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Item P05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 2/21/07 Division: County Attorney Bulk Item: Yes ~ No Staff Contact: Bob Shillinger x3474 AGENDA ITEM WORDING: { Approval of Fourth and Fifth Amended Settlement Agreements in Richard M Osborne & Conch Contrada LC v. Monroe County & Joe Paskalik. CA K 01-108 granting another one-year deferral of the proposed development through the end ofROGO Year 16 (July 14,2007 to July 13,2008). ITEM BACKGROUND: Under the Second Amended Settlement Agreement (Osborne) and Third Amended Settlement Agreement (Conch Contrada), approved by the Board 5/16/06, both Plaintiffs were granted one year deferrals of the proposed development already agreed to in prior settlement agreements until the end ofROGO Year 15 (July 14, 2006 to July 13, 2007). The Second Amended Settlement Agreement (Osborne) acknowledged that Keys Federal Credit Union is Richard Osborne's successor in interest to the subject property. By letter dated 1/18/07, Counsel of Record for Keys Federal Credit Union has advised her client has been unable to move forward on the approved conditional uses due to ongoing negotiations with the Florida Department of Transportation regarding roadway abandonment, which is critical to the site development and has requested another extension. By email, Counsel has requested the amended settlement agreements be for both Osborne and Conch Contrada. The proposed Fourth and Fifth Amended Settlement Agreements provide deferrals through the end of the following ROGO Year 16 (July 14,2007 to July 13,2008) for the proposed development already agreed to in prior settlement agreements. PREVIOUS RELEVANT ROCC ACTION: In July 2002, BOee approved a 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 authorization 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 2003, the parties agreed to amend Osborne's settlement agreement to authorize a 25,120 sq.:ft. credit unionlbanking facility by end of ROGO Year 14 instead of a 35,200 sq.ft, mini-storage warehouse by end ofROGO Year 12 and reduced parking to 78 spaces due to smaller scale of project. Under original settlement agreement, Conch Contrada was authorized to construct a 7,500 sq.:ft. restaurant, a minor conditional use. Conch Contrada also agreed to relocate on-sight existing sewage treatment plant and relocate a shared driveway in ROGO year 11. In May 2003, the parties agreed to amend Conch Contrada's settlement agreement to pemrit as an alternative use a 7,500 sq.:ft. medium intensity, mixed use retail or professional office space instead of a restaurant and to defer development from ROGO year 11 until ROGO Year 12. In January 2005, the BOeC agreed to defer development from ROGO Year 12 until ROGO Year 14. PREVIOUS RELEVANT DOCC ACTION (Cont.) In May 2006, the Board approved a Second Amended Settlement Agreement (Osborne) and a Third Amended Settlement Agreement (Conch Contrada) extending development by the end ofROGO Year 15 (ending July 13, 2007); the Second Amended Settlement Agreement (Osborne) also acknowledged that Keys Federal Credit Union is Richard Osborne's successor in interest to the subject property. CONTRACT/AGREEMENT CHANGES: Additional one-year deferral on the proposed development to the end ofROGO Year 16 (ending July 13, 2008). , STAFF RECOMMENDATIONS: Approval. TOTAL COST: nla BUDGETED: n/a COST TO COUNTY: nJa SOURCE OF FUNDS: nla REVENUE PRODUCING: Yes No .1L AMOUNT PER MONTH n/a Year n/a APPROVED BY: County Att(!14 OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included xx Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/03 STONES & CARDENAS ATTORNEYS AT LAW 22 1 SIMONTO N STREET, KEY WEST, FL 33040 TELEPHONE (305) 294-0252 FAX (305) 292-5442 ADELE VIRGiNIA STONES, P.A. SUSAN M. CARDENAS, P.A. January 18, 2007 Suzanne Hutton, Esq. County Attorney's Office 500 Whitehead Street Key West, FL 33040 Re: Richard Osborne, Trustee and Conch Contrada, LC v. Monroe County, et. al. Case No. CA-K-01-108 Dear Ms. Hutton: Please consider this letter as a request to extend the time periods contained in the Second Amended Settlement Agreement approved by the Board of County Commission on May 31, 2006. My client, Keys Federal Credit Union, currently has until July 13, 2007 to initiate development of the approved 25,120 square foot Credit Union Office with minor retail banking component. The property owner has not been in a position to move forward on the approved conditional uses due to the ongoing negotiations with the State of Florida Department of Transportation regarding roadway abandonment, which is due to be finalized within the next six (6) months. The Florida Department of Transportation roadway abandonment is critical to site development. There are no changes in circumstances on the property or surrounding location which would be materially impacted by a one year extension. In order to protect the development rights conferred by the Second Amended Settlement Agreement, an extension of the deadline for submittal of the building permit is requested. Please advise what further step(s) may be required for consideration and approval ofthis request. RECEIVED JAN 2 2 2007 MONROE COUNTY ATTOR EY Page 1 of 1 H uttonMSuzanne From: Ginny Stones [avstones@bellsouth.net] Sent: Monday, January 29.20079:38 AM To: Hutton-Suzanne Subject: RE: Osborne Suzanne: Yes, please extend/amend as to both Conch Contrada and