08/21/2002 Easement
AGREEMENT FOR THE PURCHASE OF CONSERVATION EASEMENT
THIS AGREEMENT is made.1'1d entered Into ttli$ /":? day of IL~ ik j t .2002, is by
and betWeen
Largo Sound Vlllaa_, tncorpoRted, . Florida non profit co,poretlon
he,..,nott.r atylA tl'lt Seller(IS). for themselves, their hAil'l, 8)(ecutors, Idm;nilfmora, IUOr.eI..Ol'l and
aellgn', and MONROE COUNlY (hereinafter, "County ") Ictlng ~ and through the Chairman/Mayor
of the MONROE COUNTY BOA~D OF COUNTY COMMISS'ON~RS.
WITNESSETH:
1. In conaideflltion of Ten Oollara ($10.00) In hand, paid I)y the COUNiV, the receipt 01 which II
hereby IICknowledgod. tn. S.n.r(l) agree to .8n to the COUNTY the conlelVation euement
identified In Attachmem A. (hereinafter "Conservation ea.amente) upon the term$ and coM.lltlcml
hentinlfter 8et forth, and for the price of $11,000.00. on I.nd. owned by them, situate and Iving in
the Countv of M~roe, State of Florido) more pertleular1y d..crlbed IS fOllOWS; to-wit;
Block S, Lot 7, Largo Sound Vllaa. .ubdlvlalon (PI 4-02)
ReI 00414750-000000
2. The Se.er(s) agree that thev have full l'igl'lt. power and authority to convey, and that they will
convey to tne COUNTY the Conaervltion Esternent togBthar with legal and practioal acce..
thereto clear, free and unencumbered, except IUbject to the following e.sements or re8ervatlons:
Existing e..menta of public rttCOfd for canals, ditches, flumes, pipelines, relll'rJldt. pubftc
hlghw.~t end roads, tel.~on., telegl'llph, pow,r tranamlsslo,", IIn88 and public utilit..
The COUNTY, at the COUNTY'S expense, within the time ,lIowed to denv.r evidenco of tltle ond
to examine same, may have the ,...1 pro~rty lurveyed and certified by a reglstored Florida
$urv.yor. If tne 'UNey dllcloeee .norcachmentt on the real property or that !l'l'Iprovement.
locatecl thereon encroach on sttbeek line., ...ernent.. I.nds of others. or violate any t8$ttlctiont.
contract covenantl. or 8pp'lG8ble 90'11ernmental regulation., the same shall constitute a title defeCt.
s'lItr(.) WaI'ftlM' that ttley poese&tI rMr1<etable tlt1e subject only to the ~or..-nentioned IteM.
enoumbrances, .xceptlons or qual1l1cetlon set forth herein, Merlt.teble title ahall be deten'nined
according to applicable tItle standards adopted by authority of the Florida Bar and In aec0rd8nce
with law. The COUNTY shell have ,hcty (60) day! from receipt of an acceptable envlronmenta'
lite ......m.nt In which to ')(8mlne title. If title i, fC)und defective, ttle COUNTY sh.lI, wtthln this
specified time period. notify Seller(s) in writing specifying defeQt{l) , If the defect(s:. rw"der title
unmarketablQ the S.II.r(s) will have one hundred twenty (120) days from MCelpt d notice within
whioh to remove the defect(s), failing which ttl. COUNTY shall have the option of either accepting
the title as It then I. or rescinding the contract herein; thereupon the COUNTY And the Sel.r(s)
shall release one another of en further obligations under this Agreement. Th. 6eller(s) will, if title
Ie found unmar1<etable, u.e diligent effort to eorreot defeet(l) in title within the time provided
therefore, including the bri"gln; of nece$!5ary suits.
3. The 5el1er(S) furtMr agree not to do, or luffer othere to do, any lid by which the va:ue or title to
said lands may be diminished or encumbered. It Is furtM' IgrHd that any 1081 or damage
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o~g prior to 1M vesttng of ..tilfactory titte in the COUNTY by rellOn. of the unautl'1orized
'LlttIn~ or remoVlI of product. therefrom, or bac:au8e of 11.... ,hall be born. by the 601l.r(I)' and
that, In the ."ent any ouch Ioat or d.m~ge occurs. the COUNTY may refu... without lIabll~Y, to
eccept conveyance of said landa, or It may elect to accept conveyance upon .,.. equlUlbfe
f1djuatment of the purcna.. prtce.
4. The S~ler($) further agree that during Ihe pel'iocl covered by this inatrument officers and
accredIted agent. of the COUNTY shall have at all proper times !tit unr8ltricted right Il'ld privilege
to enter upon said I.,ds for elf p~r and lawful purpoSe8, including examination of said land.
and the resource. upon them. The SeUer(s) h....by WAive their right. to any Ind all claims agllnlt
the COUNTY Issoeilltad with, or arising from ownership ef, lafd lands 8l'1d thit waiVer ,h811
survive closing.
