantJRespondents / 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 ofthe 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, 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 shall be amended to allow the substitution and construction of25,I20 square foot credit union, banking or financial institution office facility requiring 74 parking spaces, plus 4 handicap parking spaces. 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 ofthe original Settlement Agreement, Monroe County agrees to process promptly upon submittal application for building permit by Osborne or his assigns for construction ofthe original development agreed per Exhibit A or the substituted 25,120 sq. ft. credit union, banking or financial institution office facility in ROGO 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 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 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 ofthe Settlement Agreement dated July 17, 2002, especially as it pertains to Conch Contrada, L.C., shall remain in full force and effect. 8. A County Code Enforcement lien currently encumbers the property. Said '. lien shall be unaffected by this Amended Settlement Agreement and shall remain in full force and effect until satisfied. Pursuant to Section 9.5-49, MCC, no development approval process shall be conducted until said lien is satisfied. 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. ATTEST: DANNY L. KOLHAGE CLERK: BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY By: Deputy Clerk Dated By: Dixie Spehar, Mayor MONROE COUNTY BUILDING OFFICIAL By: Joseph Paskalik RICHARD. M. OSBORNE, as Trustee By: Signature of Witness Printed Name of Witness IN TDE emcurr COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN .AND FOR MONRO"" COl1NTY, FLORIDA RICHARD M. OSBORNE, CIS rr; and CONCH CC>N'mADA, L. .. a. Florida Limited Liability Comp t PIaintlft!ll Petitionen, Case No. CAK.-O 1-108 v. i MONROB 'COUNTYt a POlifiQl.* subdivision a/the State of Flori ; and 10SEPH P ASKA.LIK, in hi official Capacity es Building Official, Defendantl R.espondents. ~ !&@W; ll~~ fill JUL ! 5 2002 !YI I ~ME~AGREEMENT Plain1iBS RICHARD M~ OSBORNE, as ~ ("Osborne''), and CONCH CONTRADA, L.C., a Florida Limited Liability Company rcConch Contrada''). 8Ild Dehndanrs, MONROE COUNTY, a political iubdivfsion of tho State of Florida ("Monroe. Countyj, and JOSEl1H P ABKALIK, in his official capacitY as BUilding Official r'Paskalikj, bAvlng amiitably molved their ditterences which gave rise to this action, hereby ISgree to sottle ~ matter between them upon the following terms and conditions: 1. As to Osbome, Mo,ftoe County agrees: a) that. a Major Conditional Use to construct s 35,200 sq. it mini-stoJIPgc warehouse bas been approved, with conditions, by Monroe County Planning ~lon on lmuary 27, 1997. under ReSOlution No. P3-97, I'elcorded at O. R. Book 1446, ~-a.s 2205 A 2207; b) that a variltlCt) with regmd to off- stteet parking, reduciDg the number ofrequirad psrldng spaces ttom 3.0 to 2.5 per'l.OOO Exhibit "A" sq. ft. of floor .tel for the propo9c:d mini~lrtOrage warehoUH W8.S' gr&IlUld by the Monroe i County PmmIng ComIOissiOl111111 lanwsry 17, 1997. und<< Resolution No. J>2,97; and, c} that both dc:velopnlent orders Cfl\j presently valid SD.d in full fotce end effect. 