OSborne/ KFCU as successor in interest. Thank you. Ginny From: Hutton-Suzanne [mailto:Hutton-Suzanne@MonroeCounty-FL.Gov] Sent: Monday, January 29, 20079:20 AM To: ginny@keyslaw.net Cc: Ginny Stones; Peters-Katherine Subject: Osborne Ginny, Do you want amended agreements of one year deferral for both Osborne & Conch Contrada, or just Conch Contrada, recognizing KFCU as its successor in interest? S~ A. ~<<l't<m County Attorney Monroe County PO Box 1026 Key West, FI. 33041"1026 305-292-3470 1/29/2007 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 / FOURTH AMENDED SETTLEl\ffiNT AGREEMENT AS TO KEYS FEDERAL CREDIT UNION. AS SUCCESSOR IN INTEREST TO RICHARD M. OSBORNE Plaintiff KEYS FEDERAL CREDIT UNION ("Cr~dit Union "), as successor in interest to Richard M. Osborne, Trustee, and Defendants, MONROE COUNTY, a political subdivision of the State of Florida C'Monroe Countyll), and JOSEPH PASKALIK, in his official capacity as Building Official Cfpaskalik"), (collectively, the ItPartiesll), 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,11 attached hereto as Exhibit I1N'. b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as Exhibit liB 11 . c. The Second Amended Settlement Agreement dated May 16, 2006 attached as Exhibit ne", 1 d. The Third Amended Settlement Agreement as to Conch Contt'ada, L.c. dated May 16, 2006 attached as Exhibit liD II . 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 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. 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. 3 ATTEST: DANNY L. KOLHAGE CLERK OF THE COURT By: Deputy Clerk Signature of Witness Printed Name of Witness ~tI~, Signature of Witness Md e.-- lI- ~ f1; ~ Printed Name of Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairperson MONROE COUNTY BUll-DING OFFICIAL By: Joseph Paskalik KEYS FEDERAL CREDIT UNION as Successor in Interest to RICHARD M. OSBORNE By: b: President/CEO 4 . ~. EXHIBIT !tAt' IN THE CIRCUIT COURT OF TIlE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA RICHARD M. OSBORNE~ as Trustee~ $fId CONCH CONTRADA~ L.C., a FJori,da Limited Liability Company, Plaintiff'sl Petitioners~ edSC No. CAK..ol-108 I -.' " ('::') ""q . , h.1 .. . .. Co.- ...~; . ? r... " .J. "', " ..s;:- "J ::.) .' -0 :"J , p -~ -... ! .1 : ".\: -I.: u ~'::" ,;'"") " .. ~.;) ,- .i.>- ni {.) :~17 w '.u v. MONROE COUN'fY~ a political subdivision of the State of Florida; and JOS8PH PASKALIK. in his official capacity as Building Official~ Defendant! Respondents. SETI'LEMENT AGREEMENT l)lainliffs RICHARD M. OSBORNE, as Trustee ('Xlsbome"), and CONCH CONTRADA, Le., a Florida Limited .Liability Company ("'Conch Contrada"'). and Defendants. MONROE COUNTY~ a political subdivisiOtl of the State of Florida ('"Monroe County')~ and JOSEPH. PASKAUK. in his official capacity as Building Official ("Paskalik"), having amicably resolved their differences which gave rise to this action. hereby s.grec to settle this matter between them upon the following terms and conditions: 1. As to ~shorne~ Monroe County agrees: a) that a Major Conditional. Use to COllstl'Uct a 35.200 sq. ft. mini-storage warehouse has been approved. with conditjon5; by Monroe CounLy Planning Commission on January 27,1997. under Resolution No. PJ.97~ rccmded at O. R. Book 1446~ pages 2205 - 2207; b) that a variance with regard to off- street parking. reducing the nwnber 0 r required parking spaces from 3.0 to 2.5 per 1,000 EXHIBIT I A ;\\~ . .......' ': ..:..... " ,.. 1 "d ~ S6Z 9t.\F. ~-=ll-l :')1 ~ Wl"U-l-l W\:f1'1 j -I=l ;:O~-OII-t:: -.,. sq. n, of floor area for the proposed mini-storage warehouse was granted by the Monroe County Plannmg Commission on J~nuwy 17, 1997, under Resolution No. P2R97: and, c) that both development orders are presently wlid and. in full force and effc1.t. 2. As to Conch Comrada, 'L.C., Monroe County agrees: a) that a Minor Conditional Use Development Order No. 5-99 to construct one 7,500 square tOOt. rcsmumnt, to relocate an existing sewage treatment. facility, and 10 locate a shared driveway, waf; approved. with conditions, by the Planning Director of Monroe County on August 41 2000. recorded in OR Book 1654, pages 1591-1595; and, b} that this development order is presently valid and in full force and effect. 3. Notwithsta~ding anything in any of the @velopment orders referred to in paragraphs 1 or 2.. above (and, speclflcally Conditi~n No. 1 in Conditional Use Development Order No. 5-99)t or any other provision of the Comprehensive Plan or Ordinances of Monroe County t no building pennit shall be denied to eitIler Osborne or Conch Contrada, L.C.. on the basis of Monroe Cuunty's regulations relating to non. residential ratd 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 forth in Monroe County Comprehensive Plan Policies 101.3.1 through 101.3.5. and Monroe County Ordinance No. 032M2001. 4. In accordance with the development oOOel'S referred to in p8l'3gfaph 1. above. Monroe County agrees to process promptly upon submittal Osborne's application for huilding permit for construction of a 35,200 sq. ft. mini~storage warehouse in ROOO Year 12 (July 14. 2003~through July n, 20(4). 2 C:'d ,{::??tF. ~. c:w'iF' !=:1"Do4rn'::l>l :''IT''~ W1"l).f-l WWQll~ ~~7_ml_~ 5, In accordance with the development order referred to in paragraph 2, 81hove, Monroe County agrees to process promptly upon. submit.tal Conch Cuntrada's application for building permit for construction of one 1 ~500 square foot restaurant. to relocate an existing sewage trealment fa.cmty~ and to locate a shared driveway. in ROOD i' Year II (July 14,2002. through July 13~ 2003), 6. Except as expressly provided here!