10/20/2010 AgreementDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: October 29, 2010
TO: Mark Rosch, Executive Director
Monroe County Land Authority
FROM: Pamela G. Hanc ck, . C.
At the October 20, 2010 Board of County Commissioner's meeting, the Board granted
approval and authorized execution of an Agreement for Termination of Lot Aggregation
Restrictive Covenant between Martha Hernandez and Monroe County dated January 25, 2007.
Attached is the original document for your handling. Should you have any questions,
please do not hesitate to contact my office.
cc: County Attorney
Finance
File ✓
Prepared By:
Larry R. Erskine
1200 Truman Avenue, Suite 207
Key West, Florida 33040
AGREEMENT FOR TERMINATION OF
LOT AGGREGATION RESTRICTIVE COVENANT
THIS AGREEMENT FOR TERMINATION OF LOT AGGREGATION RESTRICTIVE
COVENANT (hereinafter "Agreement') is entered into on the 2Oc- day of CRC ,
2010, by and between Martha Hernandez, a single woman (hereinafter "Owner") and the
County of Monroe, a political subdivision of the State of Florida (hereinafter "County").
RECITALS
WHEREAS, Owner is the sole owner of Block 5, Lots 8 and 39, Harris Ocean Park
Estates (PB 4-126) identified by Real Estate Numbers 00448600.000000 and 00448910.000000
(hereinafter "Property"); and,
WHEREAS, Owner executed a Lot Aggregation Restrictive Covenant (hereinafter
"Covenant") in favor of the County dated January 25, 2007 and recorded in Book 2273, Page
2225 of the Official Records of Monroe County as a condition of receiving building permit 02-03-
4772 to build one single-family residence on the Property; and,
WHEREAS, Owner received building permit 02-03-4772 but now finds it preferable to
disaggregate said Lots 8 and 39 for sale to separate buyers without any rights to said building
permit rather than building the permitted single-family residence; and,
WHEREAS, Owner has entered into an agreement to sell Lot 39 to the Monroe County
Comprehensive Plan Land Authority with said transaction being contingent upon termination of
the Covenant.
NOW, THEREFORE, in consideration of the foregoing promises and the mutual
covenants set forth in this Agreement, and other good and valuable consideration, "tie receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows.-
1 . The recitals contained herein are true and correct and incorporated herein by
reference.
2. Each party hereto warrants that this Agreement and all terms herein are
supported by adequate consideration.
3. The County expressly agrees herein to release, cancel, and terminate of record
the Covenant effective upon the execution and recording of this Agreement in the Official
Records of Monroe County. In consideration of the foregoing, the Owner expressly agrees
herein that building permit 02-03-4772 shall be canceled, terminated, and of no further force and
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effect upon the execution and recording of this Agreement in the Official Records of Monroe
County.
4. This Agreement constitutes the entire agreement of the parties and may not be
amended or modified, except in writing signed by both parties.
5. This Agreement shall be binding on and inure to the benefit of the parties and
their respective successors, assignees and personal representatives and shall run with the land.
6. This Agreement shall be governed in its enforcement, construction and
interpretation by the laws of the State of Florida.
7. The unenforceability, for any reason, of any term, condition, covenant or
m of this Agreement shall neither limit nor impair the operation, enforceability or validity
bier terms, conditions, provisions or covenants of this Agreement.
SS WHEREOF, the parties have affixed their hands and seals the date first
KOLHAGE, CLERK
Title: Deputy Clerk
STATE OF FLORIDA
COUNTY OF MONROE
COUNTY QF4AGLNROE
B
os Syl a J. Mu r ayor/ hairy
M roe Cou Board of County
rs
On this 214 day of , 2010, before me personally appeared Sylvia J.
Murphy, as Mayor/Chairman of the Monroe County Board of County Commissioners, who is
personally known to me and
who acknowledged execution of the foregoing instrument.
_r POCK
AMELA
COMMISSION NC 9412
A= EXPIRES: February 7, 2012
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Notary Public (Signature)
Notary Public (Print Name)
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STATE OF FLORIDA
COUNTY OF '�&n k ,(4,ejQ
On thisd5�?/day of , 2010, before me personally appeared Martha
Hernandez, who is personallyS
own td me or produced,'L eft aowea a s proof of
identification and who acknowledged execution of tlje fo omg i ume,�►(t.
�.........JENNIFER .. ..ARTE......� .�
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