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Item N7BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 20, 2012 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Bob Shillinger x 3470 AGENDA ITEM WORDING: Approval of Eleventh Amended Settlement Agreement in Case No. CAK 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 a national drug store chain. The proposed Amendment to the Settlement Agreement allows for a two year extension of the settlement agreement which would allow Keys Federal, or a successor in interest to construct a 25,120 sq. ft. credit union, banking or financial institution office facility requiring 74 parking spaces plus 4 handicap parking spaces by July 13, 2014. 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 4' APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # 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-0I-108 V. MONROE COUNTY, a political subdivision of the State of Florida; and JERRY SMTTHI, 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 "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 " % 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 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 1 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.R.Civ.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: 57 Deputy Clerk OF MONROE COUNTY I0 David Rice, Mayor MONROE COUNTY BUILDING OFFICIAL Signature of Witness Jerry Smith Signature of Witness KEYS FEDERAL CREDIT UNION as Successor in Interest to RICHARD M. OSBORNE By: Signature of Witness Scott Duzinski, President/CEO Printed Name of Witness Signature of Witness Printed Name of Witness MONROE COUNTY ATTORNEY APPR S TO ROBE T B. SHILLINGER, JR. CHIEF A$8IST TT7WNTY ATTORNEY Date. , IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA RICHARD M. OSBORNE, as Trustee; and CONCH CONTRADA, L.C., a Florida Limited Liability Company, Plaintiff/Petitioners, Case No. CA-K-0I-108 V. MONROE COUNTY, a political subdivision of the State of Florida; and JERRY SMITH, in his official capacity as Building Official, Defendant/Respondents ORDER APPROVING ELEVENTH AMENDED SETTLEMENT AGREEMENT AS TO KEYS FEDERAL CREDIT UNION, AS SUCCESSOR IN INTEREST TO RICHARD M. OSBORNE THIS MATTER was considered, and the Court having reviewed the Eleventh Amended Settlement Agreement entered into by the parties and finding same to be acceptable, it is ADJUDGED that the Eleventh Amended Settlement Agreement is approved. The Court shall retain jurisdiction over the parties to enforce the terms of the Agreement contained therein. DONE AND ORDERED at Key West, Monroe County, Florida this day of , 2012. CIRCUIT JUDGE c: County Attorney Adele V. Stones IN THF- CIpCOji' COURT OF THE SIXTEENTU CIRCUI IN ANY FOR XONRaE COUNTY, FLODI�A L RICHARI) M. OSBORNE, as Trustee; and CONCH CONT Florida Limitcd Lia ' llit , L ' a .�npany, Plaintiffs/ petitioners! Case No. CAIK V. MIONROE C: nwry, a politicalsll ivis'on of the State of Florida; and JUSI3PN p�� i •^ ASKALIK ' . capacity as Building, in his official r.� ,7 Official, x' 17 dant/ Res .7 . Delen onde -`' w p nts. '�'��•�'. ��� 4 7 ca '�7"�'LE11iENT AGREEMENT 1'lain(ifis RICRARD M. OSBORNE, as Tnustee (Osborne CONTRAi?A, 1,.C, '% and CONCXI t: a Florida Limited Liability Company ("Conch Defendants, A'IONRCE. CO 1NT'Y, a olit! i Contrada"), and P cal subdivision of the State of Florida ("Monroe County"), and J Sp:IY PASKALIK, in hisl ofBci 1 Official ("Paskaiik" ! a capacity as Building.}' having 'cably resolved their differences which gave rise action, hereb i c to this Y 4grec, to settle t is hi matter between them pon the following conditions: 6 ternts and . l As to Osborne, Mionroc County agrees: a)! at a Major Conditional Usk construct a 35,200 sq. f . mini to st' r a Q ge warehouse has;,beon approved, with conditions, by Monroe County Planning Corn ; }ssion on January 27, 19� , under Resolution No'. P3.97, mcorded at 0. R. Book 1446, 4ges 2205 - 2207; b)! that 11 variance with regard to off- street parking, reducing the nut ller Of required Parkin g spices from 3.0 to 2.5 per 1,000 Exhibit "A" sq, 11. of floor area for the proposed mini -storage warehouse was graded by the Monro County Planning Commission on ,lanuary I7, 1997, wider Resolutioo,�l°, P - e 2 97, and, c) that both development orders are presently valid and in full farce and- effect. 2. As tb Conch Contrada, ,L.C., Monroe County a gree�: a) that a Minor Conditional Use Development Order No, 5-99 to construct one ,500 square restaurant � q foot to relocate an. existing sewage treatment f driveway, wa4 approved, acilit y, and t locate a shared with conditions, by the planning Director of onroe County August 4, 2000, recorded inn Oil R Book 1654, pages 159I-1595 development ; ardor is presently valid and �d' b) that this m full force and effect. 