\\, Osborne and Conch Conlrada, L.c.. Monroe County and Pask.ali~ VI.'"aive any claim that caQn asse~ed or was capable of asserting in this cause and each shall bear its own attorney's fees and co~ of this proceeding. In particular, and without limitation, Osborne and Conch Contrada. L.C., on behalf of themselves. their members. beneficiaries and any othe1'3 claiming by or through [helil., waive aU claim.s fur <iamages and oompensatio~ for denial of due process and inverse condemnation (also referred to as regulatory or temporary laking) arising from the County's actions and regulations prior to the date of this Settlement Agreement. 7. The Plaintiffs Osbome and Conch Contrada, L.C. win prepare and submit to the Court a. ''Notice of Voluntary Dismissal. Wltb. Prejudioc" of their present claims again lit the Defendants. 8. AU patties acknowledge that this agreement is entered into for the purpose . of settling pending litigation and does not constilllte an. admission or evidence that any actions of Monroe County or its employees that Plaintiffs complain of were unlawful, '; '. k .'.r if i<;. :tIC -a.( Witness . /'"1 ..i' " ...,& .;~, ..( ,- ~ unconstitutional or deprived Plaintiffs or any others of any rights 0 \) ..~ k~d' k{,.... ll~ .J . ~ ~~:d. 'j:i"s. (Print Name of Witness) Charles ' Monroe County Dated D7.../7....0~ 3 E'd ~ SEe CW'lF. s:;t"\Mf"O~ :"l1~ wro-:-l ~c:; j ~ /=:t 7rN'11'P'....t7l1_G::: ~. 7 to .... J it ...i'ri itS _ '-~ ."h j ~i r (Print Name of Witness) i\' . !,. { ~. i 4 '. ,.,/: i . U C. i\A:\::.;:t I 1..' (.h~lL ~:ii Witness ,. (\"\u.:jl.dl<::.. N \C.t\~~.__. (Print Name QfWitness) ~X-<<i~ Mark s~ Ulmer,. Esq. Special Counsel to Monroe County ll'd '....,..'01" B? .. ~'/<~ L, sepli Paskalil4 as BuUding Official For Monroe County Dated 1- & . Pi'- C~~_ R.ichar . Os&me. stee . Dated s=.:/ J.. 'oM:)... 4 ~ ~ S'l2lF. ~~ :"'l1~ Wl"'\}.l-l IArntQ t II it:! 7~__f'$I m ~ 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~ . ~ PlaintifflPeutioners, Case No. CA-K..()1-108 v. MONROE COUNTY, a political subdivision of the State of Florida; and JOSEPH PASKA.LIK. in bis official capacity as Building Official, DefendantIRespondents I ~J3D SEITLEMENT AGREEMENT Plaintiffs RICHARD M. OSBORNE, as Trustee (1l0sbometl), 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 P ASKALlKt in his official capacity as Building Official (npaskaliklf), previously resolved. their differences which gave ri(3C to the above-styled actio~ wherein the parties agreed to settle the matter betvveen them upon the terms and conditions recited in the Settlement Agreement dated July 17, 2002, hereinafter HOriginal Settlement Agreement,U attached hereto as Bxhibit "AU. 1. 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 ROOD Year 12, through the Original Settlement Agreement, shall be amended to allow an alternate use con sisting of constmction 0(25,120 square foot credit union, banking or fInancial institution office facility requiring 74 parking spaces, plus 4 handicap puking spaces during ROOO Year 14. EXHIBrr Ie 2, Notwithstanding anything in any of the development orders referred to in the Original Settlement Agreement, or !mY oilier p~vision of the Comprehensive Plan or Ordinances of Monroe Countyt no building permit shall be denied to , Osborne on the basis of Monroe County's regulations relating to nonMiesidential 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 regulations set forth in Monroe County Comprehensive Plan P~licies 101.3.1 through 101.3.5, and Monroe County Ordinance No. 032m2001. 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 pennit 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 fuumcial institution office facility in ROOO Year 14 (July 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 and each shall bear its own attorney's fees and costs of this proceeding. In particular, and without limitation, Ol!lbome~ on behalf of itself~ their heirst successors~ beneficiaries and any others claiming by or through them, waive aU 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. PlaintiffOsbome, in cooperation with Monroe County, will prepare and submit to the Court plea.dings or notice required to address_ 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 a.dm.ission or evi~ence 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. 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 'Win 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. 10. Until this Amended Settlement Agreement has been approved by the Court pursuant to paragraph 9 above, the Original Settlement Agreement and Judgment previously entered and unmodified shall remain in full force and effect. ATTEST: DANNY La KOLHtiCE ." ~.~~( L~ .' '. CLERK: V::- is'.;}'.{,~,\ \~ t "~~. /~..:'. ':'10 . ~'". ~ By: Q.. ~ Deputy Clerk Dated l) 3 ... J 9 - 6 S s@Brd:~~l~ Prmted Name of Witness I BOARD OF COUNTY COMISSIONERS OF MONROE COUNTY By: ~~ ~~~ By: RICHARD. M. OSBORNE~ a Trustee By: ~I$ A~)I'-.IJf;-~ IN THE CIRCUIT COURT OF THE SlX.1'EENTH 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.QI-I08 v. MONROE COUNTY, a political subdivision aftlle State of Florida; and JOSEPH P ASKALIK, in his official capacity as Building Official, DefendantIRespondent8 J SECOND AMENDED SETTLE:ttmNT AGREEMENT Plaintiffs RICHARD M. OSBORNE. as Trustee ("Osborne"), and CONCH CONTRADA. L.C" a Florida Limited Liability Company ("Conch ContradaR), and Defendants, MONROE COUNTY, a political subdivision of the State of Florida ("Monroe COUnty'I), and JOSEPH P ASKALIK, in his official capacity es Building Official C.