Item O05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/28/09
Division:
County Attorney
Bulk Item: Yes.lQL No
Staff Contact: Susan Grimsley x3470
AGENDA ITEM WORDING:
Approval of Seventh Amended Settlement Agreement in Richard M Osborne & Conch Contrada LC v.
Monroe County & Joe Paskalik, CA K 01-108.
ITEM BACKGROUND:
Under the proposed Seventh Amended Settlement Agreements, Conch Contrada LC is seeking a 16
month extension of the proposed development already agreed to in prior settlement agreements. The
projects would be deferred until December 1, 2009. This proposed amendment does not affect the
revised settlement agreement entered into with Richard M. Osborne.
PREVIOUS RELEVANT BOCC ACTION:
In July 2002, BOCC approved settlement agreement with both Osborne and Conch Contrada settling an
inverse condemnation or takings case by authorizing specified development on two properties fronting
U. S. 1 on Stock Island.
Under the original settlement agreement, Conch Contrada was authorized to build a 7,500 sq. ft.
restaurant or a medium intensity, mixed use, retail and/or office/professional facility by applying or a
building permit by July 13,2004.
The deadline for this development was previously extended by amended agreements approved on
3/19/03,5/16/06 and 2/21/07.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDA nONS: Approval
TOTAL COST:-.nLL
BUDGETED: n/a
COST TO COUNTY:
n/a
SOURCE OF FUNDS: n/a
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH n/a
Year n/a
APPROVED BY: County AttySwt&' OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included xx
Not Required_
DISPOSITION:
AGENDA ITEM #
Suzanne A. Hutton, County Attorney**
Robert B. Shillinger, Chief Assistant County Attorney **
Pedro J. Mercado, Assistant County Attorney
Susan M. Grimsley, Assistant County Attorney **
Natileene W. Cassel, Assistant County Attorney
Cynthia L. Hall, Assistant County Attorney
Christine Limbert-Barrows, Assistant County Attorney
Derek V. Howard, Assistant County Attorney
(-.-----.
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern Sylvia J. Murphy, District 5
Klrn Wigington, District 1
Heather Carruthers, District 3
Mario Di Gennaro, District 4
O~~y ~~~~E
(305) 294-4641
Office of the County Attorney
1111 12lh Street, Suite 408
Key West, FL 33040
(305) 292-3470 - Phone
(305) 292-3516 - Fax
** Board Certified in City, County & Local Govt. Law
MEMORANDUM
To:
Board of County Commissioners
Through:
Suzanne A. Hutton, County Attorney
Susan M. Grimsley, Assistant County Attorney ~
Seventh Amended Settlement Agreement for Conch Contrada, LC
From:
Re:
Date:
January 9,2009
Meeting:
January 28,2009
Plaintiff Conch Contrada is requesting an extension of a settlement agreement concerning a
vested rights determination from July, 2002. The Settlement Agreement has been extended and
amended every year by both parties, except for last year, when Conch Contrada, LC changed
owners and overlooked it. The Fifth Amended Settlement Agreement dated January 30,2007 and
approved by the Monroe County Circuit Court on April 18, 2008, allowed the Plaintiff Conch
Contrada to apply for a conditional use through ROGO year 16, by July 13, 2008.
Conch Contrada, LC, by its agent the Craig Company, is applying for a conditional use through
the Monroe County Planning Department for the development contemplated by the Settlement
Agreement. The Planning Department and the agent realized that the Agreement had expired,
thus necessitating the amendment and extension until December 2009, to allow for any delay of
further required documentation.
I see no reason why this should not be extended. The proposed project will add to the tax base of
the County.
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-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
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SEVENTH AMENDED SETTLEMENT AGREEMENT AS TO CONCH CONTRADA.
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 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:
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".
~. 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 K.eys 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
"G" ~
1. The parties agree to amend the Fifth Amended Settlement Agreement as to Conch
Contrada, L.C. as follows:
a. Paragraph I.a. (Paragraph 5 of the original Settlement Agreement) is hereby
amended to read:
l.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 Plmming 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 Agree~ent 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 Court and incorporated into a Seventh Amended Final Judgment
entered by the Court in these proceedings.
e. Paragraph 7 is hereby amended to read:
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.
