Item P12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/18/08
Bulk Item: Yes xx No
Division: County Attorney
Staff Contact: Bob Shillinger x3470
AGENDA ITEM WORDING:
Approval of Sixth Amended Settlement Agreement in Richard M. Osborne & Conch Contrada LC v.
Monroe County & Joe Paskalik, CA K 01-108.
ITEM BACKGROUND:
Under the proposed Sixth Amended Settlement Agreements, Keys Federal Credit Union as successor in
interest to Plaintiff Richard M. Osborne is seeking a one year deferrals of the proposed development
already agreed to in prior settlement agreements. The projects would be deferred until ROGO Year 17
(July 14, 2008 to July 13, 2009). This proposed amendment does not affect the revised settlement
agreement entered into with Conch Contrada LC.
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 original settlement agreement, Osborne was granted authorized to build a 35,200 sq.ft. mini
storage warehouse, a major conditional use, and received a parking variance from 105 spaces to 87
spaces. In March of 2003, the parties agreed to amend Osborne's settlement agreement to authorize a
25,120 sq.ft. banking facility by end of ROGO Year 14 instead of a 35,200 sq.ft. ministorage warehouse
by end of ROGO Year 12 and reduced parking to 78 spaces due to smaller scale of project.
The deadline for this development was previously extended by amended agreements approved on
5/16/06 and 2/21/07.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a 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 Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included xx 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-01-108
�rVA
MONROE COUNTY, a political
subdivision of the State of Florida,
and JOSEPH PASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
SIXTH 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 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
lgcl�
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:
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
shall remain in full force and effect.
ATTEST:
DANNY L. KOLHAGE BOARD OF COUNTY COMMISSIONERS
CLERK: OF MONROE COUNTY
By:
Deputy Clerk
Mario Di Gennaro, Mayor
Signature of Witness
Signature of Witness
Signature of Witness
Printed Name of Witness
MONROE COUNTY BUILDING
OFFICIAL
By:
Joseph Paskalik
KEYS FEDERAL CREDIT UNION as
Successor in Interest to RICE ARD M.
OSBORNE
Lm
President/CEO
MONROZi
Y T EYAPP �
OBERT B. SHILLI R, JR.
CHIEF ASSISTANT C NIIU TY ATTORNEY
Date:--
IN THE CIRCUIT COURT OFTHE SIXTEENT11 JUDICIAL
CIRCUIT -IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee.
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
Plaintiffs/ Petitioners, Case No. C Axel-10
V.
MONROEcou'T4,rY apolitical i; ; , C—
subdivision of the State of Florida; r `'
and JOSEPH PASKALIK, in his official
capacity as Building Official,
Defendant/ Respondents,
w
'SETTLEMENT AGREEMENT
Plaintiffs RICHARD M. OSBORNE, as Trustee ("Osborne"), and CONCir
CONTRADA, I,.C., a Florida Limited Liability Company ("Coach Contrada" . and
d
.
Defendants, MONROE CODUNTY, a political subdivision of file State of Florida
t
("Monroe County"), and JOSEPH PASKALIK, in hiss official capacity as Building
Official ("Paskalik"), having amicably resolved their differences
which gave rise to this
action, hereby agree to settle this matter between them 4pon the following
temxs and
conditions:
t. As to Osborne, Monroe County agrees: a) tl at a Major Conditional Us(r
to
construct a 35,200 sq, ft. mini -storage warehouse has beenJ'approved, with conditions by
,
Monroe County .Planning Commission on January 27, 1991, under Resolution No.1'3-97,
rc corded at 0. R. Book 1446, pages 2205 - 2207; b)I that a variance with regard to off-
street parking, reducing the number of'required parking spaces from 10 to 2.5 1,000
er � p
Exhibit "A"
sq. it. of floor area for the proposed mini -storage warehouse was granted by the Monroe
County Planning Commission on January 17, 1997, tinder Resolution No. P2-97; and, c)
that both development orders are presently valid and in full force and -effect.
2. As to Conch Contrada, L.C., Monroe County agrees: a) that a Minor
Conditional Use Development. Order No. 5-99 to construct one 7,500 square toot
restaurant, to relocate an existing sewage treatment. facility, and to locate a shared
driveway, was approved, with conditions, by the Planning Director of Monroe County oil
August 4, 2000, recorded in OR Book 1654, pages 1591-1595; and, b) that this
development order is presently valid an in full force and effect.