5. The Seller(s) will e~eeute and deHver upon demand of the proper ofnelall and 19anta of the
COUNTY the Coneervation Easement oonveying to the COUNTY a lafe title to the 'hid '''''de of
such chll'8Ctet a8 to be satisfactory to the legel counsel of tM COUNTY and said deed shan
provide that tho use, occupation and operation.of the righle-of-way. eaeemente and reaeIVatio".
retained therein, thall be lubordlnlb!l to and subject to sue" rule. And regulations II may be
preectibCld by the COUNTY gover.,in; the use, occupation, proteotion end adminlltration of l.ndt.
6. In conslderatlon lNhereof the COUNTY agrees that it will purchase the Conservation Easement 8t
tl'le price of $18,000.00. The COUNTY further agreea tt,.t. after the preparatiQn, execution.
delivery and record.tion of the easement, at'td after the legal counsel of the COUNTY shall have
approved the title thus vested ;1'1 the COUNTY, it wtll cause to be paid to the Seller(a) the pl,ll"chsee
"rice by a check df1lWn en the account of the COUNTY. Tl\e COUNTY shell pay tl'1e follOWing
ecponses ..soclated with the conveyance of the proporty: deed recording fees, settlement fees.
IlbetrBCt fe.,a, title .~.minatlon f.... the B\.ly..... attorney's fees. and title in.u....,..c.. T"'. Seller($)
than pay the expenses of documentary stamps to be afft)(ed to the Con'.Nation Ea..ement IInd
the removal of trash and debri. from the property, If er'lY. The Conservation Eatlement Interest
shin pass to the COUNTY IS of the dete payment it made to the 8ell.r(lI) lIubjeQt only to the
reeervltiOne ...ted in Section 2 above.
7. It i. mutually agreed that an abstract, title Insurance policy or other evidence of title to the property
herein contracted to be ,old, sati.factory to the legal counsel of t1,. COUNTY wHI be I)btlllned by
the COUNTY It its ,)Cpense. The Seller($) exprellly agree herein to furnish to the COUNTY any
dOCl.l'nent8 in S8I1et'&)'1 pos.esslon ..tabliahlng evidence 0' title Ineludi'lg, but nol limited to,
abstract&, titte commitments. title poIici.. and Opinion. of title.
8. It i. mutualy underttood and agreed that tne COUNTY may 8$$ign thill contnact.
9. It ia mutuallV underatood and agreed that notice of acceptance of this agreement shall be gIven to
the Seller(l) by mall flddles.eel to the Seller(s) at ~I'I. following .ddrell.~
PO lOll 2011
Key Largo, FL 33031
Phon.: 883..2144
.I'\d shall be effective upon date of malting and .hall be binding upon all of th8 SeIlElr(8) wtthout
.e"cling a separate notIce to each. except .. such obligation may be affected by the ~lrovlsionl of
paragr'8ph e hereof.
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10. The property ehall be d~IM~red at closing free of any tenant or oceupel'\eY what.AMV8f.
11. ,he effective date of this agreement shsll be that d.te w~en the la,t one of the SeUer(8) and the
COUNTY h.. signed this agreement.
12. If the SeI1er(s) wish to proceed with this transaction, the 8,I\er(8) have until Augult 18, 2002 to
aign end return ~i$ agreement to ~e COUNTY.
IN WITNESS WHEREOF, the Seller(s} h8"e hereunto signed trn.lr n&mee and affhcQ(f thGir l'8.pectlve
5e," on the day first above written, with the unde~tandlng that thla Agreement far Purchase cannot
be el<ecuted by the COUNTY until after it is reported to It for its c;c)f'lslderatjon. and therefore the
Seller(.) for and in OOr'lAlderatlon of the Ten Oollars ($10.00) hereinabove acknowledge as received,
have and do hereby grant unto the COUNTY or ita aulhorilQd representative, or any other offlce or
.gent of the COUNTY Authorized to purchase laid lands, the option end right to enter Into this
Agree1"lGnt for Purchase wltt'lln eh(ty (80) daya from the execution thereof by the Seller{t), and to
purchase said lands a6 herein provided.
Largo Sound Vlnag., Incorporawd
Sellerl
+... /3 - .2002
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through its
CHAIRMANIMA VOR, has executed thit agreement on behalf of MONROE COUNTY this 21 s t da~
of August ,2002. - ,
A~S.:t~ ..,.
,.~~ L" tt:QLHAGE. CLERK
MONROE COUNTY
rman/Mayor
of County Commissioners
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ATIACHMENT A
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this day of , 2002, by
Largo Sound Village, Incorporated, a Florida non profit corporation whose address is PO Box
2017, Key Largo, Florida 33037, as Grantor, to Monroe County, a political subdivision of the
State of Florida, whose address is 500 Whitehead Street, Key West, Florida 33040, as Grantee.
