Item N5
HOARO or ern 'NTY COMMISSiONERS
AGt:NlM ITEM SrMMARY
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CQNlRA('TIAGREEMENl' CHAN(;!'S:
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SOVRCE OF fl(3NHS:
Hf,VEMiE PRO!)VCING: Ye~.X;)i;. Sv...... AMO{:1\IT ('€.R MONT II Yell~
Al'I'HOVED BY: Countv AUy ..:-:~ OMn/f'llr.:hashg __..w Ri~k \111n~g<~m(~m
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Oli'WOS1TI0N:
AGfU',l)A ITEM it.
'P';;;'/~fu-:~d 2/05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
REVISED BACK-UP 5/15
Meeting Date: Mav 16. 2006- KL
Division: County Attorney
Bulk Item: Yes
No --.lL
Staff Contact Person: Bob Shillinl!er
AGENDA ITEM WORDING: Presentation of settlement agreement in Walgreens & Gadinsky v.
Monroe County and Florida Keys Citizen's Coalition (Intervenors), CA K 05-266.
ITEM BACKGROUND:
The proposed settlement agreement would settle an appeal to the Circuit Court from a denial of a major
conditional use application by Walgreens to replace the Big Pine Scott's building (@ 26,000 sqare feet)
with a new, smaller building (@ 16,510 square feet) for a Walgreen's store. As part of the settlement
proposal, Walgreen's has agreed to several concessions which are set forth in the attached settlement
agreement. If the County were to prevail in court, Walgreen's would still have the right to renovate the
existing Scotty's building to operate a drug store. The details of the settlement agreement were
presented and discussed with the Board on 4/19/06 at which time the Board directed staff to revise the
settlement agreement after meeting with the parties to the litigation. Although no meeting had been
held by the agenda deadline, it is anticipated that such a meeting will be held by 5/16/06.
PREVIOUS RELEVANT BOCC ACTION: On September 28,2005, the Board directed legal staff
to explore a mediated settlement. The Board gave conceptual approval to the settlement terms in
January 2006. On 4/19/06 Board tabled this item until 5/16/06.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS: To be provided at the 5/16/06 meeting.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH Year
APPROVED BY: County Atty /" OMBlPurchasing _ Risk Management
DIVISION DIRECTOR APPROVAL: <:.. A4ff~ ~6
~HUTTON,COUNTY T RNEY
DOCUMENTATION:
Included
Not Required~ N
AGENDA ITEM #1 s-
DlsPosmON:
Revised 2/05
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR MONROE COUNTY, FLORIDA
WALGREEN'S COMPANY and
GADINSKY REAL ESTATE, LLC,
CASE NO. 44-2005-CA-266-K
JUDGE RICHARD G. PAYNE
Petitioners,
vs.
MONROE COUNTY,
Respondent,
and
FLORIDA KEYS CmZENS COALITION,
Intervenor.
/
SETILEMENT AGREEMENT
THIS AGREEMENT has been entered into between Petitioners, Walgreen's Company and
Gadinsky Real Estate, LLC, and Respondent, County of Monroe, a governmental entity.
WHEREAS, the parties desire to amicably resolve all issues between them relating to this
litigation, and
WHEREAS, the parties further agree that it is in their best interest to terminate the litigation
so as to avoid further expense and delay by entering into this Agreement.
NOW THEREFORE, in consideration of the mutual promises and undertakings contained
herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. The Monroe County Growth Management Department shall issue to Walgreen's
Company a Conditional Use Development Order approving the Major Conditional Use
Application filed by Scotty's, Inc., to demolish an existing Scotty's hardware store on
Big Pine Key and construct in its place a 16,510 square foot Walgreen's pharmacy with
drive-through pharmacy window, with the following conditions:
A. Prior to the issuance of the Certificate of Occupancy, signs shall be posted on
the access driveways from Key Deer Boulevard and US Highway 1 that limit
the access of delivery vehicles only through the Key Deer Boulevard driveway.
B. Prior to issuance of a building permit, the transplantation plan must be revised
to delete the removal of two threatened Paurotis Palms.
C. Prior to issuance of a building permit, the surface water management plan shall
be approved by the South Florida Water Management District.
D. Prior to issuance of a building permit, the Florida Department of Health or
Florida Department of Environmental Protection, as appropriate, shall approve
the Wastewater Treatment System.
E. Prior to issuance of a building permit, a Fire Protection Plan sball be approved
by the Monroe County Fire Marshal.
F. The Keys Energy Services (KEYS) shall determine load requirement based on
the review of a complete set of plans and approval shall be received prior to the
issuance of a building permit.
G. The architectural standards adopted for Big Pine Key shall be incorporated into
the building design in collaboration with and subject to the approval of the
Monroe County Director of Planning.
H. The onsite traffic patterns, including the addition of a perimeter road and
integrated bike path, shall be reconfigured as depicted on the site plan attached
hereto and made a part hereof. To the extent Monroe County deems it
appropriate to do so, all or part of the perimeter road and/ or integrated bike
path may be eliminated in order to accommodate placement of the waste water
treatment facility referred to in snbparagraph M below.
I. The property owner shall be prohibited from applying for an alcoholic
beverage permit for a period of two (2) years commencing from the date of
issuance of the Conditional Use Development Order.
J. The freestanding sign shall be reduced in size so as to be no larger than the
CVS pharmacy freestanding sign.
K. Only native vegetation, as approved by the County Biologist, shall be utilized
in the landscape buffers.
L. Only cutoff lighting shall be utilized and located so as to prevent spillover on
2
to neighboring residential uses.
M. If desired by Monroe County, the area to the rear of the pharmacy between the
designated employee parking and N ortberly property line may be utilized by
Monroe County or its designee to construct a sewage treatment facility, the
construction, operation and maintenance of which shall be at no cost to
Walgreen's. In the event Monroe County does not elect to construct a sewage
treatment facility on this site, Walgreen's shall plant a buffer, 30-foot deep, of
native vegetation between the Northerly boundary and the designated
employee parking.
2. Upon issuance of the Conditional Use approval, Walgreen's Company shall be
permitted to apply for all necessary building permits for construction of the Walgreen's
pharmacy, consistent with the terms of the Conditional Use approval. Monroe County
Growth Management Departtnent shall process the application[s] in the normal course
and issue the requisite building permits upon a determination that the application[s] are
consistent with the Conditional Use approval.
3. Upon issuance of the Conditional Use approval, Walgreen's Company shall file with the
Court a Notice of Voluntary Dismissal of this action with prejudice.
4. The parties shall exchange mutual General Releases in the form customarily utilized by
attorneys in connection with litigation in this County.
5. Each party shall bear its own attorneys fees and costs in connection with this litigation.
In the event it becomes necessary for either party to commence legal proceedings to
enforce the terms of this Agreement, the prevailing party shall be entided to reasonable
attorneys fees and costs in connection with such action.
By entering into this Agreement, the parties are not acknowledging the merits or lack of merits
of these proceedings. Rather, the parties are entering into this Agreement for the purpose of avoiding
further expense and delay inherent in litigation of this nature.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the _ day
of May 2006.
WALGREEN'S COMPANY
COUNTI OF MONROE, a political
subdivision of the State of Florida
3
By:
By:
Keith Miller, Agent
GADINSKY REAL ESTATE, LLC,
a Florida limited liability company
Seth Gadinsky, Managing Member
By:
Charles "Sonny" McCoy, Mayor
4