2. .A3 to Conch C.,mrada, L.Ca. Monroe County apes: a) thai a M"mor Conditional Use Developmeot O:rdc:r No. 5-99 to COJ1Struct one 7,500 Bqt1a{'e foot restaW'8IJt. to re10u.to an e:xJltlDg sewagt treatxnent taoiUty, ~ to locate a shlU'ed . . driveway, was aPl"bved, with COllldition., by the PIamW2g Direc:ror of Monroe County on A~ 4, 2000. llOOOrded in ~R Book 1&54, pagca 1591-1595; B:Jld, b} that this development order ~ presently V$lid and in full force 8I1d effect, 3. NotwJtbstaDding ttlytbing in any of 1he development ordece referred to in parqrapbs 1 or 2. above (ancC, apecifically _Condition No. 1 in Conditional Use Dovelopmcnt o.lder No. 5.99), \lr JUly other p{ovtsion of the Comprehensive Plan or Ordinanoes of Mo.otOe County, IIp building pennit shall be denied to ei1b.e:r OsboMe or Conc;h Contra~ L.C" on the ~iI of Monroe County"s regulations RIatiD,g to non- reBidentilll rate of growth or the alJoption (or lack of adoption) of a nonresidential permit allocation syab!m or its equivalcm\ including, but.DOt limited to, the regulations set forth in Monroe County Compreb~ Plan Policies 101.3.1 through 101.3,5, end Monroe ~UDty 0rdinan08 Nd. 032-2001. 4. In I.ClCOrdance witb] the development orders rcfeacd to in paragraph 1, above, Monroe Caa.o.~ IgI'ees 10 Process promptly upon submlttBl Osboo1e.s application fen buUdmg pennit for constrocti~ of a 35,200 sq, it. mfni~stolage warehouse in ROOO Year 12 (Iuly 14, 200j, tbrough]ul1y 13',2004). 2 5. In a.ccordance Nth the cJcsnIopment order referred to in pamgraph 2, above, Monroe County ~ ~ process promptly upon ~bmittal Conch ContJada's appUar.tion for building penni1/ fur constnzction of one 7,500 ~uarc foot restaurant, to I' reJoC81e au. existit2$ Sewage ~ent fac.illtyt aoc1 to locate. 1lwa1 driveway, in ROGo Year ) 1 (July 14, ~02, tbtough~u1y 13,2003). 6. Except u rDCpreS~ provided h~ Osborne and Conch Contrada, L.C" Monroe County add Paskalik, WaIve any claim that each asserted or was capable of assertitlg In this couse and eac~ shall bear its own attorney's fees and cOSts of this , proceeding. In partie., and wiJhout limitation, Osbome and Conch Contrada, L.C,. on behalf of themselves, their members, beneficfaries and any othenr cWming by or through them. waive afl clainu for ~ and compensation for denial of due process and inverge eondem.na.tion (also xefe2ll:'ed to as regulatory or temporary taking) wma from. the County's actions llJ1d reaulat1<1DS prior to the date of this Settlement~ent 7. The Plaintiffs Osb47me and Conch Connda, L.C. will prepare and submit to the CoUrt a ""Notice of V olunt!rY DisnDssal With J'rejudioe" of their present claims ~nst the Defendants. 8. All parties acknow~ge that Urls lIgI'eement is c:nterad into for the purpose of 5eUliog pending litigation and'tioes not constitqte JU1 admission or evidOl1<<1 thAt my actions of Monroe Count;y or its 'employees that Plaintiffs oom,pJain of were unlawful, unconstitutional or depri'Yed PI~1w:. or any othen of 81J.y rights or property. ~o.l..J O. /i),}~~~~, i).c . Witness ., . ::rs~~/ C. C)e..So.n..J, S (Print NID;\c of'W1tnes.3) . Cbarles""Sonny McCoy, Mayor of Monroe County Dated_O.,....,? -00\ 3 LOCATION MAP: A PORTION OF STOCK ISLAND. FLORIDA NOT TO SCALE U.5. H\G~HW^,,( 11 , ~ ~r 25l iHW#f:f!i!J!ii 23 ~r ~^Ulr~~.".