ATTEST
DANNY L. KOLHAGE
CLERK OF THE COURT
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
BY:
Deputy Clerk
Mayor/Chairperson
MONROE COUNTY BUILDING OFFICIAL
Witness
BY:
JOSEPH P ASKALIK
Printed Name
~M-
~ess \ (h'~
8Jll CA v\j .
Printed Name
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
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SUSAN M. IMSLEY '::J
ASSI~TANT COUNTY ATTORNEY
Date (j1f".at Ud'~ 9, ~q
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Witness
Printed Name
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Witness V l
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Printed Name
By: j!J~ ~~/)
Douglas Trevor, Manager
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EXHIBIT IUAt'
IN THE CIRCUIT COURT OF TIlE SIXTEENTH JUDiCIAL
CIRCUIT If'! ANn FOR MONROE COUNTY, FLORIDA
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RICHARll M. OSBORNE, as TfQStee~
and CONCH CONTRADAp L.e., a
Florida Limited Liability Company,
PlsintiftSl Petitioners~
Case No. CAK-01-l08
v.
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MONROS COUNTY.. a. political
subdivision of the State ofPJorida;
and JOSBPH PASKAlJI{, in his official
capacity as Building OfficiaJ.
Defendant! Respondenb.
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SETtLEMENT AGREEMENI'
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l)'aintilTs RICHARD M. OSBORNE, a., T~ ("Osbome1'). and CONCH
CONTRAnA, I..C.~ a Plorida Limited Liability Company ("Conch Contradat'l). and
Defendants; MONROE COUNTY, tt pOlitical subdivision of the State of Florida
('fMonroe County~. and JOSEPlI P ASKALlK. in. his offieia' capacity as Building
Official ("Paskalikj. having amicably resolved their differences which gave rise to this
actiOll~ hereby sg.l'CC 10 seule dtis matter between them upon the following terms and
conditions:
1. As to Osborne,. Monroe County ~: a) that a Major Conditional Use to
oonstroct a 35.200 sq. ft. mini-storage warehouse has been approved, with conditionst by ,
- -----,---,-~",------ --~-~--"^---"..^-", -I
'" .,..-------'Monroo County-Planning Conlll1iSSiou'oo January 27, 1997:u;IttR~solutio~N~: P3-97.; I.
rocord.ed at O. R. Book 1446. pages 2205 - 2207; b) 1ha1 a variance with regard to. off- :
street parking. reducing the number of sequired parking spaces from 3.0 10 2.5 pcr 1,000
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thAt bo1h development alders are presently vuIid and ill 'full faNe and effi:d.
2. As to Conch Contrada, 'L.C" Monroe County agrees: a) that a Minor
Conditional Use Development Order No. $-99 to constn1ct one 1,500 square tOot
rcSUlunmt, to relocate an existing sewage treatment. facility, and to locate a shared
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driveway, ww; approved, with conditions, by the Planning Director ofMonroc County on
AuguS1 4, 2000. recorded in OR nook 1654, pages 1591-1595; and. b) that this
dovelopment order is presently valid and il'l fuU foxce and effect.
3. Notwith.sta~ng anything in any of tho ~vel()pment o~ referred to in
paraG1'8Phs 1 or 2. above (and, sl*ltlcally Conditi9n No. 1 tn Conditional Use
Development Order No. 5.99), or any othct provision; of the Comprehensive PIon or
Ordinances of Monroe County, no building pemdt sbalJ be denied to eiUlet Osborne or
Coneh Contrada, L.C.. on the basjs of Monroe County's regulations relating to non-
l'esidential raW of goowth or the adopction (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 C()mprehensive Plan Policies 101.3.1 through lO1.3.S~ and Monroe
County Ordinance No. 032-2001.
4. In accordance with the development orders referred to in patagtaph t.
above., MODr04!: County agrees to process promptly upon submittal Osborne's application
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for building permit forconstruction of a 35:200 sq. ft:. mini-storage warehouse in ROOO
Year 12 (July 14.2003, .through July 13,2004).
