44-2005-CA-266-KDANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: May 24, 2006
TO: Suzanne Hutton
County Attorney
ATTN. Kathy Peters
Executive Assistant
FROM. Pamela G. Han oc
Deputy Clerk
At the May 16, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Settlement Agreement in Walgreen's Company and
Gadinsky Real Estate, LLC vs. Monroe County vs. Florida Keys Citizens Coalition (Intervenor),
Case No. 44- 2005 -CA- 266 -K.
Enclosed is the original Settlement Agreement for your handling. Should you have any
questions please do not hesitate to contact this office.
cc: Finance
File ✓
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR MONROE COUNTY, FLORIDA
WALGREEN'S COMPANY and
GADINSKY REAL ESTATE, LLC,
Petitioners,
VS.
MONROE COUNTY,
Respondent,
and
FLORIDA KEYS CITIZENS COALITION,
Intervenor.
CASE NO.44- 2005 -CA -266 -K
JUDGE RICHARD G. PAYNE
SETTLEMENT AGREEMENT
THIS AGREEMENT has been entered into between Petitioners, Walgreen's
Company and Gadinsky Real Estate, LLC, and Respondent, County of Monroe, a
governmental entity.
WHEREAS, the parties desire to amicably resolve all issues between them
relating to this litigation, and
WHEREAS, the parties further agree that it is in their best interest to terminate
the litigation so as to avoid further expense and delay by entering into this Agreement.
NOW THEREFORE, in consideration of the mutual promises and
undertakings contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. The Monroe County Growth Management Department shall issue to
Walgreen's Company a Conditional Use Development Order approving the
Major Conditional Use Application filed by Scotty's, Inc., to demolish an
existing Scotty's hardware store on Big Pine Key and construct in its place
a 16,510 square foot Walgreen's pharmacy with drive- through pharmacy
window, with the following conditions:
A. Prior to the issuance of the Certificate of Occupancy, signs shall be
posted on the access driveways from Key Deer Boulevard and US
Highway 1 that limit the access of delivery vehicles only through the
Key Deer Boulevard driveway.
B. Prior to issuance of a building permit, the transplantation plan
must be revised to delete the removal of two threatened Paurotis
Palms.
C. Prior to issuance of a building permit, the surface water
management plan shall be approved by the South Florida Water
Management District.
D. Prior to issuance of a building permit, the Florida Department of
Health or Florida Department of Environmental Protection, as
appropriate, shall approve the Wastewater Treatment System.
E. Prior to issuance of a building permit, a Fire Protection Plan shall
be approved by the Monroe County Fire Marshal.
F. The Keys Energy Services (KEYS) shall determine load requirement
based on the review of a complete set of plans and approval shall be
received prior to the issuance of a building permit.
G. The architectural standards adopted for Big Pine Key shall be
incorporated into the building design in collaboration with and
subject to the approval of the Monroe County Director of Planning.
H. The onsite traffic patterns, including the addition of a perimeter
road and integrated bike path, shall be reconfigured as depicted on
the site plan attached hereto and made a part hereof. To the extent
Monroe County deems it appropriate to do so, all or part of the
perimeter road and /or integrated bike path may be eliminated in
order to accommodate placement of the waste water treatment
facility referred to in subparagraph M below.
I. The property owner shall be prohibited from applying for an
alcoholic beverage permit for a period of two (2) years commencing
from the date of issuance of the Conditional Use Development
Order.
J. The freestanding sign shall be reduced in size so as to be no larger
than the CVS pharmacy freestanding sign.
K. Only native vegetation, as approved by the County Biologist, shall
be utilized in the landscape buffers.
L. Only cutoff lighting shall be utilized and located so as to prevent
spillover on to neighboring residential uses.
M. If desired by Monroe County, the area to the rear of the pharmacy
between the designated employee parking and Northerly property
line may be utilized by Monroe County or its designee to construct a
sewage treatment facility, the construction, operation and
maintenance of which shall be at no cost to Walgreen's. In the
event Monroe County does not elect to construct a sewage
treatment facility on this site, Walgreen's shall plant a buffer, 30-
foot deep, of native vegetation between the Northerly boundary and
the designated employee parking.
2. Upon issuance of the Conditional Use approval, Walgreen's Company shall
be permitted to apply for all necessary building permits for construction of
the Walgreen's pharmacy, consistent with the terms of the Conditional Use
approval. Monroe County Growth Management Department shall process
the application[s] in the normal course and issue the requisite building
permits upon a determination that the application[s] are consistent with
the Conditional Use approval.
3. Upon issuance of the Conditional Use approval, Walgreen's Company shall
file with the Court a Notice of Voluntary Dismissal of this action with
prejudice.
4. The parties shall exchange mutual General Releases in the form
customarily utilized by attorneys in connection with litigation in this
County.
5. Each party shall bear its own attorneys fees and costs in connection with
this litigation. In the event it becomes necessary for either party to
commence legal proceedings to enforce the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorneys fees and costs in
connection with such action.
By entering into this Agreement, the parties are not acknowledging the merits or
lack of merits of these proceedings. Rather, the parties are entering into this Agreement
for the purpose of avoiding further expense and delay inherent in litigation of this
nature.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the J ' day of May 2oo6.
WALGREEN'S COMPANY COUNTY OF MONROE, a
political
subdivision of tlw5tate of Florida
By: B
Keith Miller, Agea4
Atak J sffflo- 144'arr
GADINSKY REAL ESTATE, LLC,
a Florida limited liability company
am
Seth Gadinsky, Managing Member
ONROE rn. >, -
APp ,.
e R.
rANEY
4 =----
Charles "Sbil'ny "McCoy, Mayor
WALGREENS CO. Fax:8473154078 May 15 2006 10:43 PAS
this litigstim In the event it becomes necessary for after party to
commence legal proceedings to enforce the terms of this Agreement, the
prevailing party shall be entided to reasonable attorneys bees and costs to
connection with such action.
By entering into this Agreement, the parties are not actmo oiedging the merits or
lack of merits of these proceedings. Rather, the parties are entering into this Agreement
for the purpose of avoiding further expense and delay inherent m litigation of this
nature.
IN SNT1NEW WHEREOF, the parties hereto have exemftd this Agreement
the / of May 2o06.
WALGREEN'S COMPANY
alley By
Keith M
Rest If+tmc ~yet•
GADDMa REAL WrAM LLC,
a Florida limited liability company
t
- 111
Charles `Sonny" McCoy, Mayor
4
MONROE CO NTYATTO"" �Y
APPRO
R ERT S. S EF
ASSISlt T �otlr �OF
Date 7{