3. Notwithstanding anything in any of the development orders referred to in
Paragraphs I or 2, above (and, specifically Condition No. 1 in Conditional Use
Development Order No. 5-49), or any other provision of the Comprehensive Plan or
Ordinances of Monroe County, no building permit shall be denied to either Osborne or ,
Conch Contrada, L.C., on the basis of Monroe Coeunty's regulations relating to non-
residential rats; Of growth or the adoption (or lack of adoption) of a nonresidential permit
allocation system or its equivalent, including, but not limited to, the regulations set fortis
in Monroe County Comprehensive Plan Policies 101.3.I through 101.3.5, and Monroe
County Ordinance No. 032-2001.
4. In accordance with the development orders referred to in Paragraph_ 1.
above, Monroe County agrees to process promptly upon submittal Osborne's application
for building permit for construction of a 35,200 sq.11. mini -storage warehouse in ROGO
Year 12 (July 14, 2003, through July 13, 2004).
a
2
i
5. In accordance with the development order referred to in paragraph 2,
above., Monroe County agrees to process promptly upon,, subrn;ttal Conch Contrada's
application for building permit for construction of one 7,500 square foot restaurant, to
relocate an existing sewage treatment facility, and to locate a shared driveway, in ROGO
Year I 1 (July 14,-2002, through July 13, 2003).
6. Except as expressly provided herein, Osborne and Conch Contrada, L.C.,
Monroe County and Paskalik, waive any claim that each asserted or was capable of
asserting in this cause and each shall hear its own attorney's fees and costs of this
proceeding. In particular, and without limitation, Osborne and Conch Contrada, L .C., on
behalf of themselves,. their members, beneficiaries and any others claiming by or through
their, waive all claims for damages and compensation for denial of due process and
inverse condemnation (also referred to as regulatory or temporary (atting) arising from
the County's actions and regulations prior to the date of this Settlement Agreement.
7. The Plaintiffs Osborne and Conch Contrada, L.C. will prepare and submit
to the Court a "Notice of Voluntary Dismissal With Prejudice" of their present clairis
against the Defendants.
8. All parties acknowledge that this agreement is entered into for the purpose
Of settling pending litigation and 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 o r�perty,
Witness
(Print Name of Witness)
Charles rz95`nny" CCoy, Mayor of
Monroe County
Dated o -7 —
3
i iin _ss
Iness
A -
(Print c of. Witness)
, Naa Witnes
pi Its
(Print Name of Witness)
Witness
(fVC,11-CA(C
(I'Tirit Name of Witness)
Approved to legal sufficiency
Approved legal
By:
Mark s. Ulmer,, Esq.
Special Cbunsel to f4onroe County
V ',-I
4-kseph Paskalik, as Building Official
For Monroe County - : :
Dated—,�- Giz-
C 4ar OsBoime, Trusitee
Rich
Dated_:5—.
conch C ads, L. C.
Dated
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 Liallity Company,
Plainfaipeti►tioners, Case No. CA-K-014 08
U
MONROE COUNTY, a political
subdivision of the State of Florida,
and JOSEPH PASKALIK, in his official
capacity as Building Official,
DefendanVRespondents
i
Plaintiffs RICHARD M. OSBORNE, as Trustee ("Osborne"), and CONCH
CONTRADA, L.C., a Florida Limited Liability Company ("Conch Contrada"), and Defendants,
MONROE COUNTY, a political subdivision of the State of Florida ("Monroe County"), and
JOSEPH 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 than upon the terms and conditions recited in the Settlement
Agreement dated July 17, 2402, hereinafter "original Settlement Agreement," attached hereto as
Exhibit "A"
The major conditional use granted to Osborne to construct a 35,200 square foot
mini -storage warehouse with 84 parking spaces plus 4 handicap spaces during
ROGO Year 12, through the Original Settlement Agreement, shall be amended to
allow an alternate use can listing of construction of 25,120 square ;foot credit
union, banding or financial institution office facility requiring 74 parking spaces,
plus 4 handicap parking spares during ROC34 Year 14.