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S. In accordance with the dEMIlopment order referred to in paragraph 2~
ahove. Monrne Count.y aiJrees to process promptly upon. submittal Conch CQl'Ih'Bda's
application for building permit for conatruction of one 7,500 square foot restaurant~ to
relocate an existing sewage treatment facility. and 10 locate a shared driveway, in ROOD
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Year 11 (July 14, 2002. th~ugh July 13.20(3).
6. . Except as cxpl'CliSly provided herein, Osborne and Conch Cuntrada, L.C..
Monroe County and Paskalil; waive any claim that oaah WO!1.td 01" was capable of
asserting in this cause and each shnU bear its own attorney's fees and costs of this
proceeding. In pmticular. and without limitation. Osborno and Con~h Cantrada. t.e., on
behalf of themselves. thefr members, beneficiaries and any others claiming by or through
tbel~ waive all alaimH f'Oi damages end ~pensatio~, 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 oflhis Settlement Agreement.
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7. The PlsintiftS Osbome and Conch Contrada. L.C. will prepare and submit
to the Court a "'Notice of Voluntary Dimnissal With Prejudicc" of their pIOsent claims
agaiMt the Defendants.
8. All pardes acknowledge that this agreement is entered into for the pwpose
, of setUlog pending Utigation and docs not constitute an admission or evidence lb. my
aclioDS of Monroe CountY or i.s employees that Plaintiffs complain of were unlawfUl,
unconstitutional or deprived Plaintiffs or any oth.crs of any rights 0
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(Print Name of Witness)
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For Mouroe County'
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(Print Name of Witness)
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Dated . '.l ·
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By --
Mcu:k s. Uhler, Esq.
8pe(':1 al CburIsel: to Monroe Q)unty
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IN THE CIRCUIT COURT OF mE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY~ FLORIDA
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RICHARD M. 'OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
PlaintifflPetitioners,
Case No. CA-K-ol-108
v.
MONROE COUNTY, a political
subdivision oithe State of Florida;
and JOSEPH PAS~ in his official
capacity as Building Official.
DefendantlRespondents
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~ SElTLBMENT AOQ'fUZMRNT
Plaintiffs RICHARD M. OSBORNE, as Trustee ("Osbomell), and CONCH
CONTRADA~ L.C., a FJorida Limited Liability Company rConch Contrada"). and Defendants.
MONROB COUNTY. a political subdivision of the State of Florida (''Monroe Countyt'). and
JOSEPH PASKALIK, in his official capacity as Building Official (npaskalik'.)~ previously
resolved. their differences which gave rise to the above--styled action, wheldn the parties agreed
to settle the matter betweeu them upon the \elmS 8Dd conditions recited in the Settlement'
Agreement dated July 17. 2002, hminafter "Original Settlement Agreement:, U attached hereto as
Exhibit tiNt.
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1. The major con4itional use granted to Osborne to construct a 35,200 square foot
mini-storagc warehouse with 84 parking spaces plus 4 handicap SpaGeS during
ROGO Year 12. through the Original Settlement Agreements. shall be amended to
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allow an alternate use con siating of construction of25.120 square foot credit
unJo~ banking or financial institution office facifity requiring 74 parking spacesJ
plus 4 handicap parking spaces during ROGO Yeu 14.
EXHIBIT
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2. Notwithstanding anything in any of tile development orders refetred to in the
Original Settlement Agreement, or any other pr9visioD of the Comprehensive
Plan or Ordinances of Monroe County~ no building permit shall be denied to
Osbome on the basis ofMomoe County's regulations relating to non-residential
rate of growth or the adoption (or lack of adoption) of it nonresidential permit
allocation system or its equivalent. including, but not limited to, the regnlations
set forth in Monroe County Comprehensive Plan P~1icies LOI.3.1 through
101.3.5, and Monroe County Ordinance No. 032-2001.
3. In accordance with the development orders referred to iJ) paragraph 1 of the
original Settlement Agreement Monroe County agrees to process promptly upon
submittal the application for building pennit by Osbome or his 85signs for
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construction ofmini-stomge warehouse per ~e Original Settlement Agreement
during ROOO Year 12 or the alternative 25,120 sq. ft. credit ~on, banking or
:financial institution office fi1cility in ROGO Year 14 (July 14, 2005, through July
13,2006).