3• Notwithstanding anything in any of the development or ,ers referred to in Paragraphs l or 2 above (Ind, specifloally Condition No. I in Development Order No. 5-99°nditionaI Use or any other provision of the Comprehensive Plan or Ordinances of Monroe County no building permit shall be denie d to +lier Osborne or Conch Contrada, L.C., on the basis of Monroe County's regulations j elatin �esidenhal rate: ofgrovA,th or I` g to non - allocation system or its equi in Monroe County C� 'County Ordiiwnce Na, 4. In accordance adoption (or lack of adoption) of a nonr sidential permit at, including, but not limited to, the regL lations set forth ve Plan policies 101.5.1 through 101.3[5, and Monroe the development orders referred to above, Monroe'County agrees to process in Pm'agraph..1, P promptly upon submittal Osbo for building permit for construction of a 35,200 sq. ft. mini -story a wart Year 12 (duly 14, 2003)through July 13, 2004). g re 's application in ROGO 2 k � • 5• In accordance with the development order referred to in paragraph 2 ahn1'e. Monroe County agrees to process promptly upon Conch C submittal p ' ontrada's 1pplication for .building permit for construction of one 7,500 square foot restau t to relocate an existing sewage treatment facility, and to Iocate a shared RO O drtvcway; in ROC}0 Year I 1 (July 14,.2002, through July 13, 2003). 6• Except as �XPWSSIY provided herein, Osbome and Conch Contrada L Monroe County and Paskaiik, waive any claim that .C., each asserted or was capable of asserting in this cause and each shaft bear its own attarney's fees and costs of this proceeding. In Particular, and without limitation, Osborne and Conch Contrada, L.C. behalf of themselves,. their members, beneficiazies and any others claimingb ' on then, waive all claims fur damages and Y or through compensation for denial of due process and inverse condemnation (also ;referred to as regulatory or temporary taking arising the County's actions and regulations prior to the date of this ) .from Settlement Agreement. 7• The Plaintiffs Osborne and Conch Contrada, L.C. will prepare andsubmit. to the Court a "Notice of Voluntaryt Dismissal With Prejudice" of their present claims against the Defendants. 8. All parties acknowledge that this agreement is entered into for the OF settling pending litigation and does not constitute an admission o purpose actions of Monroe County or its employees that Plai r evidence that any nhffs complain of were unlawful, unconstitutional or deprived Plaintiffs or any others of any tights oA oerty_ Witness;`=---- r (Print Name of Witness) • Charles ` onny CCU Mayor of Monroe County Dated G •-y 7 I 3 fitness •-1 .� -�� ^^' ° of ...1•� . (Print Nano oi' Witness) . rr �. Witnes f { d r`A ! IS. S. r �. j r (Print N'of f Witness)--�"—"' Witness (Print DZe o f Witness) APPro ed to legal sufficiency By: Mark S. Ulmer, Esq- SPecial (bunsel to Mon. County El 4dWe I Paskalik, as BuiIding.0�Dial For Monroe County • Dated C1 4 Richar . Os brae, ustee Dated onch G Dated da, ' - i I IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA RICHA.RD M. OSBORNE, as Trustee; and CONCH CONTRADA, L.C,, a Florida Limited Liability Company, Plaindwetitiouers, Case No. CA-K-01-108 V. MONROE COUNTY, a political subdivision of the state of Florida; and JOSEPH PASKAL K, in his ofMcial capacity as Building Official, Defendant/Respondmjts Plaintiff`s PICHARD M. OSBORNE, as Trustee ("Osborne"), and CONCH CONTRA,DA, L.C., a Florida Limited Liability Company ("Conch Conttada"), and Defendants, MONROE COUNTY, a polities! subdivision of the State of Florida ("Monroe County,,), and JOSEPH PASKALIK, 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, hWeWAfb6r 440riginal Settlement A groemeut,,' attached hereto as Exhibit "A". I. The m4jor conditional use granted to Osborne to constrict a 35,200 square foot mini -storage warehouse with 84 parking Spaces plus 4 handicap spaces during POGO Year 12, through tiie Original Settlement Agreement, shall be amended to allow an alternate -use con istin B Of Construction of 25,120 squarefret credit union, hmldng or fluneio institution office facility requiring 74 parking spaces, plus 4 handicap paridag sp cea d wring ROQO Year 14. Exhibit "B", w/o exhibits e 2. Notwithstanding anything in any of the development orders referred to in the Original Settlement Agree1ment, 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$ regulations relating to non-residential rate of growth or the adoption (or lack of adoption) of h nonresidential permit allocation system or its equivalent, including, but not limited to, the re gulations set forth in Monroe County Comprehensive Plan policies 101.3.1 through 101.3.5, and Monroe County Ordtttattce No. 032-2001, 3. 1n accordance with the development orders referred to in paragraph I of the original Sett101neut Agn*ment, Monroe County agrees to Process submittal the application for building permit by Osborne or his assigns upon for constractioa of mini storm warehouse per the 0riginai Settlement Agreement during R000 Year 12 or the alternative 25,120 sq. ft. credit union, bang 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 Countyand P askedik, waive any claim that each asserted or was capable of asserting in this cause and each shalt bear its own attorneys 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 Proem and inverse condemnation (also referred to as regulatory or temporary taking) arising ftm the County$ actions and regulatloas prior to the date of this Amended Settlement Agreement. 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 acltnowledge that the Original Settlement A)p=rnent 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 Mom 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 Covet in these proceedings. 