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, hereinafter HOriginal Settlement Agreement, II attached hereto as Exhibit IIAIl, On March 19, 2003, the Board of County Cor:nmiBsioners of Monroe County approved the Amended Settlement Agreemen~ hereinafter "Amended Settlement Agreementtl attached hereto as Exhibit "13", The parties agree to amend the (amended) settlement agreement as fonows: 1. The Keys Federal Credit Union, as successor in interest to Osborne, has received through the Amended Settlement Agreement Major Conditional Use Approval to EXHIBIT Ji 1 construct Ii 25,120 square foot credit union. banking or financial institution office facility requiring 74 parking spaces plus 4 handicap parking spaces during ROGO Year 15. I 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 Ordinanl;eS of Monroe Coumy. no building permit s1Wl 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 nonresidential permit allocation system or its equivalent, including, but not limited to, the regulations set forth in Monroe County Comprehensive Plan Policies 101.3.J through 101.3.5, and Monroe County Ordinance No, 032-2001. 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 usigns for construction ofOOm-storage warehouse per the Original Settlement Agreement during ROGO Year 12 octhe 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. this cause and each shall bear its own attorney's fees and costs of this proceeding. In particular. and without limitation, Osborne, on behalf ofiwelf,. 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. $. PlaintiffOsbome, in cooperation with Monroe County, will prepare and submit to the Court pleadings or notice required to' address the Amended Settlement Agreement. 6. An parties. acknowledge that the Original Settlement Agreement was entered into for the purpose of settling pending litigation and that this Amended Settlement 7. Agreement does not constitute an admission or evidence that any actions of Monroe County or its employees that Plaintiffs Complain of were u~ I $ % a unconstitutional or deprived Plaintiffs or ooyothers of any rights or pr~ ~ ~~ ~ All other-terms of the Original Settlement Agreement dated July 17, 206is.i~1I ~~ ~ .-\<;;")::c reItl8in in full force and effect. ;;:-t~ ..g r' f"T'l 0 This Second Amended Agreement shall not be valid and binding upon U:parties ~ 8. until approved by the Court and incorporated into an Amended Fmal Judgment entered. by the Court in these proceedings. 9. Until this Second Amended SettleJt1e1lt Agreement has been approved by the Court pursuant to Paragraph 8 abo.ve, the Original Settlement Ag1:"eeme1It and Judgment ...:..~~~~:.;'~... .,.-:~ k~.....Ot(;...>_ .......~~~.. .. ~h.. ,_~ d....._-_.:t::;C........I_'t.._ll ..... fullfor __.lI_~ . ..{~~=,_',,;;J:;;,-:::;} "- ~~ou"".Y enter~ an WiWU'UWNU lilli:lU remmn In ce allu cuect. ';:;'5;' ".;,;-\ t}~~~"'i' 'p r' ,1!-c'1 .:;' ... ~. .c.- .I ,.:'.~: p.;;:' -;' 'W~GE BOARD OF COUNTY ..,.~ '.e~;;'" .~' "", OF MONROE CO -"'~Bt?~~ Deputy Cterk By: SIONERS -r1 ~ o ""'" o ~ ::0 ~ (') a ~ ,~j/~ Signature ofWrtness ~e4/.- -!ht,tl> Printed Name ofWttness MONROE COUNTY Bt.nLDING OFFICIAL By: r}cf/I?- eA:JJ , Joseph Paskalik KEYS FEDERAL CREDIT UNION as Successor and Interest to RICHARD OSBORNE By:~ IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT I.N AND FOR MONROE COUNTY, FLORIDA RICHARD M. OSBORNE. as Trustee; and CONCH CONTRADA, L.C., a Florida Limited Liability Company, . PJaintiftiPetitiOnei's, Case No. CA~K.OI.108 v, MONROE COUNTY, 11 political subdivision ofte State of Florida; and JOSEPH P ASKAUK, in his official capacity as Building Official, DefendantlRespondents I THIRD AMENDED SETTLEMENT AGREEMENT AS TO CONCH CQNmAJJA. L,C. Plaintiff CONCH CONTRADA, L.e., a Florida Limited Liability Company f'Conch Contrada"), and Defendants, MONROE COUNTY:. a political subdivision of the State of Monda ("Monroe County"), and JOSEPH P ASKALIK, in his official capacity as Building Official epasbJ.ik"). (collectively. the flPartiesU). previously resolved their differences which gave rise to the abov&-styled action. wherein the parti,es agreed to settle the matter between them upon the terms and conditions recited in paragraphs 2, 3, and 5 in the Settlement Agreement dated July 17, 2002, hereinafter "Original Settlement Ag:reemen~ I'l attached hereto as Exhibit IIAn, The Settlement Agreement was previously amended to provide for a change in the conditional use and to mrtend the time period for bwlding permit application and construction of the approved conditional use. I. The parties agree to amend the (econd) Amended Settlement Agreement as follows: a. Paragraph S is amended to now read: EXHIBiT I Conch COll~ 8gte...'""S to stnbmit 00. applic~tiolll fOll Anwnded CC1JllditioWl~ Use Order that reflects the intended change in use, should Conch Contrada dlOOide to develop the subject property with an alternative use(s), Upon approval ofthe Amended Conditional Use Order by the Pltuming Director. and in accordance with the developm.em 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 usigns for oonstr'l.Wtion. of one 7,500 square foot restaunmt, or as an alternative, a 7,500 square foot medium.intensity. mixed use. retail andlor office/professional use fil.eility in ROOO rem-IS (July 14, 2006 -.July 13.2007). .' Z. The parties further agreed that no provision in ,this agreement shall. exempt Plaintiff Conch Contrada LC from any requirements imposed by statute and/or ordiMnce to connect to a central sewage system when one becomes "availableU as that term is defined by statute and/or ordinance, 3. Plaintiff Conch Contrad&, 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 mny costs incurred as a result of filing this Second Amended Settlement Agreement and any associated pleadings or notices with the exception tlm.t eooh 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 MY actiOtl& of Momo@ County or its I!Smpio~~ that Plamriifs Complmn Qfwere uwawful, unoonstitutionalor deprived Plaintiffs or any others of Iilny rights or property. 5, An other terms of the Settlement Agreement dated July 17, 2002, and the (flrnt) Amended 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 Ag:reement shaDI not be valid and binding upon the parti~ until approved by the Court and incorporated into a Third Amended Filial Judgment 7. entered by the Court in these proceedings. I'oi :J:: _ _ c - - Until tbis Third Amended Settlement Agreement bas been approved b~3i... ~~ " J'~~% -.-e fT1< -< :z: pursuant to the preceding paragraph, the Original Settlement Agreetn~~ ~ ~;.: :::o~; Judgment previously entered, and any subsequent approved am~~~ G I ~.... -q t.; r- I.~ :1> " modifications shall remain in fun force and efrect. MONROE COUNTY BLDG. OFFICIAL Bfi~e~ sepb alWik :li:lIlo :x W o \a :!! r- m o ....., a ;0 ;0 fTi \;, <::) ::u o 1 ~, ~U~~R Slgnamre of Witness --.Q:-- "- . Cindy Sawyeli -- Pil'.Ii'I.tw Name ofWimess CONCH CON'I'RAD~ By: ~J' AA-&... Lib~ Trevor~ flr-{.')'-. " 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, PlaintiIDPetitioners, Case No. CA-K-OI-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 / 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 P ASKALIK, in his official capacity as Building Official (UPaskalik"), (collectively, the UPartieslt),'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 1t0riginal Settlement Agreement, II attached hereto as Exhibit II A". b. The Amended Settlement Agreement dated March 19, 2003, attached hereto as Exhibit liB II . C. The Second Amended Settlement Agreement (Osborne) dated May 16, 2006 attached as Exhibit nc'. .,c' 1 d. The Third Amended Settlement Agreement as to Conch Contrada, L. C. dated May 16,2006 attached as Exhibit "DlI, 1. The parties hereby agree to amend the Third Amended Settlenlent Agreement as follows: "a. Paragraph 1.a. (Paragraph 5 of original Settlement Agreement) is hereby amended to Tead: L a. Conch Contrada agrees to submit an application for Amended Conditional Use Order that reflects the iutended 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 Seqlement Agreement, Monroe County agrees to process promptly upon submittal the application for building permit by Conch Contrada or its assigns fOT construction of one 7,500 square foot restaur&nt, 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 Fifth Amended Settlement Agreement. Conch Contrada shall pay any costs incurred as a result of filing this Fifth Amended Settlement Agreement and any associated pleadings or notices with the exception that each party shall bear its own attorneis 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: 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. 3 ATTEST: DANNY L.KpLHAGE CLERK OF THE COURT By: Deputy Clerk Signature of Witness Printed Name of Witness kCLLj S, ljljENSII\llJ Prin Name of Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairperson MONROE COUN1:V ATTORNEY OVED AS T M' MONROE COUNTY BUILDING OFFICIAL By: Joseph Paskalik CONCH CONTRADA, L.C. By: cf ~ ~~l/J-TD ~ Libbyffrevor 4 . ~' EXHIBIT u~A~~ ~N THE CIRCUIT COURT OFmlE SIXTEENTH JUDJiClAL CIRCUIT I~_ AND FOR. MONROE COUNTY, FLORiDA R,ICHARn M. OSBORNE. as Tt'lllstoo; and CONCH CONTRADA~ L.C.. a Florid"a Limited Liability COD1JWlY, Plai lltiffsl Petitioners. C~se No. CAK..ol ~ 108 f -... c, '- I - tv ~:;'~ H Co- ? '.... '. :J , - fII' '1 .r;:" I"J ":-.:1 ,- "'tJ 7'J '" -~ _.i_ ! 'I :"~ : -I ~ - " ~-:a n '; .. ~.:) t- ;... n; CaJ :~r~ w '.i:.J v. MONROE COUNTY.. a political subdivision of the State of Florida; and JOSEPH P ASK AUK, in his official capacity as Bu.Uding Official.. Defendant! Respondents. SETI'LEMENT AGREEMENT " l)lainliffs RICHARD M. OSBORNE, &~ Trustee {''Osbome1'), and CONCH CONTRADA, L.C., a Florida Limited Liability Company ("Conch Conlradaj. and Dcibndants. MONROE COUNTY. a political subdivision of the State of Florida , ("Monroe County''), and JOSEPH P ASKAUK. in his official capacity as Building Official ("Paskalik"), having amicably resolved their differences which gave rise to this actiOll. hereby sga-ec ~o settle this matter between them upon the following terms mnd conditions: 1. As to Osborite~ Monroe County agt'QeS: a.) tha1 a Majoli' Conditional Use to 00l'\StruCt a 35.200 sq. ft. mini-storage warehouse has been approved, with conditions, by Monroe Counly Planning Commission on January 27,1997, under Resolution No. PJ.97. recorded at O. R. Book [446. pages 2205 - 2207; b) thai a variance with regard to, o,ff- street parking. reducing the number of reqwred parking spaces from ),0 to 2.5 per 1,000 EXHIBIT fj ~\:-~ ' , : ...... ~ . " l "d ~ ssr;:; ~ ~mm'::lM !)'i --r.-:,n-\ Wil.."'I-I W'l;:I1'? j . Fl ;:s'~-t7lI_l'=l """""l-" , " " " sq. ft, of t1Q;i)lf lll.'~ll! for thCl proposoo ffifiniwstomgiEl warehoulilq;: \Ws gl'anted by the Monroe County Planning Commission on Jamtlary 11~ 1997, under Resolution No. P2m97: and, c) that both development orders are presently w1id <md in full fome and effi:ct. f 2. A'IJ. 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 rosm.umnt, to relocate an existing sewage treatment. faoility, aud to locate a shared drive\lVlll.Y, waft approve~ with conditions, by the Pb.lnNn~ Director of Monroe County on August 4~ 2000, recorded in OR Book 1654, pages 159I~lS9S; and. b} that this devolopment order is presently valid and in full foree and effect. 3. Notwithsta~dill1g anything in any of the ~velopment orders referred to in paragraphs or 2.. aoove (1m!!. speci.tlcaUy Conditi~n No. 1 in Conditional Use Development Order No. 5.99)t or any other provision of the Comprehensive Plan or Ordinances of Monroe Calmty 9 .110 building permit sltall be denied. to eitber Osborne or Conch Contrada, L.C.. on the baais of Monroe Ccnmty's regulations relating to Ml\p residential raw of growth or the adoption (or lack of adoption) of a nonresidential permit allocation system or its equivalentJ including, but not limited tot the regulations set torth in Monroe County Comprehensive Plan Policies 101.3.1 through 101.3.S, and Monroe County Ordinance No. 032-2001. 4. in acoo~ with. the development oOOeI!'S referred to in paragraph I. above. Monroe County agrees to pl'otess promptly upon submittal Osborne"s application for building permit for constructum of a 35.200 sq. ft. mini-storage warehouse in ROOO Year J2 (Jtdy 14. 2003. through July 13,2(04). 2 ;';:;'d ~~ ~, ew"@' ~~ ~1"Wl.4 wn~-l W~l:~ ~mm~_~I_~ ~"~i" 5, Kn acoorcL-mee with tile dev,slopmell!t order rcfe~d to in paragmph 2~ ahove. Monroe County aiirees to fP!'(K:@$$ prMiptly upon, suhmittaJ. Con.cb ~"trad~'s application for building permit for oonstmctlOl\ of one 1,500 square foot restaurant. to rclordl.te an existing sewage treatment facmty~ and to locate a shared. dll'iveway~ in ROGO Year! I (.July r 4, 2002, t11l.'ougb. July 13~ 2(03). 6. Bxcept as expressly provided hel'ein~ Osborne and Conch Confrada. L.C.. Monroe County and PaskaIik., 'h1l.lVe any claim that each asSft~ed or was aapable of asserting in this cause and each shaH bear its own attorney's fees and costs of this proceeding. In particular, and without limitation, Osborne and Conch Contmda, r..,C., 00 behalf of themselves, their members. benefieiaries and any others claiming by 01.' through tbelil~ waive aU claim~ for damages and oompensa.tio~. for denial of due process and bn,'crsc condemnation (also referred to as regulatory or temporary laking) arising from the County's actions and regulations prior to the date of this Settlement Agreement. 7. The Plaintiffs Osborne and Conch Contmda. L.C. win prepare and submit to the Court a "Notice of Voluntary Dismissal Wi.th Prejudice" of their present claims again~t the Defendants. 8. AU parties acknowledge that this agreement is entered into for the purpose . of settling pendil'18 litigation and docs not constitute an admission or evidence that nny actimls of Monroe CountY or itR employees that Plaintiffs oomplain of were unlawful, unconstitutional or deprived Plaintiffs or any others of any righ.ts 'j " . "'J? };'_.r ./ L . Ii" &.~ tfi.7" id' 1tt( ~ 'ft'. {':., d __ Witness ~ ., \ J. .' . .'. . -.1 ~. 1- ., J \ -l ~ .. '.' . .t., k..... II , . , _..::1. '::.1 .:":-. (Print Name of Witness) Charles Monroe County Dated 0"7..../7.,.. ();J.; 3 E"d 'EZSE saz. ~ ~!'l~":ll>l ~1l~i"L-l WltM-4 WCI<::::j ,fJ::, ~-ml~~ ~ t. ._ lii t>J'~ tIS _ L~' .1~ 1 ~; r- (Print Nam.e of Witness) (\' U C h~tL.h i Li (. JLL'C:-;, . Witness iJ ' (r\U.:J\.ddc., , lC.h~~~._. (Print Name of Witness) :::-'l'~ _ficl: Mark S D Ulmer" Esq. Special OJunse! to Monroe County P'd <..p.... Dated s:~1..2M~ 4 e;;;::;9€ gsz ~ ~'1"':&l ':Il""A"lA It.;ro.l''! IAIWO I . <l:l ~:'.?r.l7_l'l> . r:.- , I ., .' .' '; IN THE CIRCUIT COURT Of THE SlIXTEENTH JUDICIAl CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA - RICHARD M. OSBORNE, as Tll118tee; and CONCH CONTR.ADA~ L.C., a. FUorlda Limited Liability Company ~ Plaintffi7Petitioners. Case No. CA-K-Oi-108 v. MONROE COUNTY, a political subdivision of the State of Florida; and JOSEPH PAS~ in bis official capacity as Building Official~ DefendantlRespondents I ~EQ SETTLEMENT AGREEMENT Plaintiffs RICHARD M. OSBORNE, as Trustee (1l0soomell), and CONCH CONTRADA, L.C., a Florida Limited Liability Company ("Conch Contmda"), and Defendants. MONROE COUNTY. a political subdivision of the State of Florida (nMonroe County"). and JOSEPH P ASKAUK, in his official capacity as Building Official (lIpasksliklf), previously resolved their differences which gave riSe to the abovemstyled action, wherein the parties agreed to settle the matter between them upon the tem:UJ. and conditions recited in the Settlement Agreement dated July 17. 2002, hereinafter "Original Settlement Agreementt atWched hereto as Exhibit ItA'l. 1. The major con4itional use granted to Osborne to construct a. 35,200 square foot mWostOmp warehouse with 84 parking spaces plus 4 handicap spaces during ROGO Year 12, through the Original Settlement Agreement, shall be amended to allow an altemate use eon sisting ofoonmmctiol'l of2S~12() square foot credit union, banking or financial institution office facility requiring 74 parking spaces, plus. 4 handicap paxking spaces during ROOO Year 14. EXHIBIT Ie 2, NONlitbstandin,!i anything in any ofllie development orders referred to irrn the Original Settlement Agreement, or any other pr9vision of the Comprehensive Plan or Ordinances of MOm'oe County, no building permit shall be denied to Osborne on the basis ofMomoe County"s regulatiom :relating to non-residential rate of growth or the adoption (Of lack of adoption) of a nonresidential permit allocation system or its equivalent. including, but not limited to, the regulations set forth in Monroe County Comprehensive Plan P<?licies 101.3.1 through lOL3.S, and Monroe Cotmty Ordimmce No. 032.2001. 3. In accordance with the development orders referred to in paragraph 1 of the original Settlement Agreemen4 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 ROOO Year 1201:' the alternative 25,120 sq. ft. credit union, banking or :limmcial institution office facility in ROGO Year 14 (July 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 and each shall bear its own attorney's fees and costs of this proceeding. In particular, and without limitatiOll\. Osborne, on behalf of itself, their heirs, 5ucee8Son~ beneficiaries and any others claiming by or through them, waive aU claims for damages and compensation fur denial of due process and inverse condeim1ation (also referred to as regulatory or temporary tak.ing) arising from the County's actions and regulations prior to the date of this Amended Settlement Agreement. 5. PIaim.tiffOsbome~ in cooperation with Monroe County, will prepare and submit to the Court pleadings or notice required to addres~ the Amended Settlement Agreement. ~ 6. AU parties acknowledge that the Original Settlement A'greement was entered into tOr 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 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 cUlTently encumbers the property. 'This Hen. 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. 10. Until this Amended Settlement Agreement has been approved by the Court pursuant to p~ph 9 above, the Origimll Settlem.ent Agreement and Judgment previously entered and unmodified shall remain in full force md effect. ATrnST~ ' ,"" DAN1'JY L~ KOLHAGE ... /f{~~.' 0": : -r-: ". " :.-f ...' .~I c CLERK: t, ~~', ;.., .~.,,' . ''4.<;f''- I,', s~1:~~l~ Prmted Name of Witnas BOARD OF COUNTY COMlSSIONERS OF MONROE COUNTY IIr- 1~ ~Sp~~ By: RICHARD. M.. OSBORNE~ a Trnstee By: 41$ A'~"-.IJ/.1-~ " IN THE CmCUIT COURT OF THE SIX'fEBN1'HIODICIAL CIRCUIT IN AND FOR.MONR.OE COUNTY, FLORIDA RICHARD M. OSBORNE, as Trustee; and CONcH tONTRADA, L.C,. a Florida Limited Liability COmpmIy. PIain.tift7Pet.itioners. Cue No, CA-KaOl~108 v. MONROE COUNTY, a political subdivision orthe State ofFiorida; and JOSBPH PASKALIK, in his official capacity as Bu.ilding Official, DefendmntJRespondents I SECOND AMENDED SBTTL~ AOREEMHNT Plaintiffs. RICHARD M. OSBORNE. as 1'rustee ("Osbomeflh and CONCH CONTRAD~ L.C,. a Florida Limited Liability Company (ItConch Contrada.ff), and D~ MONROE COUNTY. a political mbdivision of the State of Florida ("Monroe Coumyll), and JOSEPH P ASKALIK,. 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 conditioos recited in the Settlement Agreement dated July 17, 2002, hereinafter "Original Settlement Agreement,. It attached hereto a.s Exlullit llA ". On March 19,2003, the Board of County Commissioners ofMonroo County approved the Amended Settlement Agreement, hereinafter fI Amended Settlement Agreement" attached hereto as Exhibit "S", The parties agree to amend the (mnended) settlement agreement $. fuUoW$: 1. The Keys Federal Credit Union, as successor in interest: to Osborne, has received through the Amended Settlement ~ Major Conditional Use Approval to EXHIBIT I oomrt'ruct a 25.120 sql!.llare foot credit triO!!!. banking or fmancial imltiWtion ofiice facility req~ 14 parking spaces plus 4 llimdicap parking spaces during ROOO rem> 1$. 2. Notwithstanding ~g in !mY ofilia development orders ~rred to in the Originm or Amended Settlement Agreement, or any other provision ofilie Comprehensive Plan Of Ordimmces ofMooroe County, no building permit shaD be denied to Osborne on the basis of Monroe County's regulations relating to nonm residential rate ~f growth or the adoptian (or lack af adoption) of a nonresidential permit allocation system or its equivalent, including., but not limited to, the regulatkms set fonh in MoD:lt'Oe County Compreherniive Plan Policies 101,3.1 through 101.3.5. and Monroe County Ordinanoe No, 032-2001. 3. in acoordaooewitb. the development. orders ~ to in pamgmpb 1 oftlt0 Original Settlement Agreement, Monroe Coumy agrees to process promptly upon submittal the application fO,1 buiding permit by Osborne or his usigns fur construction of mini-storage warehouse per the OriginaJ Settlement Agreement during ROGO Year J2 or the altemative 25,120 sq. ft. credit union, banking or financial institution office facility in ROOO Yem' 15 (July 14, 2006. through July 13. 2007). 