4. Except as expressly provided here~ Osborne and Monroe County and Paskalik,
waive IlIlY claim that each osserted 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 limitatio~ Osborne, on behalf of itself, their heirs, successors.
beneficiaries and any others claiming by or through them, waive all claims for
_e~_. ~.~-,---,-,,---~._------,_.-damages-and:-compensation'for'denial-ofduC])rocess-and'inverse-eondel'bllatiolf--"~--- ~- ." .-----'"
(also referred to as regulatory or temporary taking) arising from the County's
actions and regulations prior to the date ofUrls Amended Settlement Agreement.
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5. PlaintiffOsbome, in cooperation with Monroe County, will prepare and submit to
the Court pleadings or notice required to ~ the Amended Settlement
Agreement.
6. All parties acknowledge that the Original Settlement A'greement was entered into
for the purpose of settling pending litigation and that this Amended Settlement
Agreement does not constitute an admission or evi4ence that any aetions of .
Monroe County or ita employees that Plaintiffs Complain ofwere unlawful,
unconstitutlo~ 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.
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8. A County Code Enforcement lien currently encumbers the "property. This Ren
will be addressed in a separate agreement between Osborne and the County.
9. This Amended Agreement sbaJl not be valid and bindins upon the parties
until qpproved 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 pamgraph 9 abov~ the Original Settlement Agreement and Judgment
_m.. .,u_-'"--"-'-'._--'--'Jreviously~enteml"iifd-iffimoaified-SJiBll rem,.;" inlUJrCoJ:Cc and errea~-'--'-"---"---- '-~"--" ,
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AT'I'EST: , -' ,'. ';: \. ~
DANNY L. KOLHAGE '.. J:;' ",' ".-~' ;
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By: (1. .
DepUty Clerk
Dated 03...19..16~
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Signature of Wi ~W 'S!Jl~A
Printed Name of Witness r.
BOARD OF COUNTY COMlSSIONERS
OF MONROE COUNTY
By: 1~ b, ~J.J
Dixie Sp J Mayor
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M~OECO~~IAL
BY'~
Josep Pasludlk
RICUARD. M. OSB~ T....-
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IN THE CIRCUIT COURT OF THE SlX1'EENTHJUDICIAL
CIRCUIT IN AND PORMONROB COUNTY~ :FLORIDA
RJ:CHARfiM. OSBQ~a8Tmstee;
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Case N(), CA-K;.ol-lOS
v.
MONROE COl:JNttY a. ,'}ijiea}
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~0Ii. otthe state ofEorida;
::~Sn;;~~:'bisomow
nerend~esp~ent8
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The parties ssree to amend the (amended) Rettlement agreement as fuUows:
1. Tho Keys. Federal Credit Union, as successor in interest to Osborne. has received
through the Amended Settlement Agreement Major Conditional Use Approval to
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EXHIBIT
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construct a 25,120 square fuot credit union, banking or financial institution office
fiwillty requiring 74 parldng spaces plus 4 handicap parking spaces during ROGO
Year IS.
2, NotwitbsIanding anything: in any of the development orders referred to in the
Original or Amend~ Settlement Agreement, or any other provision of the
Comprehensive Plan or Ordinances of Monroe County, DO building pennit shalt be '
denied to Osborne on the basis of Monroe County's regulations relating to non-
residential rate ~fgrowth or the adopdoD (or lack ofadoptioo) ofa nonresidf.fttial
permit allocation system or its equivalent, including. but not limited to, the
regulations set forth in Monroe County Cmnprehensive PIaD Policies 101.3,)
through 101.3.5, and Monroe County Ordinance No. 032-2001.
3. In acoonIancte with the development orders n&-red to in paragraph I 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 ofOOm-storage warehouse per tho Original Settlement Agreement
duringROGO Year 12 orthoaltemative 25.120 sq. ft. emltt uni~ banking or
finantial institution office facility in ROGO Year 15 (July 14, 2006. through July
13, 2007).