~~ ' MACDON^LD ^YENUE '.t r~ SITE DATA: (fOR PREVIOUSLY PROPOSED SElf-STORAGE fACILITY) ZONING: PROPOSED USE: TOTAL SITE ARI:A: ALLOWABLE BUILDING AREA: BUILDING ARI:A PROPOSED: OPEN SPACE REQUIRED: OPEN SPACE PROVIDED: REQUIRED PARKING: PARKING PROVIDED: fEMA fLOOD ZONE: UC (URBAN COMMERCIAL) SElf-STORAGE fACILITY 70,073 Sf (/ .0 I ACRES) 70,073 Sf X 0..45 fAR. = 35,492 Sf 35,200 Sf , ,', 70,073 Sf X 0..2 O.S.R,(DISTURBED)."".'15, 775 21 ,000. Sf , " ", 35,z6oSfX2.5 SPACES PER IOOO5f'-:~SPACES 054 SP~ @ 0,5' X 10' PWs 4.H,C. SPACES@ 12' X 2 I AE, EL. 9 - SITE DATA: (fOR PROPOSED CREDIT UNION MAIN OffICE fACILITY) ZONING: PROPOSED USE: TOTAl SITE ARr.A: ALLOWABLE BUILDING AREA: BUILDING ARJ:.A PROPOSED: OPEN SPACE REQUIRED: OPEN SPACE PROVIDED: REQUIRED PARKING: PARKING PROVIDED: fEMA fLOOD ZONE: LEGAL DESCRIPTION: UC (URBAN COMMERQAL) CREDIT UNION MAIN orfICE~f~CIUTY 70,073 Sf( 1.0 / ACRES) 70,073 Sf X 0..45 fAR, = 35,492 Sf 25,I20.Sf 70,073 Sf X 0.,2 O.S,R, (DISTURBED) = 15, 775 29,000 Sf 25,120. Sf X 3 SPACES PER,' 000 Sf = 7GSPACES 74 SPACES @ OS X 10' PLUS 4, H,C. SPACES @ 12' X 2 AE. EL. 9 .1 .", Lot~ 1-20.. Block24, STOCK ISlAN~,~Su!>d1Vl510n of Government.Lo.ts~~t,,~;'_ I I. 2, 3. 5 4: G, Section 35, Govemment, Lot 2, Section ,3G, Government Lot 3. . -.;.--- * - S-ml~rf :2b"}nJ~.Gov~rtf~ -lln:~~'.--:trJtirr7Own~~lp' (;?-5Outtr~ ~7: - Ran<:je 25 East, on Stock Island, Monroe County, flonda, accord,n<:j to the Plat Thereof, as recorded In Plat Book I, at Pa<:je 55 of the Pu!>loc Records of Monroe County, flonda, " PROPOSED CREDIT UNION MAIN OFFICE FACILITY DATA: BUILDING AREA: fiRST flOOR: SECOND fLOOR: THIRD fLOOR: TOTAL BUILDING AREA: PARKING REQUIRED: 3 SPACES PER 1000 Sf 25: /20. Sf X 3'PER 1000 Sf 7G PARKING SPACES REQUIRED PARKING PROVIDED: 74 SPACES @ 0,5' X 10' 4 H,C, SPACES /Iil 12' X 21 . 70 PARKING SPACES PROVIDED I ,GGo. Sf I 2,400 Sf I 0..900 Sf 25,120. Sf .;. 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-108 v. R~VI.s0 MONROE COUNTY, a political subdivision of the State of Florida; and JOSEPH PASKALIK, in his official capacity as Building Official, DefendantJRespondents -,/1),/3 / 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 of25,120 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 Agreemertt, or any other provision of the Comprehensive Plan or Ordinances 'f1 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 term~, 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. A substantial portion of said lien predated the Original Settlement Agreement. Commencing July 17, 2002, and running until satisfied, the lien is recognized as being in full force and effect until satisfied. Pursuant to Section 9.5-49, MCC, no development approval process shall be conducted until said lien is satisfied. 