10. Until this Amended Settlement Agreement has been approved by the Court P'3ua"t to Pph 9 above, the Original Settlement Agreement and Judgment Previously entered and unmodified shall remain in full force and effect. ATTEST: DANNY L. ROLylk-GE CLERK: Deputy -Clerk Dated&3 = 12 �-6,S Sig re of W, ignature of Prfuted Name of IAV4 Wltbess BOARD OF COUNTY COMISSIONEPS OF MONROE COUNTY 19P.—Il"�L �w Dbdo Sperm, Mayor IN THE CIRCUIT QOURT OF TI-M SDI-MENTH JUDICIAL CIRCUIT IN AuND FOR MONROB COUNTY, RtDA RICIVARD M. OSBQRIVB as Truce and CONCH CONTRADA, L.C,, a Florida Limited Liabilky Plairrtiff/Patid �� Case No. C -R-01-108 V. MONR.OE COUNTY, $ political . . subdivision of the State of Florida; and JOSEPH PASKALK in his oftlstl capacity as Building Official, Detbndantaespondents SECOND AURmh'aT ®,e.,..�.. - Pla td& RICHARD At OSBOUB, of Truatee ("Osborne"l and CONCH CONTRADA. L.C., a Florida Limited Liability Cornpany ("Conch Conn-ada"), and dents, MONROB COUNTY, a political subdivision of the State of Florida ("Monroe Cou "), and JOSF..PH PASX LII�, in his official capacity as $adding Official ("Paskalik" , p } ly resolved their dIlkenow which gave rife to the aboveretyled action, wherein the parties Weed to cattle the matter between them upon the terms anti conditions recited in the Settlem nt Agreement dated July 17, 2002, hereinafter "Original Sbttiem ent AgraemaM," attanhed hft o as Exhibit "A", On March 19, 2003, the Board of Coun CQmmifsioaers of Monroe C Y I WOVed the Amended Settlement Agreement, berei na$ar " i ended Battlement Agreement" horeto as Exhibit The parties agree to amend the (mended) settlement agreement of follows. I , The Keys Federal Credit Union, as successor in interest to Gsbome, has received tbroto the Amended settlement Agreement Major ' Conditi !Use Approval to Exhibit "C", w/o exhibits Construct a 25,120 square foot credit union, banking or financial institution othce facility requiring 74 paridng spaces plus 4 handicap poidng spaces during ROGO Year 15. 2. Notwithstanding anything in any of the development orders referred to in the Original or Amended Settlement Agreement, or any other provision of the Comp ve Plan or Ordinances ofMonroe 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 nowesidemial Permit allocation "atom or its equivalent, including, but not limited to, the nWAWons sec forth in Monroe County Comprehensive Plan Policies 101.3.1 through 101.3. S, and Monroe County ordinance No. 032.2001. 3. In accor+ *" with the development orders nfirred to in pasrgrsph 1 of the Original Settlement Agreement, Monroe County agrees to process promptly upon submIttol the aPpl'cation 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 ahattativa 21,120 sq. 8, credit uelM bsndng or financial institution office fhcility in ROGO Year 15 (July 14, 2006, through Ju ly 13, 2007), 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 attorneys fides and costs of this proceeding. In particular, and without limitation, Osborne, on behalf of ltsel& their heirs, successors, beneficiaries and any others clamming by or through them, waive aIl 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 r"dations prior to the date of this Amended Settlement Ag eemwt S. 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 patties acknowledge that the Original Settlement Agreement was entered into for the purpose of settling pending litigation and that this Amended Settlement Agreement does not consftfte an admission or evidence that any actions of Monroe County or its employees that Plaintiffs Complain of were unlwuig unconatitudonal or deprived Plamtin or others of rights v any �+' 'ghts or pre�� -•� 7. All other terms of the Original Settlement `�' r 0 � Agreement dated July 17, 208 remain in full force and eff%ct. -+y %9 r ran © d S. This Second Amarded Agrawnent shall not be valid and binding upon the parties +a until approved by the Court and incorporated into an Amended Final Judgment entered by the Court in these procoe&W 9. Until this Second Amended Settlement Agreement has b"m approved by the Court pursuant to Paragraph 8 above, the Original Settlement Agr want and Judgment • >>`a ,: udy entered and unmodified shall remain in full force and effect. BOARD OF couN PY OF MONROE CO F S. By. Deputy C irk r..a ..r.,.. .,.,,._ MONROE COUNTY WILDING OFFICI4L 49!L* � �47��� Joseph Paska KEYS PMERAL CREDIT UNION as Successor and interest to RICHARD OSBORNE Signet= of v mess Q�Ly4S By: Pruned Name of WItneas CWWYArroRW Iffft A-__ Pq THE CIRCUIT COURT OF TEM SMMgTH JUDICIAL CIRCUIT 'N AND FOR MONROE COUNTY, FLORMA, RICHA,RD M. OSBORNE, as Trustee; and CONCH CONTRADA, L.C., a Florida Limitod Liability Company, Plaurt>ettttoners, Case No. CA K-01-I08 v. MONROE COUNTY, a Political . subdivision of the State OModda; and JOSEPH PASKAUK, in his official capacity as Building Official, mderWReapondents Plaintiff CONCH CONPRADA, L.C., a Florida Limited Liability Company ("Conch Corr"), and Defendants, MONROE COUNTY, a political subdivision of the State of Florida '"Monroe Cormty"), and JOSEPH PASKALIK, in his ofticcial opacity as Building Official ("p"WflC"), (colloctWy, the "Pardee"), Previously resolved their differencCB which gave rive 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 I7, 2002, hereinafter "Original SeWernent Ag,00ment," attached hereto spa Exhibit "A". The Settlement Agreement was Previously amended to