Exhibit "B", w/o exhibits
2. Notwi%standing anything in any of the development orders referred to in the
Original Settlement Agreement, or any Other provision of the Comprehensive
Plan or Ordinances of Monroe County, no building permit shall be denied to
Osborne on the basis Of Manure County's 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 regulations
set forth in Monroe County Comprehensive Plan Policies 101.3.1 through
101.3.5, and Monroe County Ordinance No. 032-2001.
3. In accordance with the development orders referred to in paragraph l 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 14 (Judy 14, 2005, through July
13, 2006).
4. Except as expressly Provided herein, Osborne and Monroe County and Paskalik,
waive any claim that each asserted or was capable Of asserting in this cause aril
each shall bear its own attorney's fees and costs of this proceeding. In particular,
and without limitation, Osborne, on behalf of itself, their heirs, successors,
beneficiaries and any others claiming by or through them, waive all claims for
damages and compensation for denial of due process and inverse condemnation
(also referred to as regulatory or temporary taking) arising from the County's
actions and regulations prior to the date of this Amended Settlement Agreement.
5, Plaintiff Osborne, in cooperation with Monme County, will prepare and submit to
the Court pleadings or notice required to address the Amended Settlement
Agreement.
6. All parties acknowledge that the Original Settlement A�reement was entered into
for the purpose of settling pending litigation and that this Amended Settlement
Agreement does not constitute an admission or evidence that any actions of
Monroe County or its employees that Plaintiffs Complain of were unlawful,
unconstitutional or deprived Plaintiffs or any others of any tights or property.
7. All other terms of the Original Settlement Agreement dated wily 17, 2002, shall
remain in full force and effect.
8. A County Code Enforcement lien currently encumbers the property. This lien
will be addressed in a separate agreement between Osborne and the County.
9. This Amended Agreement shall not be valid and binding upon the parties
until approved by the Court and incorporated into an Amended Final Judgment
entered by the Court in these proceedings.
14. Until this Amended Settlement Agreement has been approved by the Court
Pursuant to paragraph 9 above, the Original Settlement Agreement and Judgment
Previously entemd and unmodified shall remain in full force and effect.
ATTEST:
DANNY L. KOLHAGE
CLERK:
fir. Deputy Clerk
Clerk
Dated -_1 Q - 6 3
Signature of Witi6s 1
Printed Name of WitrwessG
HOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
A
By.
—1/1"brie Spe , Mayor^
MONROE COUNTY D 2ING OFFICIAL
By:
Joseph aska l�
RICF ARD. M. OSDORNE, a 'Trustee
BY.
IN THE CIRCUIT COURT OF THE SIXTEENTH IMICL4L
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSeBORNE, as Trustee
and CONCH CONTRADA, L.C,, a
Florida Limited Liability Compaq,
Ptaintiff7Pctitionem,
V.
Cast No. CA-K-01-108
MONROE COUNTY, $ political -
subdivision of the State of Florida;
and JOSEPH PASKALIK, in his oAcial
capacity as Budding Of id4
Defendan0kespondents
ED
PWatif RICHARD M. OSBORNE, as "hush ("Osborne"x and CONCH CONTRADA,
L.C., a Florida Limited Liability Company ("Conch Cons-ade), and Defbndannts, MONROE
COUNTY, a political subdivision of the State of Florida ("Monroe County"), and JOSEPH
PASKALLK, in his official capacity as &Ading Official ("Paskalik t), previously rm olved their
dif ences Wbich gave rise to the above -styled action, wherein the parties agreed to settle the
matter between them upon the terns and conditions recited in the Settlement Agreement dated
July 17, 2002, hereinsAer "Origb* Settlement Agreement," attaobed hereto as Exhibit "A". On
March 19, 2003, the Board of Count} Commissioners of Monroe County approved the Amended
Settieneeut Agrwnent, hereinafter "At' nemdad Settlement Agreement" attached WMo as Exhibit
"g".
The parties agree to amend t (amended) settlement agreement as follows.
1. The Keys Federal Credit Union, as successor in interest to Osborne, has received
thorough the Amended �ettlemeznt Agreement Major Conditional Use Approval to
Exhibit "C", w/o exhibits
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 l$
2. Notwithstanding anything in any of the development orders referred to in the
Original or Amended Settlement Agreement, or any other provision of the
Comprehensive 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 ofgrowth or the adoption (or lack of adoption) of a non"dential
permit allocation system or its equivalent, including, but not limited to, the
regulations set forth in Monroe County Comprehensive plan policies 101.3.1
through 101.3.5, and Monroe County Ordinance No. 032-2001.