4. Except as expressly provided herein, Osborne and Monroe County and Paskalik,
~__u._u_.~._____,_~u____,~ve ~~~~aim_~ each ~~r ~ ~~of~ inu!!U~ cause anEt___._____~_,_~, __,
each shall bear its own attorney's fees and costs of this proceeding. In particular,
and without limitation. Oibomo, on behalf ofitsel( their heirs. successors.
beneficiaries and. any others c:laiming by or through them, waive all claims. for
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damages and compensation for denial of due process ami inverse condemnation
(also referred to as regulatory or temporary taking}.arisiDg from the County's
actions. and regulations prior to the date oftbis Amended Settlement Agreement.
s. PlaintiffOsbome,. in cooperation with Monroe County. will prepare and submit to
the Court pleadings or notice required to address the Amended Settlement
Agreement.
6. AU parties acknowledge that the Origiual Settlement Agreement was entered into
fur the purpose .of settling pending litigation and 'that this Amended Settlement
Agreement does not oonstitute an admission or evidence that 8IIY actions of
Monroe County or its employees that Plaintiffs Complain of were unhi~fh~ i
, $:Z; 2;
unconstitutional or deprived Plaintift's or any others many rights or ~.~ ~
("). ~ N
AU other terms or1he Original Settlement Agreement dated July 17. 2oa~ SI!!!
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remain in full fon;e and effect. ~:-l~ '9
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This Second AmendtKl Agreement shaD Mt be valid and binding upan th6 parties
7.
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until approved by the Court and incorporated into an Amended Fmal Judgment
entered by tho Court in these proceedings.
9. Until this Second Amended Settlement Agreement bas been approved by the Court
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/frw~.!hJ,es
Printed Name ofW'ttness
MONROE COUNTY Btm.J>ING OFFICIAL
BY.~~ ?~JJ
, Joseph Paskalik
KEYS FEDERAL CREDIT UNION as
Suecessor and Interest to RICHARD OSBORNE
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BY:~
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· 8 LLl GERt JR.
biil8.~"{I!A~ #UfT" ATTORNEY
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IN THE CIltCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT ~ AND FOR MONROE COUNTY, FLORIDA
RICHARD M OSBO~ as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company.
P1aintiff1Petitioners,
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALIK, in his official
c:apacity as Building Ofticia1,
Defendant/R.espondents
Case No. CA-KROI-I08
I
THIRD AMENDED SETl'LBMENT AGRBEMBNT AS TO CONCH CONTRAD.-\ L.C.
PlaintitfCONCH CONTRADA. L.e., a Florida Limite4 Liability Company ("Conch
Contradall), and Defendants, MONROE COUNTY, a poIiticahubdivision of the State ofFlorld&
(ItMonroe County"), and JOSEPH PAS~ in his ofticJa1 capacity as Building'Official
("paskaIiktl). (collectively. the t1Partiestl). previously resolved their diffimmces which gave rise to
the above-styled action, wherein the parties agreed to settle the matter between them upon the
tenns and conditions recited in paragraphs 2,3, and 5 in the Settlement Agreement dated July 17.
2002, hereb1after "Original Settlement Agreement, II attacbed hereto as Exhibit II An. The
Settlement Agreement was previously amended to provide for a chaDge in the eonditional use and
to extend the time period fb.r bwlding permit application and construction of the approved
conditional use.
. ~~.__~_..~,_~__._n~-""""-,"<""""""_'.__._~_~~~_.____"''-'-~~'"'''''-.Y'-+~_______~~'''''''.,~-
fonows:
1. The parties agree to emend the (seeond) Amended Seltlemem Agreement as
a. Paragraph 5 is amended to now read:
EXHIBIT
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Conch Contrada agrees. to submit an application for Amended Conditional
Use order that retlects the intended change in use. should Conch Contrada
deoide to develop the subject property with an altemutive 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 Cowtty agrees to process
promptly upon submittal the application for buDding permit by Concb
Contrada or itI assigns for constrUCtion. of one 7~SOO square foot
restaurant. or as an alternafive, a 7.500 square foot medium.intensity.
mixed use, retail and/or officelprofilssional use fiuliJity in ROOD Year 15
(July 14, 2006 -July 13.2007).