provide for a change in the conditional use and to extend the time period for 60dimg pert application and construction of the approved conditional use. follows: Ti* parties agree to' emend the (second) Amended Settlement Agreement as a. Paragraph 51s amended to now read: Exhibit "D", w/o exhibits 'C onch Contrada agrees to submit an RPPU tiar1 for Amended ColuligmW Use Order that reflects the intended change in use, should Conch Contrada decide to develop the subject property with an alternative use(s). Upon Approval of the Amended Conditional Use Order by the Planning Director, and in accordance with the development orders referred to in Paragraph 2 ofthe Original Settlement Agreement, Monroe County agrees to proves Promptly upon submittal the application for building parrnh by Conch Contrada or its assigns ibr conatrucdon of one 7,500 square foot restaurarrt, or as an alternative, a 7,500 wpm foot medlum-intensity, mixed use; retail and/or office/professional use fhcility in AOGO yea. IS (July 14, 2006 - July 13, 2007). 2. The parties fiuther agreed that no provision in this agreement shall exempt plaintiff Conch Comrsda LC fi+om 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 Comrade, in cooperation with Monroe County, will prepare and submit to the Court pleadings or notice required to address the Amended Settlement Apftment. Conch Conbl& shall pay any costa incurred as a result of Ming this Second Amended Settlement Agreement and any associated pleadings or notices with the exception the# each party shall bear its own attorneys fix 4. Ail parties acknowledge that the original agreement was entered into for the purpose of settling Pendng 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, unoonstitutianal or deprived Plaintiff or any others of any rights or property. 5. All other terms of the Settlement Agreement dated July 17, 2002, and the (first) Amended Settlement agreement which was approved by the Hoard on or about May 21, 2003, and the Second Amended Settlement Agreement which was A approved by the Hoard on or about 3anuary 19, 2005, especially as it pertains to Conch Contra* L.C., span remain in iltll force and effect. This Mended Agreement shall not be valid and binding upon the parties until approved by the Court and incorporated into a Third Amended Final Judgment entered by the Court in these proceedings. Until this Third Amended Settlement �,.�,e C Agreement has boon approved Ultk r pursuant to the preceding paragraph, the Original Settlement Agreemeg N Judgment previously ater+ed, and any subsequent approved amen" .n moMcations shall remain in 1hil force and affect a ► ) o W HOARD OF CO OMMISSIONERS Charles MoCoy, % of Monroe county MONROE COUNTY BLDG. OFFICIAL By r„1 P `GAG seph sIr�c MON E C k1N Y ORNEY M; RO IN , JR. AA$I NT rj NT RNBY oaa�_ r- M a �u CD O Sltu�f� CO.t INIibC C Sign' ss By46 LC Ci`dySawyea — Panted Name of Vitnws pTr 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. Cbmpany, Plaintiff/Petitioners, V. Case No. CA=K-01-108 MONROE COUNTY, a political subdivision of the State of Florida; and JOSEPH PASKALIK, in his bfficial capacity as Building Official, Defendant/Respondents a FOURTH Ai�NDED EMENT �ENLam-9- TO ^• vc� � '`, Y FED REDi:i N A U CE IN. TO RI HARD OSB E Plaintiff KEYS FEDERAL CREDIT UNION ("Credit Union"), as successor in interest to Richard M. Osborne, Trustee, and Defendants, MONROE COUNTY, a political subdivision of the State of Florida ("Monroe County"), and JOSEPH PASKALII{, in his official capacity as Building Official ("Paskalik"), (collectively, the ,parties" having previously amended a settlement agreement in the above -styled action, and agreed to Credit succeeding Osborne according to the rights and duties contained in: . a. The Settlement Agreement dated July 17, 2002, hereinafter "Original Settlement Agreement," attached hereto as Exhibit "A". b. The Amended Settlement Agreement dated March 19, 200311 attached hereto as Exhibit "B". C. The Second Amended Settlement Agreement dated May 16, 2006 attached as Exhibit "C". Exhibit "E", w/o exhibits d. The This d Amended Settlement Agreement as to Conch Contrada, L. C. dated May 16, 2006 attached as Exhibit "D". 1 • The parties hereby agree to amend the Second Amended Settlement Agreement as follows: a• Paragraph 1 is hereby amended to read: 1 • The Keys Federal Credit Union, as successor in 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 facility requiring 74 parking spaces plus 4 handicap parking spaces during ROGO, Year 16 (ending July 13, 2008). b. Paragraph 3 is hereby amended to read: 3. in accordance with the development orders referred to in paragraph 1 of the Original Settlement Agreement, Monroe County agrees to Process promptly upon submittal the application ibr building permit by Osborne or his assigns for construction of mini -storage warehouse per the Original Settlement Agreement during ROGO Year 12 or the alternative 25,120 sq. ft. credit union, banking or financial institution office facility in ROGO Year 16 (July 14, 2007 through July 13, 2008). K 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 Settlement Agreement as to Conch Contrada, L. C. shall remain in full force 4nd effect. d• Paragraph 8 is hereby amended to read: 8. This Fourth Amended SettlententAgreement shall not be valid and binding upon the parties