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: BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY By: Deputy Clerk Dated By: Dixie Spehar, Mayor MONROE COUNTY BUILDING OFFICIAL By: Joseph Paskalik RICHARD. M. OSBORNE, as Trustee By: Signature of Witness Printed Name of Witness '-, AN~Et, ~TTON DP~ -;)/' 'idJ ~ tJ ~ / ~~ ~o ;:c'~ ~CL ;:c )-4. ~~ ~(Jq en iF.. \ ~~ ,~ ~~ '.'~ ("3 \II ,0 ~ \" '~: C )0 " z:. r:. '. -\ '\S ..,,' -(,~, , .. ~ \\ r \) ~ t.="'" ~ !'.~~i ..sa ~: ~ ~ ~..i~ i . , :1 i " r, , '.',. i ; j ri r I ~ ! :J 3 .:I , )0 ~ ~ & .~~} ~ / f\ c ~ :r: ~ =- - o , -se:dc9D ~-r(?01 R:.o.W) ~lACKI ~3~M'~.t7 L1~e (t1~UJA) I i I, . 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-108 v. MONROE COUNTY, a political subdivision of the State of Florida; and JOSEPH PASKALIK, in his official capacity as Building Official, Defendant/Respondents / 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 consisting of construction of25,120 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: Deputy Clerk Dated Signature of Witness Printed Name of Witness BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY By: Dixie Spehar, Mayor MONROE COUNTY BUILDING OFFICIAL By: Joseph Paskalik RICHARD. M. OSBORNE, as Trustee By: BY DATE ~ 3~~rY ~~~~~~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 Osborne and Monroe County in the matter of Richard M. Osborne, Trustee, et al. V. Monroe County, et aI, CA K 01-108. ATTEST: DANNY L. KOLHAGE CLERK: o co ~ -< m By: Deputy Clerk Dated By: Dixie Spehar, Mayor BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY RICHARD. M. OSBORNE, as Trustee Signature of Witness Printed Name of Witness By: (DATE) ~ll CfJ q 0:; :"" 0 hU ::Z;Cr'j :::Jo:; (:) {_J ~l ~ kJ ....-/ C) C' ,1:;>--/ ':::rx.. '-=, rx.. ~-: 0 r-!<;ji (\)LD QJ~ IT) I"l, i' r-j [\J r-l "",LD wrl l---_: =t:t:: '--<~ Go.CI) ::E: 0., r---~ ~ 0:; .. ~ fT1 ..-.::] <S>u Q ~ ""'c.CJ ""'~ C-J X ...cJ r-O 0:0<. L....cJ Q, ~r: >< z ClZ I-.J r=:t: O:;q MONROB COUNTY OFFICIAL RECORDS /f FILE '1 1 707 21 BK#1623 PGJ1820 MONROE COUNTY RCD Har 21 2000 08r35AH OFFICIAL RECORDS DANNY L KOLRAGB, CLBRK BEFORE THE CODE ENFORCEMENT SPECIAL MASTER J. JEFFERSON OVERBY OF MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Petitioner, VS. RICHARD OSBORNE CASE NO. L8-99-454 RespoDdent(s). IfJ I ORDER IMPOSING PENALTYILIEN i'. TIllS CAUSE having come on for public bearing before the Special Master on August 31 st, 1999, after due notice to the Respondent(s), at which time the Special Master beard testimony under oath. received evidence. and issued his Order finding the Respondent(s) in violation of Monroe County Code Section(s): ~9.5-111(a). No Development shall occur except pursuant to a building penniL A building permit is required for signs ("Hickory House" double-sided billboard and "mini-storage" sign on unpermitted ground-mounted struclW"e adVertising real estate listing); ~9.s-404(aX2), Real estate sign exceeds six (6) square feet (double-sided sign exceeds allowable sign-fact limit (fur informational PlD]lOses); and 9.5-403(bXI), Off-premise signs are prohibited (for infonnational purposes). Said Order and/or subsequent Ord... required the Respondent(s) to CORect the viOlation(s) by September 23rd, 1999, and further, that W1ure to conect the violation(s) by