2. The panies fiuther agreed that no provision in;this ~ent shall exempt Plaintiff
Conch Contrada LC from any requirements imposed by statute and/or ordinance to
connect 10 a central sewage system when one becomes navailable" as that term is
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defined by statute and/or ordinance.
3. Plaintiff Conch CODtrada, in cooperation with Monroe C01mty. will prepare and
submit to the Court pleadinss or notice required to address the Amended
Settlement Agreement. Conch Contrada slmIl 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 Bhatt bear its own attorney"s fees.
.............-...-".,....o"-.,..,..,.,....,..~~~~~~___~..~_~~--~~~_.____~~______._..,...._....".,,~~__~'_~~.~_~.,.._-~-~-._..,_._-*-.-+~,+.~...,
4. All parties acknowledge that the original agreement was entered into for the
purpose of settling pending litigation 8Dd that this Second Amended Settlement
A.greement does not constitute an admission or evidence tbat any adiOl1& of
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Monroe County or its employees that Plaintiff's Complain ofwere unlawful.
unconstitutional or deprived plaintiffS or any others of any rights or property.
5. All other tenns of the Settlement Agreement dated July 17, 2002. and the (first)
Amended Settlement agreement which was approved by the Board on or about
May 21, 2003, and the secOnd Amended Settlement Agreement whicb was
approved by the Board on or 8hout January 19, 2005, especially as it pertains to
Conch Contrada, L.C.. 8hall remain in fun three and eft"cct.
6. This Amended Agreement shall not be valid and binding upon the partie3 until
approved by the Court an4 incorporated into a Third Amended Final Judgment
7.
entered by the Court in these proceedings. ....
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Untl1 this Third Amended Settlement Agreement has been approved ~3i.... ~~G"l
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pursuant to the pteceding paragraph, the Original Settlement Agreemc@~ ~
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Judgment previously entered. and any subsequent approved am~~
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modifications shall remain in full force and etrect.
BOARD OF CO
OMMISSIONBRS
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Printed Name of Witness
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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,
Plaintiff/Petitioners,
Case No. CA-K-01-108
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
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FOURTH AMENDED SETTLEMENT AGREEMENT AS TO
KEYS FEDERAL CREDIT UNION. AS SUCCESSOR IN INTEREST
TO RICHARD M. OSBORNE
Plaintiff KEYS FEDERAL CREDIT UNION f'Credit Union II), as successor in interest to
Richard M. Osborne, Trustee, and Defendants, MONROE COUNTY, a political subdivision of
the State of Florida ('Monroe Countyll), and JOSEPH PASKALIK, in his official capacity as
Building Official ("Paskaliklt), (collectively, the ItPartiesU), 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 ItOriginal Settlement
Agreement, II attached hereto as Exhibit "N'.
b. The Amended Settlement Agreement dated March 19,2003, attached hereto as
Exhibit "B II .
c. The Second Amended Settlement Agreement dated May 16, 2006 attached as
Exhibit "C".
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EXHIBIT
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d. The Third Amended Settlement Agreement as to Conch Contrada, L.c. dated May 16,
2006 attached as Exhibit liD". "
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 Unio~ 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 unio~ 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 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 16 (July 14, 2007
through July 13, 2008).
2
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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 and effect.
d. Paragraph 8 is hereby amended to read:
8. This Fourth 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 Fourth 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 modifications shall remain in full force
and effect.
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Signature of Witness
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Printed Name of Witness
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Signature of Witness
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Printed Name of Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO~, FL~~..
By: -;f;;l-d&ZA j) />- ,~
Mayor/Chairperson
:O~Y~
Joseph Pas aUk
KEYS FEDERAL CREDIT UNION as Successor
in Interest to RICHARD M. OSBORNE
By: 10 t/htr
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IN TIIE CIRCUIT COURT OF ,THE SIXTEENTH JUDICIAL ,
Cm.CUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRAD1\, L.C., a
Florida Limited Liability Company,
Plaintiffi'Petitioners,
Case No. CA-K-Ol-108
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
DefendantJRespondents
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FIFTH AI\.1ENDED SETTLEMENT AGREEMENT AS TO CONCH CONTRADA L.C.