until approved by the Court and incorporated into an Amended Final Judgment entered by the Court in these proceedings, e• Paragraph 9 is hereby amended to read: 9. Until this Fourth Amended Settlement Agreement has been approved by the Court pursuant to Paragraph 8 above, the Preceding paragraph, the Ortglnal Settlement Agreement and Judgment previously entered and unmodified, and any subsequent approved amendments or modifications shall remain in full force and effect. ATT DANN�'���y�`` CLERK O- T By C—eAL- eputy Clerk 1 /Signatureess ;Pndt&ed—Name of Witness Signature of Witness k/,S?40nen,� Printed Name of Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORID Mayor/Chairperson MONROE COUNTY ATTOR Y AP VED AS TO F S A NE ON COUNTY OR Y Data MONROE COUNTY BUILDING OFFICIAL By: Joseph Pas KEYS FEDERAL CREDIT UNION as Successor in Interest to RICHARD M. OSBORNE By: reside CEO 4 IN THE CIRCUIT. COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA RICHARD M. OSBORNE, as Trustee; and CONCH CONTRADA, .L, C., a Florida Limited Liability Company, Plaintiff/Petitioners; V. . MONROE COUNTY,. a political subdivision of the State of Florida; and JOSEPH PASKALIK, in -his official capacity as Building Official, Defendant/Respondents Case -No. CA-K-0.1-108, 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 PASKALIK, in his official capacity as Building Official ("Paskalik"), (collectively, the "Parties"), previously resolved their differences which gave g rise to the above -styled action, 4herein the parties agreed to settle the matter between them upon the terms and conditions recited in: a. The Settlement Agreement dated July 17, 2002, hereinafter "Original Settlement Agreement," attached hereto as Exhibit "A". b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as Exhibit "B". C. The Second Amended Settlement Agreement (Osborne) dated May 16, 2006 attached as Exhibit "C". Exhibit "F", w/o exhibits d. The Third:trrtended Settlement Agreement as to C'onr( .. - . da, L.C. dated May 16, 200E attached as Exhibit "D". 1 • The parties hereby agree to amend the Thud Amended Settlement Agreement as follows: a. Paragraph 1.a. (Paragraph 5 of original Settlement Agreement) is hereby amended to read: 1, a• Conch Contrada agrees to submit an application for Amended Conditional Use Order that reflects the 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 construction of one 7,500 square foot restaurant, or as an alternative, a 7,500 square foot medium -intensity, mixed use, retail and/or office/professional use facility in ROGO Year 16 (July 14, 2007 - July 13, 2008). b. Paragraph 3. is hereby amended to read: 3. Plaintiff Conch Contrada, in cooperation with Monroe County, will prepare and submit to the Court pleadings or notice required to address the Fah Amended Settlement Agreement, Conch Contrada shall pay any costs incurred as a result of filing this F ffji Amended Settlement Agreement and any associated pleadir ga or notices with the exception that each party"shall bear its own attorneys fees. 2 C. Paragraph 4 is hereby amended to read: 4. All parties acknowledge that the original Settlement Agreement was entered into for the purpose of settling pending litigation and that this Fifth Amended Settlement Agreement does not constitute an admission or evidence that any actions of Monroe County or its employees that Plaintiffs complain of were unlawful, unconstitutional or deprived Plaintiffs or any others of any rights or property. d. Paragraph 5 is hereby amended to read: S. All other terms of the original Settlement Agreement dated July 17, 2002 and the (first) Amended Settlement Agreement, the Second Amended Settlement Agreement and the Third Amended Settlement Agreement (Conch Contrada) shall remain in fu11 force and effect. e• Paragraphs 6 is hereby amended to read: 6. ThSs Fifth Amended Agreement shall not be valid and binding upon the parties until approved by the Court and incorporated into a Fifth Amended Fyn" Judgment entered by the Court in these proceedings. f Paragraph 7. is hereby amended to read: 7. Until this Fifth Amended Settlement Agreement has been approved by the Court 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. 3 AT.,St: CLERK OF"' T B Deputy Clerk BOARD OF COUNTY CoWaISSTONER S OF MONROE COUNTY, •FLORIl? Mayor/Chairperson MONROE COUNTY ATT OVED AS TWA Date 09� • • • 1 OFFICIAL, i A Itnes By: '�Tosa aikatl- Printed Name of Wi n tore of Witn Rl-s� < WE:N5+NC Prir4d Name of Wltness CONCH CONTRADA, L.C. By. .� Libby evor Cl IN THE CIRCUIT COURT OF THE SIXTEENTH JfJDICIAL CIRCM F 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, a political subdivision of the State of Florida; and JOSEPH PASKALIK, in his official capacity as Building Official, Defendant/Respondents 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 as Exhibit Exhibit " % w/o exhibits d. The Third Amended Settlement Agreement as to Conch Contrada, L.C. dated May 16, 2006 attached as Exhibit "D". e. The Fourth Amended Settlement Agreement as to Keys Federal Credit Union dated February 21, 2007, as Successor in Interest to Richard M. Osborne attached as Exhibit "E". f. The Fifth Amended Settlement Agreement as to Conch Contrada, L.C. dated February 21, 2007, attached hereto as Exhibit "F". 