2nd Amendment 05/16/2006 (Osborne)
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 22, 2006
TO:
Suzanne Hutton
County Attorney
ATTN:
FROM:
Kathy Peters
Executive Assistant
Pamela G. Hanc~
Deputy Clerk
At the May 16, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Second (Osborne) and Third (Conch Contrada) Amended
Settlement Agreements in Richard M. Osborne & Conch Contrada LC v. Monroe County & Joe
Paskalik, CA K 01-108.
Enclosed are two duplicate originals of the above-mentioned 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 IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
PlaintifflPetitioners,
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,
DefendantlRespondents
/
SECOND AMENDED SETTLEMENT AGREEMENT
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
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 conditions recited in the Settlement Agreement dated
July 17, 2002, hereinafter "Original Settlement Agreement," attached hereto as Exhibit "A". On
March 19, 2003, the Board of County Commissioners of Monroe County approved the Amended
Settlement Agreement, hereinafter "Amended Settlement Agreement" attached hereto as Exhibit
liB".
The parties agree to amend the (amended) settlement agreement as follows:
1. The Keys Federal Credit Union, as successor in interest to Osborne, 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 15.
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 of Monroe County, no building permit shall 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 101.3.1
through 101.3.5, and Monroe County Ordinance No. 032-2001.
3. In accordance with the development orders referred to in paragraph I of the
Original Settlement Agreement, Monroe County agrees to process promptly upon
submittal the application for building permit by Osborne or his assigns for
construction 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 this cause and
each shall bear its own attorney's fees and costs ofthis 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 Monroe 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 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
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Monroe County or its employees that Plaintiffs Complain of were unl~l~ ~
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unconstitutional or deprived Plaintiffs or any others of any rights or pr~~ ~
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All other terms of the Original Settlement Agreement dated July 17, 20,!~~1l ~
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remain in full force and effect. :,-(,...,~; \D
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This Second Amended Agreement shall not be valid and binding upon the parties
8.
until approved by the Court and incorporated into an Amended Final Judgment
entered by the Court in these proceedings.
9. Until this Second Amended Settlement Agreement has been approved by the Court
pursuant to Paragraph 8 above, the Original Settlement Agreement and Judgment
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:~ . {~G$ previously entered and umnodified shall remain in full force and effect.
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Deputy Cferk
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BOARD OF COUNTY
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MONROE COUNTY BUILDING OFFICIAL
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By: ~/ (;!t/C? ~~/~?ZL/" \L
, . Joseph Paskahk
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SIgnature of WItness
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Printed Name of Witness
KEYS FEDERAL CREDIT UNION as
Successor and Interest to RICHARD OSBORNE
By JPlr
MONR E COUNTY ATTORNEY
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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.e., a
Florida Limited Liability Company,
Plaintiffs/ Petitioners.
Case No. CAK-OI-I08
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MONROE COUNTY, a political
subdivision ofthe State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
Defendant! Respondents.
SETTLEMENT AGREEMENT
Plaintiffs RICHARD M. OSBORNE, as Trustee ("Osborne"). and CONCH
CONTRADA. I..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
Ollicial ("Paskalik"), having amicably resolved their differences which gave risc to this
a.:tiol1, hereby Oigrec 10 seute this matter between them upon the following terms and
conditions:
I. As to Oshorne, Monroe COW1ty agrees: a) that a Major Conditional Use to
construct a 35,200 sq. ft. mini-storage warehouse has been approved, with conditions, by
Monroe County Plluming Commission on January 27, 1997, undcr Resolution No. 1'3.97.
recorded at O. R. Book 1446, pagcs 2205 - 2207; b) that a variance with regard to off-
street parking, reducing the number o['required parking spaces from 3.0 to 2.5 per 1,000
EXHIBIT
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sq. n. of tloor area for the proposed mini-storage warehouse was granted by the Monroe
County Planning Commission on January 17, 1997, under Resolution No. P2.!)7; and, c)
that both development orders are presently valid and in full force 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, was 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. I 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 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. 032-2001.
4. In accordance with the development orders referred to in paragraph l.
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 12 (July 14,2003, through July 13, 2004).
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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 of one 7,500 square foot restaurant, to
relocate an existing sewage treatment facility, and to locate a shared driveway, in ROGO
Year II (July 14,2002, 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 own attorney's fees and eost~ of this
proceeding. In particular, and without limitation, Osborne and Conch Contrada, L.e., on
behalf of themselves, their members, 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 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 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,
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unconstitutional or deprived Plaintiffs or any others of any rights 0
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Charles' onny"
Monroe County
Dated 07-/7~()~
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APPr~~ sufficiency
By:
Mark S. Ulmer, Esq.
Special Cbunsel to Monroe County
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[,Josepli Paskalik, as Building Official
For Monroe County
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Riehar . Os me, ustee,
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Conch q ;tada, L..C.
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IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL
CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA
RICHARD M. OSBORNE, as Trustee;
and CONCH CONTRADA, L.C., a
Florida Limited Liability Company,
Plaintiff/Petitioners,
Case No. CA-K-01-108
v.
MONROE COUNTY, a political
subdivision of the State of Florida;
and JOSEPH P ASKALIK, in his official
capacity as Building Official,
Defendant/Respondents
/
AMENDED SETTLEMENT AGREEMENT
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 them upon the terms and conditions recited in the Settlement
Agreement dated July 17, 2002, hereinafter "Original Settlement Agreement," attached hereto as
Exhibit "A".
I. 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 con sisting of construction of25,120 square foot credit
union, banking or financial institution office facility requiring 74 parking spaces,
plus 4 handicap parking spaces during ROGO Year 14.
EXHIBIT
IK
2. Notwithstanding 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 Monroe County's regulations relating to non-residential
rate of growth or the adoption (or lack of adoption) of it nonresidential permit
allocation system or its equivalent, including, but not limited to, the regulations
set forth in Monroe County Comprehensive Plan Policies 101.3. I through
101.3.5, and Monroe County Ordinance No. 032-2001.
3. In accordance with the development orders referred to in paragraph I of the
original Settlement Agreement, Monroe County agrees to process promptly upon
submittal the application for building permit by Osborne or his assigns for
construction of mini-storage warehouse per the Original Settlement Agreement
during RaGa Year 12 or the alternative 25,120 sq. ft. credit union, banking or
financial institution office facility in RaGa Year 14 (July 14,2005, through July
13, 2006).
4. Except as expressly provided herein, Osborne and Monroe County and PaskaIik,
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 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 Monroe 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'greement 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 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
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 paragraph 9 above, the Original Settlement Agreement and Judgment
previously entered and unmodified shall remain in full force and effect.
ATTEST:
DANNY L. K.oL~GE
CLERK:
By: 0..
Deputy Clerk
Dated ()3 ~ 19 -" 1
Signature of Wit ss ~W $kl "
Printed Name of Witness ~
B.oARD ,OF C.oUNTY C.oMISSIONERS
,OF M.oNR.oE COUNTY
By: ~1~~- TJJ ~A~
Dixie Spe r, Mayor
By:
RICHARD. M. .oSB.oRNE~ Trustee
By: 12 ..Jt:21~/~ -...
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