Plaintiff CONCH CONTRADA, L.C., a Florida Limited Liability Company CUConch
Contrada"), and Defendants, MONROE COUNTY, a political subdivisio.n of the State of Florida
eMonroe County"), and JOSEPH P AS~IK, in bis official capacity as Building Official
C'Paskalikl1), (collectively, the "Partiesn), previously resolved their differences which gave rise to
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the above-styled action, wherein the parties agreed to settle the matter between them upon the
tenns and conditions recited in:
a. The Settlement Agreement dated July 17, 2002, hereinafter 110riginal Settlement
Agreement," attached hereto as Exhibit "N'.
b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as
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Exhibit liB II .
c. The Second Amended Settlement Agreement (Osborne) dated May 16, 2006
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attached as Exhibit nCIl.
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1. a. Conch Contrada agrees to submit an application for
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d. The Third 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 Third Amended Settlement Agreement as
follows:
a. Paragraph 1.a. (paragraph 5 of original Settlement Agreement) is hereby
amended to read:
Amended Conditional Use Order that reflects the 4ltended 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
~.,~--~--------.---...-..~---~~~----~~--...-..-.-.~-~-~........~~~~--------~~~~-~.....".."....+--'-"._--_._~___'-""_'_.+~_T.r.~__~._,~_._._.......
prepare and submit to the Court pleadings or notice required to address the Fifth
Amended Settlement Agreement. Conch Contrada shall pay any costs incurred as a
result offiling this Fifth Amended Settlement Agreement and any associated
f.
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pleadings or notices with the exception that each party shall bear its own attorney's
fees.
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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
un1awfu~ unconstitutional or deprived Plaintiffs or any others of any rights or
property.
d. 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 and the Third Ame~d Settlement Agreement (Conch
Contrada) shall remain in full force and effect.
e. Paragraph 6 is hereby amended to read:
6. This Fifth Amended Agreement shall not be valid and binding upon
the parties until approved by the Court and incorporated into a Fifth Amended
Final 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
--'------------~--.~~~C~~~~~~~p~~~~~~---~--
Agreement and Judgment previously entered, and any subsequent approved
amendments or modifications shall remain in full force and effect.
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CLERK 0 COURT
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Deputy Clerk
Signature of Witness
l7441~~e A';[~s(J
Printed Name of Witness
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SI ature of Witness
KCLLj S, VJe-NSI f\l~
Prin Name of Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
BY:~4J ;(QfL--
Mayor/Chairperson
MONROE COUNT.Y ATTOBNEY
OVEDAST' M'
MONROE COUNTY BUILDING OFFICIAL
By~~d
.- Joseph Paskabk
CONCH CONTRADA, L.e.
BY:~ t-lINA ~RIJ;-t17--
Libbybrevor
4
IN THE ClRCUIT COURT OF THE SIXTEENTH JUDICIAL
ClRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
PI ain ti [flPeti tioners,
D~c" 1692951 04/30/2008 1:14PM
FJled & Recorded in Offici~l Records of
MONROE COUNTY DRNNY L. KOLHRGE
Case No. CA-K-Ol-I 08
v.
Doell 1692951
Bklt 2358 P;1l 1207
..,..
MONROE COUNTY. a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK. in his official
capacity as Building Official,
DefendantJRespondents
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NUNC PRO TUNC ORDER APPROVING FIFTH AMENDED SETTLEMENT'AGREEMENT
AS TO CONCH CONTRADA, L.C.
THIS MATTER was considered, and the Court having reviewed the Fifth Amended
Settlement Agreement entered into by the parties and filed with this Court on March 9,2007, and
finding same to be acceptable. it is .
ADJUDGED that the Fifth Amended Settlement Agreement is approved. The Court shall
retain jurisdiction over the parties to enforce the terms ofthe Agreement contained therein.
, DONE AND ORDERED at Key West, Monroe County, Florida this
--lip} J ,2008.