the compliance dale may result in a fine of $20.00 (TWENTY DOLLARs), per day being Unposed for each day thereafter that there is noncompliance. At the meeting of the Special Master held on October 28~, 1999, Inspector Carbonell testified that the violation(s) had not yet been corrected. ACCORDINGL Y, the Special Master finding that the violation(s) had not been corrected. as previously ordered, it is hereby: ORDERED that the Respondent(s) pay to Monroe County. Florida. a fine in the amount of $20.00 (DOLLARs), per day, beginning September 24th. 1999, and for each and every day thereafter that the violation(s) exist(s) and/or continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a finc in the amount of S100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative recovery for prosecution and investigation. tJ:Ihj :>;H _t"< f.Jt"1 0'1- ~f.J 01f.J OJ "OW ~W f.J~ 1.001 UI ~ O:tl )>on zo z o<z o tot<: :>;"" Ow tot ::Z:..- >ID ClID t"11D .. n~ t-'I.O orJ.. ::o~ :>;1.0 > 3: ('\~ ~I ro~ IT) 0. I' I' rl f\J rl >t1D cr~ rl ,-') #0 ,.j~ ;"l:. LIJ . (~H ~; (J,.:;';ll~ :cJ:; r1 \.c;: ~~ " - '-- "'-/~":" # ~\.t.:Y -:; :,j ""ec'" --< -. ~ ~~ -; '0 /, '~"~.'~ . ~t "-' 0.. CJ >.. ... .... t:i a:: 0 ,~ (f) <1l ,'. Z u ~ - 'I:l :;, :; MONROE COUNTi 0 ~. .e, ~~ ~ I ~,~ . OFFICIAL RECO"R!>S ~ 0 ~::: :--'. ~~ r::-:'::l nZv r_ 0 II::""":J '-./ % OJ ..... '- r:: r:: r~ <(- ("?-- >'0<':1\ ~Qu" ~ ~ ~~"1J. 0 } f-,Z Ui::~ C-l <: ::J '" 'UJ':: rn . E-< 0 :.c ';:: >.:..a q TIDS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLA TION(S) EXlST(S} AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR(S). THE VIOLATION(S) EXlST(S) ON THE FOLLOWING DESCRIBED PROPERTY: LOTS 1 THROUGH 20, SQUARE 24, MALONEY SVBDMSION, STOCK ISLAND, MONROE COUNTY, FLORIDA (RE: 00124090-000000) Pursuant to Section 162.09. Florida Statutes. and may be recorded with the Clerk of the Courts for Monroe County. Florida. 1D rl'11 That upon complying. the Respondent(s) shall notify the Code Inspector in this case. who shall reinspect the property and notify the Special Master of compliance. DONE AND ORDERED this ~ day of November. 1999. at the Monroe County Government Regional Center. Marathon. Florida. FILE ,~ ~ 707 2 ~ BR' ~ 6 2 3 PGJ1. a 2 ~ ~ BY J.Je Co / STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day. before me. on officer duly authorized in the State aforesaid and in the County aforesaid. to take acknowledgments. personally appeared J. JEFFERSON OVERBY. personally known to me. who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of November. 1999. Sb:L~a~2 N ubbc ~.Y "II. C!fFlCW:NClT.vrt'1EA( o ~ ~LIICtAW ~ It ,.".,....'lIIICW..... '7; .~... 'C' ccaaf7llll ~ 0, f~dP IIY".....,~. ~JIlOWa PeT. 21 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing PenaltylLien has been furnished by U.S. Mail. to the Respondent(s) at 7001 Center Street, Mentor. OH 44060-4933, thiS<~c9..4((fNovember. 1999. MONROE COUNTY ~ "\ /"" OFFICIAL RECORDS ~,/ ) Helen Brooks Yaniz, Code Enforcement Liaison I hefeby certify this doctment to be a correct copy Qriginar. . MONROE COUNTY OFFICIAL.RECORDS ... '. . CIJ"'!l ~H #t"'" /-1t'J 0\# ~/-1 Ul~ Ul "tlW ~W ~~ \OUl Ul :t :0.