3. In accordance with the dovdopment orders reftnred 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 15 (July 14, 2006, through July
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 tins cause and
each shall bear its own attorneys fees and costs of this proceeding. In particular,
and without limitation, Osborne, on behWofitaell!, their heirs, successors,
beneficiaries and any others claiming; by or through them waive all claims for
damages and compensation for denial of due process and inverse condemnation
(also referred to as regulatory or temporary toldng).arising from the County's
actions and regulations prior to the date of this Amended Settlement Agreement.
S. Plaintiff Osborne, in cooperation with Monroe County, will prepare and submit to
the Cows pleadings or notice required to address the Amended Settlement
Agreement,
6. All parties aclmmwledse that the Original Settlement Agreement was entered into
for the purpose of settling pending litigation and that this Amended Settlement
Agreement does not constitute an admission or evidence that any actions of
Monroe County or its employees that Plaintiff Complain of were unlapz �
r..
r�
unconstitutional or deprived Plaintif or any others of any rights or pr
Q
7. All other terms of the Original Settlement Agreement dated July 17, 206W
remain in full force and effect.`�,��
40
S. This Second Amended Agrownetlt Snail not be valid and binding upon theti
pases
9.
13 q-D-
until approved by the Court and incorporated into an Amended Final Judgment
entered by the Court in thew proceedings.
Until this Second Amended Settlement Agreement has been approved by the Court
pursuant to Paragraph 8 above, the Original Settlement Agent and Judgment
entered and unmodified shall remain in ful€ force and effect.
BOARD OF COUNTY
OF MONROE COUXI
By:
MONROE COUNTY BULDING OFFICIAL
(C�- j" x7e,
Joseph Pagk4 -k
KEYS FEDERAL CREDIT UNION as
Successor and Interest to RICHARD OSBORNE
Signature of Witnesss
u�e�q; BY:
Printed Name of Witness
ma COUWY ATTORPM
A FO
LLI
99to All rA gIO rV ATTORNS�Y~�
iN THE aRCUTT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT YN AND FOR MONROE COUNTY, FLORIDA
IUCILW M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
Plaintmetitionem 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,
Defadaot/bsponderta
l
Plaintiff CONCH CONTRADA, L.C., a Florida Limited Liability Company ("Coach
Cotmada"), and Defendants, MONROE COUNTY, a political subdivision of the Stan ofmorids
("Monroe COwW), and JOSEPH PASKALIK, in his official capacity as Building Official
("Paekalik"), (collectively, the "Parrtiea"), previously resolved their difravnces which gave rise to
the above -styled action, whe Mn the parries agreed to settle the matter between them upon the
terms and conditions recited in paragraphs 2, 3, and S in the Settlement Agreement dated duly 17,
2002, f trdnafter "Original Settlement Agreement," attached hereto as Exhibit "A". The
Settiment Agreement was previously amended to provide for a change in the conditional use and
to extend the time period for budding permit application and construction of the approved
conditional use.
1. The parties agree to amend the (second) Amended SettlemeM Agreemmt as
follows:
a. Paragraph S is amended to now read:
Exhibit "D", w/o exhibits
Conch Contrada agrees to submit an application for Amended CoaeditiorW
Use Order that reflects the intended change in use, should Conch Contrada
decide to develop the subject property with an alternative uses). 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 ust6 retail and/or officelprofessional use flzcility in RUGO year IS
(July 14, 2006 - July 13, 2007).
2. The parties further agreed that no provision in this agreement shall exempt Plaintiff
Conch Contrada LC from any requirements imposed by statute and/or ordinance to
connect to a central sewage system when one becomes "available' as that term is
defined by statute and/or ordinance.
3. Plaintiff Conch Contrada, in cooperation with Monroe County, will prepare, and
submit to the Court pleadings or notice required to address the Amended
Settlement Agreement. Conch Contrada shall pay any costs incurred $a a result of
filing this Second Amended Settlement Agreement and any associated pleadings or
notices with the exception that each party shall bear its own attorney's fees.
4, All parties acknowledge that the original agreement was entered into for the
purpose of settling pending litigation and that this Second Amended Settlement
Agreement does not constitute an admission or evidence that any actions of
Monroi County or its employees that Plaintiffs Complain of wm urdawfzl,
unconstitutional or deprived Plaintiffs or any others of any rights or property.