Recitals
A) The Grantor is the owner of certain real property (the servient estate) located in Monroe
County, Florida, more particularly described as Block 5, Lot 7, Largo Sound Village
Subdivision, according to the plat thereof as recorded in Plat Book 4, Page 92 of the Public
Records of Monroe County, Florida.
B) This easement is a conservation easement created pursuant to Section 704.06, Florida
Statutes, and is to be governed by, construed, and enforced in accordance with that statute
along with applicable laws of the State of Florida.
1. Grant of easement.
In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and
valuable considerations to said Grantor in hand paid by said Grantee, the receipt of
which is hereby acknowledged, the Grantor hereby grants to Grantee the easement
described below.
2. Easement area.
The location of the easement area on the servient estate is as follows: all of Block 5, Lot
7, Largo Sound Village Subdivision, according to the plat thereof as recorded in Plat
Book 4, Page 92 of the Public Records of Monroe County, Florida.
3. Restraints imposed by the conservation easement.
The conservation easement granted by this instrument imposes the following restrictions
on the future use of the servient estate within the easement area:
a) No construction of dwelling units or other enclosures. For the purpose of this
conservation easement, dwelling unit shall be defined as a self-sufficient room or
combination of rooms designed for or used as a residence by a single housekeeping
unit.
b) No transfer of development rights to or from the easement area.
c) No suffering, permitting, or allowing invasive exotic species such as Australian pine
(spp. Casuarina) or Brazilian pepper (Schinus terebinthifolius) to exist.
4. Terms and persons bound.
This conservation easement is perpetual, runs with the land and is binding on all present
and subsequent owners and mortgagees of the servient estate. Grantor represents that
the mortgagee(s), if any, whose consent is attached hereto, is (are) the only
mortgagee(s) having a security interest in the servient estate.
5. Modification of easement.
No modification of this easement is binding unless evidenced in writing and signed by an
authorized representative of the Grantee.
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6. Attorney's fees.
I n the event of any controversy, claim or dispute arising under this instrument, the
prevailing party shall be entitled to recover reasonable attorney's fees and costs,
including appeals.
7. Entry of Grantee's representative on the servient estate.
The Grantee may enter upon the servient estate, after first furnishing the Grantor no less
than 24 hours notice, for the purpose of inspection to determine the Grantor's
compliance with this Grant of Easement.
8. Notice.
Any notice provided for or concerning this grant of easement must be in writing and is
sufficiently given when sent by certified or registered mail, or via an equivalent service
furnished by a private carrier, to the respective address of each party as set forth at the
beginning of this Grant of Easement.
IN WITNESS WHEREOF, each party to this Grant of Easement has caused it to be executed on
the date in the first sentence of this Grant of Easement.
Largo Sound Village, Incorporated
By: Johnny T. DeBrule, President
Witness Signature
Printed Signature
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this _ day of , 2002, before me, an
officer duly qualified to take acknowledgments, personally appeared Johnny T. DeBrule, to me
known to be the person described in and who executed the foregoing instrument and
acknowledged before me that he executed the same. Driver's Licenses shown as identification
or personally known.
Notary Signature
SEAL
Printed Notary Signature
My Commission Expires:
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ADDENDUM TO AGREEMENT FOR THE PURCHASE OF CONSERVATION EASEMENT
This Addendum shall be made a part of the Agreement for the Purchase of Conservation Easement
on lands described as Block 5, Lot 7, Largo Sound Village subdivision (PB 4-92) by and between
Largo Sound Village, Incorporated, a Florida non profit corporation and Monroe County.
1. This transaction is contingent upon the Mortgagee subordinating at closing Mortgagee's imc:(c~, ...
that certain mortgage dated August 6, 2002 and recorded August 7, 2002 in OR Book 1805 at
Page 1701 in the public records of Monroe County, Florida by and between Largo Sound Village,
Incorporated, a Florida non-profit corporation as Mortgagor and Johnny T. DeBruJe and Gail
DeBrule (husband and wife) as Mortgagees.
2. All notice to Seller(s) shall be given by certified mail.
3. Expenses to be paid by the County shall also include the expense of an environmental site
assessment if desired andlor required by the County.
Largo Sound Village. Incorporated
Sellerl
AU~J-'~~ \ C...o
.I 2002
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through its
9};:f~JgMAN/MAYOR, has executed this agreement on behalf of MONROE COUNTY this 21st aay
'?"C1o)'; J iiA.~'t s t 2002
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, ~:'i~;;' k8LHAGE, CLERK MONROE COUNTY
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Charles McCo~ Chairman/Mayor
Monroe Count Board of County Commissioners
GO'd vOO'ON IS:OG
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