Item R5
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
January 19, 2005
Division
County Attorney
AGENDA REM WORDING
Approval of second amended settlement agreement in Richard Osborne, Trustee and Conch
Contrada, L.C. v. Monroe County, CA K 01-108.
ITEM BACKGROUND
The County previously has settled this inverse condemnation suit via a settlement
agreement which permitted development on the property within certain time constraints.
Currently, Conch Contrada has until July 13, 2005 to initiate development of the approved
mixed use commercial facility, or in the alternative, a 7,500 square foot restaurant. Due to
health problems of the principal and other issues, Conch Contrada is requesting a one year
extension of that deadline.
PREVIOUS RELEVANT BOCC ACTION
In July of 2002, the Board approved a settlement agreement in this litigation. The Board
approved an amended settlement agreement in May of 2003.
CONTRACT/AGREEMENTCHANGES
Extends for one year the right of Conch Contrada to initiate development.
STAFF RECOMMENDATIONS
Both legal staff and growth management staff recommend approval.
TOTAL COST
0.00
BUDGETED Yes No
COST TO COUNTY 0.00
SOURCE OF FUNDS
APPROVED BY: County Attorney _
OMB/Purchasing! Risk Management!
DIVISION DIRECTOR APPROVAL:
DOCUMENTAnON:
Included
AGENDA ITEM #
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IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
PlaintifflPetitioners,
Case No. CA-K-OI-I08
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
/
SECOND AMENDED SETTLEMENT AGREEMENT AS TO CONCH CONTRADA. L.c.
Plaintiff 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"), (collectively, the "Parties"), previously resolved their differences which gave rise to
the above-styled action, wherein the parties agreed to settle the matter between them upon the
terms and conditions recited in paragraphs 2, 3, and 5 in the Settlement Agreement dated July 17,
2002, hereinafter "Original Settlement Agreement," attached hereto as Exhibit "A".
1. The parties agree to amend the (first) Amended Settlement Agreement as follows:
a. Paragraph 5 is amended to now read:
Conch Contrada agrees to submit an application for Amended Conditional
Use Order that reflects the intended change in use, should Conch Contrada
decide to develop the subject property with an alternative use(s). Upon
approval of the Amended Conditional Use Order by the Planning Director,
and in accordance with the development orders referred to in Paragraph 2
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 construciton of one 7,500 square foot
restaurant, or as an alternative, a 7,500 square foot medium-intensity,
mixed use, retail and/or office/professional use facility in RaGa Year 13
or 14 (July 14,2005 - July 13,2006).
2. The parties further agreed that no provision in this agreement shall exempt
Plaintiff Conch Contrada LC from any requirements imposed by statute and/or
ordinance to connect to a central sewage system when one becomes "available" as
that term is defined by statute and/or ordinance.
3. Plaintiff Conch Contrada, in cooperation with Monroe County, will prepare and
submit to the Court pleadings or notice required to address the Amended
Settlement Agreement. Conch Contrada shall pay any costs incurred as a result of
filing this Second Amended Settlement Agreement and any associated pleadings
or notices with the exception that each party shall bear its own attorney's fees.
4. All parties acknowledge that the original agreement was entered into for the
purpose of settling pending litigation and that this Second Amended Settlement
Agreement does not constitute an admission or evidence that any 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.
5. All other terms ofthe Settlement Agreement dated July 17,2002, and the (first)
Amended Settlement agreement which was approved by the Board on or about
May 21,2003, especially as it pertains to Conch Contrada, L.C., shall remain in
full force and effect.
6. This Amended Agreement shall not be valid and binding upon the parties until
approved by the Court and incorporated into a Second Amended Final Judgment
entered by the Court in these proceedings.
7. Until this Second Amended Settlement Agreement has been approved by the
Court pursuant to the preceding paragraph, the Original Settlement Agreement
and Judgment previously entered, and any subsequent approved amendments or
modifications shall remain in full force and effect.
ATTEST:
DANNY L. KOLHAGE
CLERK:
BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
Dated:
Dixie Spehar, Mayor of
Monroe County
MONROE COUNTY BLDG. OFFICIAL
By:
Joseph Paskalik
CONCH CONTRADA, LC
Signature of Witness
By:
Libby Trevor
Printed Name of Witness
MONROE COUNTY ATTORNEY
PP 0 FORM: