2nd Amendment 01/19/2005 (Conch Contrada)
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 1, 2005
TO:
Richard Collins
County Attorney
ATTN:
Kathy Peters
Executive Assistant
Pamela G. Hanc~
Deputy Clerk
FROM:
At the January 19, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Second Amended Settlement Agreement in Richard M.
Osborne, Trustee and Conch Contrada L.C. v. Monroe County and Joseph Paskalik, case no. CA
K 01-108.
Enclosed is the original Settlement Agreement for your handling. Should you have any
questions please do not hesitate to contact this office.
cc: County Administrator wlo document
Finance
File /
IN THE CIRCUIT COURT OF THE SIXTEENTH mDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
P laintiff/Peti tioners,
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
/
STIPULATED MOTION FOR ORDER
APPROVING SECOND AMENDED SETTLEMENT AGREEMENT AS TO CONCH
CONTRADA. L.C.
COME NOW the parties to the above-styled cause, who by undersigned counselor in tlieir
official capacity stipulate and agree to resolution of all matters stated in the Second Amended
Settlement Agreement as to Conch Contrada, L.C. and move this Court to approve the Second
Amended Settlement Agreement as to Conch Contract, L.C., attached hereto as Exhibit I.
Respectfully submitted
BOARD OF COUNTY COMMISSIONERS
By: W !?J ~h.w
Dixi S ehar, Mayor
CONCH CONTRADA, LC
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Adele V. Stones
221 Simonton Street
Key West, FL 33040
Telephone: (305) 294-0252
Facsimile: (305) 292-5442
FBN: 331880
MONROE COUNTY BUILDING OFFICIAL
By:~,Q.ddL
J eph Paskahk
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,
Plaintiffi'Peti tioners,
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,
DefendantJRespondents
/
SECOND 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 ofthe 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 paragraphs 2,3, and 5 in the Settlement Agreement dated July 17,
2002, hereinafter "Original Settlement Agreement," attached hereto as Exhibit "A".
1. The parties agree to amend the (first) Amended Settlement Agreement as follows:
a. Paragraph 5 is amended to now read:
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 ofthe 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 construciton 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 RaGa Year 13
or 14 (July 14,2005 - July 13,2006).
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 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'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
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 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, especially as it pertains to Conch Contrada, L.C., shall 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 Second Amended Final Judgment
entered by the Court in these proceedings.
7. Until this Second 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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})~ L.'ItOtHAGE
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Dated: January 19. 2005
BOARD OF COUNTY COMMISSIONERS
~G )); 'ifAak
Di i Spehar, Mayo of
Monroe County
MONROE COUNTY BLDG. OFFICIAL
BY~~
eph askalik
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Signature of Witl1eSs '
CONCH CONTRADA, LC
By: d:r.<~ -r;; V ,,-,I)
LiD revor
GMu ~\J..~
Printed Name of Witness
EXHIBIT "A"
IN THE CIRCUIT COURT OF TIlE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M, OSBORNE, as Trustee;
and CONCH CONTRADA, L.c., a
Florida Limited Liability Company,
Plai Ilti ffs/ Petitioners,
Case No. CAK-Ol-108
v.
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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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SETTLEMENT AGREEMENT
PlainliH-S 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 PASKALlK, in his official capacity as Building
Otlieial ("Paskalik"), having amicably resolved their differences which gave risc to this
a~tion, hereby &grec 10 seHle this matter between them upon the following terms and
conditions:
I. As to Oshorne, Monroe Cowlty agrees; a) that a Major Conditional Use to
construct a 35,200 sq. ft. mini-storage warehouse has been approved, with conditions, by
Monroe Counly Platming Commission on January 27, 1997, under Resolution No. P3-97,
recorded at 0 R. Book 1446, pages 2205 - 2207; b) thaI a variance with regard to off-
street parking, reducing the number of required parking spaces from 3.0 to 2.5 per 1,000
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sq, ft, or floor area for the proposed mini~storage warehouse was granted by the Monroe
County Planning Commission on January 17, 1997, wlder Resolution No. P2-97: and, c)
that both development orders are presently valid and in full10rce and effect.
2. As to Conch;Contrada, L.e., 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, wa~ approved, with conditions, by the Planning Director of Monroe County on
August 4, 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. Notwithstanding anything in any of the development orders referred to in
paragraphs or 2, above (and, specifically Condition No. 1 in Conditional Use
Development Order No. 5-99), 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 County's regulations relating to non-
residential rate of gfO'wth 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. 032-2001.
4. In accordance with the development orders referred to in paragraph J,
above, Monroe County agrees to process promptly upon submittal Osborne's application
for building permit for construction of a 35,200 sq. ft. mini-storage warehouse in ROGO
Year J2 (July 14,2003, through July 13,20(4).
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5. In accordance with the development order referred to in paragraph 2,
ahove, Monroe County agrees to process promptly upon submittal Conch Contrada's
application for building permit for construction (If one 7,500 square foot restaurant, to
relocate an existing sewage treatment facility, and to locate a shared driveway, in ROGO
Year 11 (July J 4,2002, through July 13,2003).
6. Except as expressly provided herein, Osborne and Conch Contrada, L.e.,
Monroe County and Paskalik, waive any claim that each asserted or was capable of
asserting in this cause and each shall bear its O"n 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 cJaiming 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 Settlement Agreement.
7, The Plaintiffs Osborne and Conch Contrada, L.e. will prepare and submit
to the Court a "Notice of Voluntary Dismissal With Prejudice" of their present claims
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 0
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Charles" onny" 'cCny, Mayor of
Monroe County
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'::Joseph PaskaJik, as Building Official
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Mark s. Ulmer, Esq.
Special Counsel to !\ot:)nroe County
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