1. The parties hereby agree to amend the Fourth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M. Osborne as follows: a. Paragraph 1 is hereby amended to read: 1. The Keys Federal Credit Union, as successor in interest to Osborne, has received through the Fourth Amended Settlement Agreement Major Conditional Use Approval to construct a 25,120 square foot credit union, banking or financial institution office facility requiring 74 parking spaces plus 4 handicap parking spaces during ROGO Year 17 (ending July 13, 2009). b. Paragraph 3 is hereby amended to read: 3. In accordance with the development orders referred to in paragraph 1 of the Original Settlement Agreement, Monroe County agrees to process Promptly upon submittal the application for building permit by Osborne or his assigns for construction of mini -storage warehouse per the Original Settlement Agreement during ROGO Year 12 or the alternative 25,120 sq. ft. credit union, banking or financial institution office facility in ROGO Year 17 (July 14, 2008 through July 13, 2009). C. paragraph 7 is hereby amended to read: 7 All other terms of the original Settlement Agreement dated July 17, 2002, and subsequent Amended Settlement Agreement, and Second Amended Settlement Agreement, Third Amended Settlement Agreement as to Conch Contrada, LC., Fourth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M. Osborne, and Fifth Amended Settlement Agreement as to Conch Contrada, L.C., shall remain in full force and effect. d. Paragraph 8 is hereby amended to read: 8. This Sixth Amended Settlement Agreement shall not be valid and binding upon the parties until approved by the Court and incorporated into an Amended Final Judgment entered by the Court in these proceedings. e. Paragraph 9 is hereby amended to read: By Deputy Clerk G 9. Until this Sixth Amended Settlement Agreement has been approved by the Court pursuant to Paragraph 8 above, the preceding paragraph, the Original Settlement Agreement and Judgment previously entered and 1•nmodified, and any subsequent approved amendments or modification tall remain in full force and effect. BOARD OF COUNTY COMMISSIO OF MONROE COUNTY By. 2.> _ �----- Mario Di Gennaro, Mayor ignature S.VS2-VAJSP-J f�itness _Sc.ory-r Printed Name of Witness Signatur of Witness z2j'I/twg wot*s Printed lame of Witness MONROE COUNTS' BUILDING OFFICIAL By:��,. eph Paskalik I KEYS FEDERAL CREDIT UNION as Successor in Interest to RICHARD M. OSBORNE By: President/CEO MYAPO C U ' YWTEY T OBERT B. SHILLIRVII, JR. CHIEF ASSISTA�T CTY ATTORNEY Dats: -..� � i IN THE CIRCUIT COURT OF THE SIXTEIVNTH 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, a political subdivision of the State of Florida and JOSEPH PASKALIK, in his official capacity as Building Official, Defendant/Respondents SEVENTH AMENDED SETTL T GREEMENT AS TO. CONCH CONTgAWA. L.C., a FLORIDA LIMITED LIABILITY COMPANY Plaintiff, CONCH CONTRADA, L.C., A Florida Limited Liability Company ("Conch Contrada"), and Defendants, MONROE COUNTY, a political subdivision of the State of Florida ("Monroe County"), and JOSEPH PASKALIK, in his official capacity as Building Official ("Paskalik"), (collectively, the "Parties"), previously resolved their differences which gave rise to the above -styled action, wherein the parties agreed to settle the matter between them upon the terms and conditions recited in: a. The Settlement Agreement dated July 17, 2002, hereinafter `original Settlement Agreement," attached hereto as Exhibit "A". b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as Exhibit "B". Exhibit "H", w/o exhibits P. The Second Amended Settlement Agreement (Osborne) dated May 16, 2006 attached as Exhibit "C". d. The Third Amended Settlement Agreement as to Conch Contrada, L.C. dated May 16, 2006 attached as Exhibit "D". e. The Fourth Amended Settlement Agreement as to Keys Federal Credit Union dated February 21, 2007, as Successor in interest to Richard M. Osborne attached as Exhibit "E". f. The Fifth Amended Settlement Agreement as to Conch Contrada, L.C. dated February 21, 2007 attached hereto as Exhibit "F". g. The Sixth Amended Settlement Agreement as to Keys Federal Credit Union dated August 11, 2008, as Successor in Interest to Richard M. Osborne attached as Exhibit 1. The parties agree to amend the Fifth Amended Settlement Agreement as to Conch Contrada, L.C. as follows: a. Paragraph La. (Paragraph 5 of the original Settlement Agreement) is hereby amended to read: 1.a. Conch Contrada agrees to submit an application for Amended Conditional Use Order that reflects the intended change in use, should Conch Contrada decide to develop the subject property with an alternative use(s). Upon approval of the Amended Conditional Use Order by the Planning Director, and in accordance with the development orders referred to in Paragraph 2 of the Original Settlement Agreement, Monroe County agrees to process promptly upon submittal the application for building permit by Conch Contrada or its assigns for construction of one 7,500 square foot restaurant, or as an alternative, a 7,500 square foot medium -intensity, mixed use, retail and/or office/professional use facility by December 1, 2009. b. Paragraph 3 is hereby amended to read: 3. Plaintiff Conch Contrada, in cooperation with Monroe County, will prepare and submit to the Court pleadings or notice required to address the Seventh Amended Settlement Agreement. Conch Contrada