S. All other terms of the Settlement Agreement dated July 17, 2002, and the (first)
Amender! Settlement agreement which was approved by the Board on or about
May 21, 2003, and the Second Amended Settlement Agreement which was
approved by the Board on or about January 19, 2005, especially as it pertains to
Conch Contrada, L.C., shall remain in full force and effect.
6. This Amended Agreement shalt not be valid and binding upon the parties until
7
approved by the Court and incorporated into a Third Amended Final Judgment
entered by the Court in these proceedings.
� �
Until this Third Amended Settlement Agreement has been approved &
r"�
pursuant to the preceding paragraph, the Original Settlement Agreeme�
Judgment previously entered, and any subsequent approved a n,7_ I
modifications shall remain is full force and effect.4.0
BOARD OF CO OMM7SSIONERS
-�&
Cha des McCoy, of
Monroe County
MONROE COUNTY BLDG. OFFICIAL
BY
seph skal&
MONFIRE C N r qTORNl=Y
M
"V
RO T 1N , JS.
assi►an OUNrt RNEY
oats,..,_ ..,.
-rt
4
.- -C� �, 00 '-r-O
Signature of Witne� T By:
find Sawyer -
- -,7"',
- ..y Lib y Trevor
Printed Name of Witness
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 JOSEPH PASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
t '.i�-A. r
FOURTH AMENDED SETTLEMENT A REEMENT AS TO vs�'�
KEYS FEDERAL CREDIT UNION AS SUCCESSOR IN INTEREST x'
TO RICHARD M. OSBORNE
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 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, 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 dated May 16, 2006 attached as
Exhibit "C".
Exhibit "E", w/o exhibits
i
d. The Third Amended Settlement Agreement as to Conch Contrada, L. C. dated May 16,
2006 attached as Exhibit "D". ..
follows:
1. The parties hereby agree to amend the Second Amended Settlement Agreement as
a. Paragraph 1 is hereby amended to read:
1. The Keys Federal Credit Union, as successor in interest to
Ossorne, 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 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
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.0 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.
3
F , I N -
ERTA-we"I
ByCT—
eputy Clerk
Signature of Witness
a;,f �,q ,�L /0 /,Omew
Printed Name of Witness
—Az�e& v. 4-g;T,�
Signature of Witness
Printed Name of Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORID
By: l
Mayor/Chairperson
ADate
E COUNTY ATTOR Y
VEO AS TO F
ANNE ON
UNTYTonY
MONROE COUNTY BUILDING OFFICIAL
By:
age�a4-
Joseph Pas-kalik
KEYS FEDERAL CREDIT UNION as Successor
in Interest to RICHARD M. OSBORNE
By:
resid CEO
n
u
- i
1
IN TFIE'-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-0.1-108•: .
V.
MONROE COUNTY, a. political
subdivision of the State of Florida;
and JOSEPH PASKALIK in his official
capacity as Building Official,
Defendant/Respondents
FIFTH AMENDED SETTLEMENT AGREEMENT AS TO CONCH CONTRADA, L.C.
Plaintiff CONCH CONTRADA, L.C., a Florida Limited Liability Company ("Conch
Contrada"), and Defendants, MONROE COUNTY, a political subdivision of the State of Florida
("Monroe County"), and JOSEPH PASKALIiK, 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"
C. The Second Amended Settlement Agreement (Osborne) dated May 16, 2006
attached as Exhibit " C"
Exhibit "F", w/o exhibits
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 I. a. (Paragraph S 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 Couri pleadings or notice required to address the Fifth
Amended Settlement Agreement. Conch Contrada shall pay any costs incurred as a
result of filitag this Fah Amended Settlement Agreement and any associated
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 adrussion 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.
t
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 Amended 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
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.
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ATTF,ST:y
DAh L:
CLERKhOF THE-E- "C 1URT
B
Deputy Clerk
Printed Name of Witness
tore of Witn
Pri d Name of Witness
BOARD OF COUNTY COTO&SSIONERS
OF MONROE COUNTY, FLORID
By IAOL
Mayor/Chairperson
MONROE COUNTY
MONROE COUNTY BUILDING OFFICIAL
By:
Joseph Paskaiik
CONCH CONTRADA, L.C.
a
Libby evor
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