4. Except as expressly provided herein, Osborne and Monroe County and Paskatik, waive any claim thm each. WJserted or was capable of ~g in. this cause and each shall bear its o'1lvn attorneyl s fees and costs of this proceeding. In particular, and without limitation. Osoorne, on beMlf of itself, their heirs, su~m. beneficiaries mnd any others claiming by or through them. waive an claims for damages md compmsmiotll for denW1 of'due pll"iJC%iss, ami DnV€.ilfOO oo:ndenmation (also referred to as regulatory or temporary Ulking).arililllg :from the County's , actions and regulations prior 10 the date of this Amended Settlernant Agreement. s. PlaintiffOsbome, in cooperation with Monroe County, mn prepare.!llld submit to the Court pleadings or notice required to ~ the Amended Settlement Agreement. 6. All parties acknowledge that the Original Settlement Agreement was entered finto 7. for tbe purpose ,of settling pending litigation and that this Amended Settlement Agreement does not constitute an admission or evidence that any adions of Monroe County or its employees that Plaintiffs Complain of were ~ i $ ::: ~ unoonsdtutioml. or deprived Plaintiffs or any ~ers of any rights or ~ ~ .;). f"" ~ Ail other terms of the Original Setdement ~nt dated July 17, 2oi2gfin ;;li!:~g"" !i -'o:x: remain in full force and effect. :<:--1'):.'<' '9 11 G:l _ r- f1"I - This Secoo.d Amended Agreement shall not be valid and binding upon thfparties ~ 8. until approved by the Court and incorporated into an Amended Final Judgment entered by the Comt in these proceedings. 9. UsrtiJ this Second Amended Settlement Agreement bas boon approved by the Court ." _ _'. pursuant to Paragraph 8. above, the Original. Sett1ement Agreement and Judgment ~~-?~O(?';r,.. ~ . ,:. ' ~. "-~t...::;,.. ~."t.r _..__A d ..___.1~=_.3 _1.._1l .. full fa d _A:lI:'.. ...{t:..-. .' '. ;;:.0> ... :.:FF....ll8<Hy lI:;.I.J.l)l;l'GU an uw.tWU.IU'<1U 1:Ill~ remam In rce an ~",ct. ,....,~~., J.-~.~, .,..., ".r '.~ '1-0' :"flJ;:'\' '>t>.. . ,'" . ." - \ ,':. ; '.' $<(, . ;' O:IAGE . ,..'. A...~".;;~~.". -",~:.,~,>- ~ 'a' .' B',' ,.~ Deputy erk SIONERS By: -;'f F rrl o '"T\ o ::u ::0 tTS n <=' f5 ~~Ar~ Slgnature of Witness 1JzIe/~ ft4?t'.s Printed Name ofW'rtness MONROE COUNTY BtJlLDIN"G OFFICIAL By. r;;k0"L -r-2:-,6p-/J . Joseph Paskalik KEYS FEDERAL CREDIT UNION as Successor and Imerest to RICHARD OSBORNE Lo~ BY:~ I. ER JR ~lij.~.e{l!A~BU~ ATTORNEY . IN TIm CIRCUIT COURT OF THE SIXT.SENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA RICHARD M. OSBORNE, as Trustee~ and CONCH.CONTRADA, L.C" a Florida Limited Liability Company. r Plaimi.IDPetitionefS; Case No. CA-K-Ol-108 v. MONROE COUNTY. a. political subdivision of the State ofFtorlda; and JOSEPH P ASKAUK. in bis official capacity as Building Official. DefendantlRespondents I mmD Al\mNDED SETTLEMENT AGREEMENT AS TO CONCH CO~A. L,e, Plaintiff' CONCH CONTRADA, L. C.. a Florida Limite4 LimbiJity Company ("Conch Contradall). and Defendants. MONROE COUNTY, a political subdivision oftne State ofRorida ("Monroe County"). and JOSEPH PASKALIK, in his ofticial capacity as Building OfficUd e'PasbIik"). (collectively, the <1Partieslt), previously resowed their differences which ga.ve rise to the above-styled action, wherein the parties agreed to settle the matter between them upon the terms and conditions recited in paragraphs 2, 3, and 5 in the Settlement Agreement dated July 17, 2002, hereinafter "Original Settlement Agreement," attached hereto as Exhibit" A". The Settlement Agreement was previously amended to provide for a change in the conditional use and to extend the time period fqr bw.ldiog permit application and construction of the approved conditional use, L The pmies agree to ~ the (secood) Amended Settlement ~ as follows: a. Paragrapb S is amended to now read: EXHIBIT j 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 we(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 pennit 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, mbced use, retail and/or office/professional use fuc.i1ity in R060 fear 15 (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 tenn is defined by statute and/or ordinance. 3. Plaintiff Conch Contrada, in cooperation with Monroe County, will prepare and submit to the Court pleadings or notice required to address the Amended Settlement Agreement. Conch Contrada shall pay any costs incurred as a result of filing this Second Amended Settlement Agreement and any associated pleadings or notices with the exception that each party shall bear its own attorney> g 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 actiOlU of Monroe County or its employees that Plaintiffs Complain of were unlawful, unconstitutional or deprived PlaintiffS or any others of any rights or property. 5, ~ All other terms oithe 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 Agreert1ent which was approved by the Board on or about January 19. 2005. especially as it pertains to Conch Contrada, L.e., shan remain in full force and effect. 6. This Amended Agreement shall not be valid and binding upon the parties until approved by the Court and incorporated into a Third Amended Final Judgment entered by the Court in these proceedings. 7. ~ - ~ o - - Unt11 this Third Amended Settlement Agreement bas been approved 1-S.. ~urt~ , ".Y~~%: c::: JTIi -< :z: pursuant to the preceding paragraph, the Original Settlement Agreem~ ~ ~ ~:= ~;::; Judgment previously entered, and any subsequent approved am~~; :.,,'" :;./. r- f'~ !> modifications shall remain in full force and effect. BOARD OF CO MONROE COUNTY BLDG. OFFICIAL Bii~e~ seph askalik. > :JII: '!/ C\l \C ." r= ~ 01 ,., <:) ::u :;0 f"l1 \,.., <::) :;::tJ CJ ;2, ~\.A~~~ . SIgnature of Witness -- Q:.- "- Cindy Sawyer - Printed Name ofVllitness CONCH CONTRAD~ By: 2" ""~ Lib~ Trevor~ /1...r-4..')-.