shall pay any costs incurred as a result of filing the Seventh Amended Settlement Agreement and any associated pleadings or notices with the exception that each party shall bear its own attorney's fees. C. Paragraph 5 is hereby amended to read: 5. All other terms of the original Settlement Agreement dated July 17, 2002 and the (first) Amended Settlement Agreement, the Second Amended Settlement Agreement, the Third Amended Settlement Agreement (Conch Contrada), and the Fifth Amended Settlement Agreement shall remain in full force and effect d. Paragraph 6 is hereby amended to read: 6. This Seventh Amended Agreement shall not be valid and binding upon the parties until approved by the COLU t and incorporated into a Seventh Amended Final Judgment entered by the Court in these proceedings. e. Paragraph 7 is hereby amended to read: Witness �/ M avt J< (,- f e-r- Printed Name By: !00� O�—'�(i� /I Douglas Trevor, Manager 7. Until this Seventh Amended Settlement Agreement has been approved by the Court pursuant to the preceding paragraph, the original Settlement Agreement and Judgment previously entered, and any subsequent approved amendments or modifications shall remain in full force and effect. witnelss Prtn d Name W't ess Printed e 0S IL r vV . Name BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: °-�-� Mayor/ arson MONROE COUNTY BUILDING OFFICIAL HY. r JOS PH PASKAL]K MONROE COUNTY ATTORNEY APPROV D AS TO FORM: SUSAN M. IMSLay ASSI TANT COUNTY ATTORNEY Date 7.74je ':UNCH CONTRADA, L.C. A Florida limited liability Company 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-0I-108 V. MONROE COUNTY, apolitical subdivision of the State of Florida; and JOSEPH PASKALIK, in his official capacity as Building Official, Defendant/Respondents EIGHTH AMENDED SETTLEMENT AGREEMENT AS TO KEYS FEDERAL CREDIT UNION AS SUCCESSOR IN INTEREST TO RICHARD M. OSBORNE Plaintiff KEYS FEDERAL CREDIT UNION ("Credit Union"), as successor in interest to Richard M. Osborne, Trustee, and, and Defendants, MONROE COUNTY, a political subdivision of the State of Florida ("Monroe County'), and JOSEPH PASKALIK, in his official capacity as Building Official ("Paskalik"), (collectively, the "Parties"), having previously amended a settlement agreement in the above -styled action, and agreed to Credit succeeding Osborne according to the rights and duties contained in: a. The Settlement Agreement dated July 17, 2002, hereafter "Original Settlement Agreement," attached hereto as Exhibit "A". b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as Exhibit "B". c. The Second Amended Settlement Agreement dated May 16, 2006, attached hereto as Exhibit "C". Exhibit "I", w/o exhibits 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". 1. The parties hereby agree to amend the Sixth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in interest to Richard M. Osborne as follows: a. Paragraph 1 is hereby amended to read: l . The Keys Federal Credit Union, as successor in interest to Osborne, has received through the Sixth Amended Settlement Agreement Major Conditional Use Approval to construct a 25,120 square foot credit union, banking or financial institution office facility requiring 74 parking spaces plus 4 handicap parking spaces during ROGO Year 18 (ending July 13, 2010). b. Paragraph 3 is hereby amended to read: 3. In accordance with the development orders referred to in paragraph 1 of the Original Settlement Agreement, Monroe County agrees to process promptly upon submittal the application for building permit by Osborne or his assigns for construction of mini -storage warehouse per the Original Settlement Agreement during ROGO Year 13 or the alternative 25,120 sq. ft. credit union, banking or financial institution office facility in ROGO Year 18 (July 14, 2009 through July 13, 2010). c. Paragraph 7 is hereby amended to read: 7. All other terms of the original Settlement Agreement dated July 17, 2002, and subsequent Amended Settlement Agreement, and Second Amended Settlement Agreement, Third Amended Settlement Agreement as to Conch Contrada, LC., Fourth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M. Osborne, Fifth Amended Settlement Agreement as to Conch Contrada, L.C., Sixth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M. Osborne, and Seventh Amended Settlement Agreement as to Conch Contrada, L.C. shall remain in full force and effect. d. Paragraph 8 is hereby amended to read: 8. This Eighth Amended Settlement Agreement shall not be valid and binding upon the parties until approved by the Court and incorporated into an Amended Final Judgment entered by the Court in these proceedings. e. Paragraph 9 is hereby amended to read: 9. Until this Eighth Amended Settlement Agreement has been approved by the Court pursuant to Paragraph 8 above, the preceding paragraph, the Original Settlement Agreement and Judgment previously ti ' gidd and unmodified, and any subsequent approved amendments or osii' cation shall remain in full force and effect. ,, e . ATTEST: ' DANNY L. KOLHt Gi BOARD OF gOUNTY COMMISSIONERS CLERK: OF 1VONFM COUNTY By: Deputy Cler. ,Signature of Wi ess �gtg Signature of Witness Signature of Wi ess CiV* &Myff Printegi Name of Witness A Printed Name of Witness George Neugent, Mayor MONROE COUNTY BUILDING OFFICIAL KEYS FEDERAL CREDIT UNION as Successor in Interest to RICHARD