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day of
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CIRCUIT J GE 0/
c: County Attorney
Adele V. Stones
MONROE COUNTY
OFFICIRL RECORDS
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II'JII IE CIRCUIT COURT OF THE SIXi'l:ENTH JUDICfAL
Ci KCU!T IN AND fOR MONROE COUNTY, FLORTD/\
RICHARD M. OSBORNE, as Trustee;
Rlid CONCH CONTR.ADA, LC a
rlorida Limited Liability Company,
PI ainti ff/Petitioners,
Case No, CA-K-Ol-108
V,
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH PASKALlK, in his official
capacity as Building Official,
Defendant/Respondents
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SIXTH AMENDED SETTLEMENT AGREEMENT AS TQ
KEYS FEDERAL CREDIT UNION. AS SUCCESSOR IN INTEREST
TO RICHARD M. OSBORNE
Plaintiff KEYS FEDERAL CREDIT UNION ("Credit Unioo"), 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 P ASKALIK, 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
t'c"',
EXHIBIT
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d. The Third Amended Settlement Agreement a:-, to ('old, Contrada, L,C ll".>ed May J6,
2006 attnched as Exhibit "DO',
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".
The parties hereby agree to amend the Fourth Amended Settlement Agreement as to
Keys Federal Credit Union as Successor sn lnterest to Richard M, Osborne as [o]]ows:
a, Paragraph 1 is hereby amended to read:
}, 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 duringROGO 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 pemtit 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 psr;,t'rnph 7 is hr:reby nnll"Jlded to read
7 All other term~ or the original SeUlenw'1l Agreement dald July 17,
2002, ;lnd subsequent AltH::nded Settlement f\greemcnt, and Second
Amendcd Settlement Agr<:x~rnent, Third Amended Settlement Agreement ;)s
to Conch Contrada, Le., Fourth Amended Settlement Agreement as to
Keys Federal Credit Union as Successor in Interest to Richard M. Osborne,
and Fi fth Amended Settlement Agreement as to Conch Contrada, L. c.,
s11all 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:
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
unmodified, and any subsequent approved amendments or modification
l'. ,.
shall remain in full force and effect
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A TTES1::
DANNY L. KOLHAGE
CLERK:
B)V~~
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY f~~
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ignature 9f%tness
SCOT' DvS;Z'''I JJs,,, ,
Printed Name of Witness
13:tvtv,tA~ W ~
Signatur of Witness
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Printed ame of Witness
MONROE COUNTY RU1LDD-,lG
OFFfClAL
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By -.C~d?~c<::..tcK ____
J cph Paskalik
KEYS FEDERAL CREDIT UNJON as
Successor in Interest to RlCHARD M.
OSBORNE
BY.,Kk k }'2..j<:
President/CEO
MONROE COUNTY
OFFICIAL RECORDS
FILE # 14. SO 9 :1. 9
BK#20 15 PG#2137
Reo Sun 14 2004 09:58AM
DANNY L KOLHAGE, CLERK
IN THE CIRCUIT COURT OF THE 16TH
JUDICIAL CIRCUIT OF THE STATE OF
FLORIDA IN AND FOR MONROE COUNTY
CASE NO: 2001-CA-108-K
RICHARD M. OSBORNE. as Trustee
And CONCH CONTRADA, L.C., a
Florida limited liability company,
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Plaintiff/Petitioners
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MONROE COUNTY. a political
Subdivision of the State of Florida;
And JOSEPH PASKALlK, in his official
Capacity as Building Official,
Defendant/Respondents
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ORDER ADOPTING SETTLEMENT AGREEMENT AND
AMENDED SETTLEMENT AGREEMENT AS TO CONCH CONTRADA. L.C.
THIS CAUSE having come before the court pursuant to a Settlement
Agreement entered into by the parties and filed with this court on July 24,2002,
as well as the Amended Settlement Agreement as to Conch Contrada, L.C., filed
with this court on July 17, 2003. The court does hereby,
ORDER and ADJUDGE that this court does hereby accept the terms and
conditions of the said Settlement and Amended Settlement Agreements, and this
court hereby retains jurisdiction over the parties and subject matter for purposes
of enforcement of said Settlement Agreements.
DONE and ORDERED in Chambers at Key West, Monroe County, Florida.
this 7th day of June, 2004.
~~
CIRCUIT JUDG~
cc: Mark S. Ulmer, Esq.
David P. Horan, Esq.
MONROE COUNTY
OFFICIAL RECORDS
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