M. OSBORNE By:,2Z�' L/l/o� /r obert Watson, PresidentICEO ,IVIIU AI `I' -I L UUUNTY ATTORNEY APV+F116V9QA% 4RM` "9' ROBERT 6!9HIUINGER, JR. CHIEF A4"T&WT� INTY ATTORNEY Date: _. ` ZZ �Z �_ IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA RICHARD M.SBORNE, as Trustee; Doep 1812227 and CONCH CONTRADA, L.C., a 8140 2488 P90 2M 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 ­M capacity as Building Official, Defendant/Respondents n / w NINTH AMENDED SETTLEMENT AGREEMENT AS TO ` " c-) KEYS FEDERAL CREDIT UNION AS SUC ESSOR IN INTEREST' o TO RICHARD M. OSBORNE Plaintiff KEYS FEDERAL CREDIT UNION ("Credit Union"), as successor in interest to Richard M. Osborne, Trustee, and, and Defendants, MONROE COUNTY, a political subdivision of the State of Florida ("Monroe County"), and JOSEPH PASKALIK, in his official capacity as Building Official ("Paskalik"), (collectively, the "Parties"), having previously amended a settlement agreement in the above -styled action, and agreed to Credit succeeding Osborne according to the rights and duties contained in: a. The Settlement Agreement dated July 17, 2002, hereafter "Original Settlement Agreement," attached hereto as Exhibit "A". b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as Exhibit "B". c. The Second Amended Settlement Agreement dated May 16, 2006, attached hereto as Exhibit "C". EXULESIT d. The Third Amended Settlement Agreement as to Conch Contrada, L.C. dated May 16, Deco 1812227 2006, attached hereto as Exhibit "D". Bka 2409 Poo 2888 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". 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: The Keys Federal Credit Union, as successor in interest 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 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: C. d. 3. In accordance with the development orders referred to in paragraph 09 s� 1 of the Original Settlement Agreement, Monroe County agrees to process A �m Y promptly upon submittal the application for building permit by Osborne or o N a 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, 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 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., and Eighth Amended Settlement Agreement as to Keys Federal Credit Union, as Successor in Interest to Richard M. Osborne, shall remain in full force and effect. Paragraph 8 is hereby amended to read: S. This Ninth 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 Ninth Amended Settlement Agreement has been approved by the Court pursuant to Paragraph 8 above, the preceding nazagmph, the Original Settlement Agreement and Judgment previously itered and unmodified, and any subsequent approved amendments or odification shall remain in fiill force and effect. By. Deputy Clerk Signature of Witness Signature of Witness tgnature of Thiess Sc arr B VS $y+v SAc I of Witness Printed Name of BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY Sylvia M y, Mayor GacN 1812227 Oka 24911 P10 2058 MONROE COUNTY BUILDING OFFICIAL KEYS FEDERAL CREDIT UNION as Successor in Interest to RICHARD M. OSBOOR/RRN/Ef ���u10 µ SiwwT4tSr President/CEO MONRO OU TTORN Y P O A3 FOR . ROBggg B. SSHILOyLINGER, JR. .FI.EF / TpJ- cNTY ATTORNEY 110NROE cowffy OFFICIAL RECORDS 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-01-108 V. MONROE COUNTY, a political subdivision of the State of Florida; and JOSEPH PASKALIK, in his official capacity as Building Official, Deflmdazit/Respondents TENTH 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. Osbome, 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 ("Paskal&"), (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 W. 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 Cone 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 Conhw* 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". 1. The parties hereby agree to amend the Ninth Amended Settlement Agreement as to Keys Federal Credit Union as Successor in Interest to Richard M. Osborne as follows: a. Paragraph 1 is hereby amended to read: 1. The Keys Federal Credit Union, as successor in interest to Osborne, has received through the Ninth Amended Settlement Agreement Major Conditional Use Approval to oonshW a 25,120 square foot credit union, banking or finaacial institution office facility requiring 74 parldng spaces plus 4 handicap parldng 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 13 or the alternative 25,120 sq. ft. credit union, banking or financial institution office facr7ity in ROGO Year 20 (July 14, 2011 through July 13, 2012). a. 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 Conhada, L.C., Eighth Amended Settlement Agreement as to Keys Federal Credit Union, as Successor in Interest to Richard M. Osborne, and Ninth 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 Tenth 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. o Paragraph 9 is hereby amended to read: 9. Until this Tenth 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. I Ls l ATTEST: DANNY L..K01,HAGE BOARD OF COUNTY COMMISSIONERS CLERK: OF MONROI COUNTY 10A Mz�,— I it A to IN' 11 Mayor MONROE COUNTY BUILDING OFFICIAL KEYS FEDERAL CREDIT UNION as Succesaor in Interest to RICHARD AC OSBORNE Signature of wi ess Z�- v President/CEO Printed Name of Witness SIP, of Witness Printed N of Witness MONROh 000 ATTORNEY Oats: