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Item G1 G.1 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting March 22, 2023 Agenda Item Number: G.1 Agenda Item Summary #11745 BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land Management TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180 9:15 A.M. AGENDA ITEM WORDING: Approval of a contract to purchase a less than fee interest in Block 30, Lots 6, 7, and 8, Sands on Big Pine Key near mile marker 31 from Ronald E. Garwood, Jr. for density reduction purposes for the price of$22,500. ITEM BACKGROUND: This acquisition is proposed pursuant to BOCC Resolution 128-2022 (the Less Than Fee Acquisition Program) to protect property rights, to reduce density, and to reduce the County's potential liability for takings suits. The subject property is a 15,000 square foot site at 31265 Avenue D on the bay side of Big Pine Key near mile marker 31 and is developed with two dwelling units. Lots 6 and 7 are developed with a mobile home and a cottage. Lot 6 is also fenced and being used to store a trailered boat. Lot 8 is a mowed lot that is being used to store two utility trailers and a boat trailer. The less than fee interest being purchased by the County will combine the site into a single Unified Parcel and will: • Limit the total density of the Unified Parcel to two residential dwelling units • Retire all other density and prohibit the transfer of density off site • Prohibit new accessory structures providing habitat space • Not prohibit accessory uses and non-habitable accessory structures • Not prohibit additions to the two lawfully established existing residential units The Seller has executed the attached purchase agreement requiring a restrictive covenant to be recorded in the public records imposing the above restrictions. The purchase price for the less than fee interest is $22,500. Since there is no separate market land value listed for Lot 8 on the Monroe County Property Appraiser's website, this purchase price is based on the $22,500 current market land value listed for a comparable lot in the subdivision at 31334 Avenue D (Block 24, Lot 14). The estimated closing costs for this transaction will be approximately $1,250. PREVIOUS RELEVANT BOCC ACTION: The Board established and modified the Less Than Packet Pg. 2229 G.1 Fee program though the adoption of Resolutions 175-2018, 438-2018, and 063-2020. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: MCPA Record Card - Subject Property MCPA Aerial - Subject Property MCPA Record Card - Comparable Property Purchase Agreement with Exhibit A Restrictive Covenant FINANCIAL IMPACT: Effective Date: March 22, 2023 Expiration Date: None Total Dollar Value of Contract: $22,500.00 plus estimated closing costs of$1,250.00 Total Cost to County: $23,750.00 Current Year Portion: $23,750.00 Budgeted: Yes Source of Funds: 316 Land Acquisition Fund. CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: N/A Additional Details: $22,500.00 plus closing costs estimated to be approximately $1,250.00 03/22/23 NEW COST CENTER ADDED $23,750.00 REVIEWED BY: Mark Rosch Completed 03/03/2023 3:48 PM Cynthia Guerra Completed 03/03/2023 4:07 PM Christine Hurley Completed 03/06/2023 9:02 AM Purchasing Completed 03/06/2023 9:08 AM Bob Shillinger Completed 03/06/2023 4:27 PM Budget and Finance Completed 03/07/2023 8:03 AM Risk Management Completed 03/07/2023 9:22 AM Lindsey Ballard Completed 03/07/2023 9:46 AM Packet Pg. 2230 G.1 Board of County Commissioners Pending 03/22/2023 9:00 AM Packet Pg. 2231 3/3/23,2:56 PM gPublic.net-Monroe County,FL-Report:00303910-000000 ,, it . f' Monroe County, FL Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure ajustvaluation for ad valorem tax purposes of all property within the County.The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data U- provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. U) By continuing into this site you assert that you have read and agree to the above statement. Summary l �, 1D/////// //11l 11 11111 iifff» 0 Parcel ID 00303910-000000 Account# 1375969 Property ID 1375969 MillageGroup 100H „ Location 31265AVENUE D,BIG PINE KEY Address ) Legal BK30 LTS 6,7,AND 8SANDSSUB PBI-65 BIG PINE KEY e Description OR387-905 OR1395-31/32EST OR1759-2081 OR2079- 1822/23 OR2661-1724D/C OR3020-822 OR3068-1459 t �� ,, �- QII"Jc tea IINot to be used on IIaMguall docuuuiuents.) CL Neighborhood 549 .25 Property Class MU LTI-FAMI LY DUPLEX(0802) Subdivision SANDSSUBD ggj Sec/Twp/Rng 25/66/29 Affordable No Housing ff06 Owner M GARWOOD JR RONALD E 31265 Avenue D Big Pine Key FL 33043 Valuation 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values + Market Improvement Value $78,290 $66,111 $66,613 $68,619 cy + Market MiscValue $7,616 $7,847 $8,081 $8,313 2 + Market Land Value $151,475 $116,325 $112,975 $112,975 = Just Market Value $237,381 $190,283 $187,669 $189,907 = Total Assessed Value $195,991 $190,283 $187,669 $172,590 School Exempt Value ($25,000) ($25,000) $0 ($25,500) I O School Taxable Value $170,991 $165,283 $187,669 $147,131 CL Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2021 $116,325 $66,111 $7,847 $190,283 $190,283 $25,000 $165,283 $0 a 2020 $112,975 $66,613 $8,081 $187,669 $187,669 $0 $187,669 $0 2019 $112,975 $68,619 $8,313 $189,907 $172,590 $25,500 $147,131 $17,276 M U 2018 $118,050 $45,928 $8,544 $172,522 $165,121 $25,500 $139,621 $7,401 O FIlaaM llAaauinnii,a nn 111uau°taal13111111ty us an est inaatur only and sllmuullr,I not be ii enplane uup oiim as the ac uirrall pjau°taallAfty annoiiaiintt Contact oiuiii office to veiilify the ac uirrall pjuuu°t allpiilfty annoiiaiint, Land Land Use Number of Units Unit Type Frontage Depth CL MULTI RES DRY(080D) 10,000.00 Square Foot 100 100 MOBILE HOME DRY UNPERMITTED(02DM) 5,000.00 Square Foot 50 100 ; Buildings Building ID 15843 Exterior Walls METAUALUM U Style MANUFACTURED HOME Year Built 1966 ° Building Type S.F.R.-M1/M1 EffectiveYearBuilt 1996 Gross Sq Ft 629 Foundation CONC BLOCK Finished SgFt 629 Roof Type FLATORSHED Stories 1Floor Roof Coverage METAL Condition AVERAGE Flooring Type PLYWD/PR BD Perimeter 128 Heating Type NONEwithO%NONE Functiona I Obs 0 Bedrooms 2 https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayeriD=9946&PageTypelD=4&PagelD=7635&Q=l202374971&Keyv Packet Pg. 2232 3/3/23,2:56 PM gPublic.net-Monroe County,FL-Report:00303910-000000 Economic Obs 0 Full Bathrooms 1 Depreciation% 56.1 Half Bathrooms 0 Interior Walls MASONRY/MIN Grade 300 Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter FLA FLOOR LIV AREA 629 629 0 TOTAL 629 629 0 O O Building ID 15844 Exterior Walls C.B.S. Style GROUND LEVEL Year Built 1953 Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1998 Gross Sq Ft 338 Foundation CONCRETE SLAB U) Finished SgFt 338 Roof Type GABLE/HIP Stories 1Floor Roof Coverage METAL Condition AVERAGE Flooring Type CONCS/BGRND Perimeter 78 Heating Type NONEwithO%NONE 0 Functiona I Obs 0 Bedrooms 1 Economic Obs 0 Full Bathrooms 1 Depreciation% 32 Half Bathrooms 0 M Interior Walls DRYWALL Grade 500 Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter 0) FLA FLOOR LIV AREA 338 338 0 O TOTAL 338 338 0 CL Yard Items �y Description Year Built Roll Year Quantity Units Grade UTILITY BLDG 1984 1985 1 80SF 1 CONC PATIO 1994 1995 1 120SF 2 CONC PATIO 1994 1995 1 120SF 2 CH LINK FENCE 1984 1985 1 680SF 1 WALLAIRCOND 1994 1995 1 4UT 2 FENCES 2005 2006 1 912SF 2 M STEPS 1979 1980 1 1 UT 1 I. STEPS 2005 2006 1 1 UT 1 UTILITY BLDG 1976 1977 1 171 SF 1 UTILITY BLDG 2005 2016 1 80SF 2 0 Sales Sale Instrument Deed Deed Sale Vacantor U O Sale Date Price Instrument Number Book Page Qualification Improved Grantor Grantee 8/12/2019 $0 Order(to be used for Order Det.Heirs, 2299066 3068 1459 19-Unqualified Improved Probate in 1/15/2005 $310,000 Warranty Deed 2079 1822 Q-Qualified Improved i O Permits CL Number Date Issued Date Completed Amount Permit Type U Notes 16108735 1/5/2017 $1,000 Residential SEWERCONNECTION 16103959 5/26/2016 12/30/2016 $200 Residential REMOVAL OF INVASIVE EXOTIC VEGETATION/HAZARD TREE REMOVAL a 13100612 2/19/2013 12/31/2013 $250 Residential REMOVE 3 BRIZALIAN PEPPER INVASIVES 10100427 1/29/2010 12/30/2010 $50 Residential TREE REMOVAL 09103682 9/29/2009 12/10/2009 $3,700 Residential RE-ROOF MOBILE HOME-INSTALLALUM.ROOF OVERSYSTEM U 08104475 1/9/2009 12/10/2009 $200 Residential HURRICANE SHUTTERS O 08101760 7/10/2008 12/29/2008 $700 Residential REMOVEAND REPLACE WINDOWS IN CBS UNIT 05101618 4/1/2005 7/18/2005 $100 Residential REPAIR AND REPLACE 60 LF OF FENCE/REV#A-REPLACING FENCE/REV#B-PUT 45 LF OF 4'HIGH FENCE 15'BACK OFF AVE D. CL View Tax Info U VJ ,,,IF;;oxesfor;tlll,;flsIP,air„cellll O Sketches(click to enlarge) c� https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=1202374971&Keyv Packet Pg. 2233 3/3Q3 2:56 PM nPuunomm'Monroe County,FL'Report:00000e 0000000 52 CL w � � � � hupx,/qpumm.sohnomomonp.00moAppncamvn.oxpxvApp|o~nmsuLoyono~ee4VuPogolypo|o~4uPogo|o~rVoe&Q~1ouuor4er1 3/3/23,2:56 PM gPublic.net-Monroe County,FL-Report:00303910-000000 13 FLA (338) U) U) 0 0 26 (� CL 0 FO U) 0 0 BUILDING#2 CL Photos L- CL U 0 L,. CL a� /i- U E C5 https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=l202374971&Keyv Packet Pg. 2235 3/3/23,2:56 PM gPublic.net-Monroe County,FL-Report:00303910-000000 Map a� U- U) U) 9 ° 0 TRIM Notice E m Ui 2022 INoUrm Onlyd by i I, ,k /,Jf,�ilk i r , ii/ P ir_liwnro� t0, ity i/ Schneider err « Ilkr,il,r ,,i,3 n,r i,r, it i r it i,,, /« /�i f ,« ,,,Il nr+ GEOSPAT[AL. � I`i/ ir;>I,,. ,,r,.;:yoe 'r'r,/i ix i, ,,,rr«tl""t.', r� UairlPiruq;�„I,F"glli5Y GPIPIF�?Hva� No lice Vf ,i.,ii';si.,;;; U3 0 U CL 0 L- U U 0 U U E U https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=l202374971&Keyv Packet Pg. 2236 G.1.b Block 30, Lots 6, 7, and 8, Sands, Big Pine Key p r, ' 7 u- CL om rr AVEh� 12lJpA4�EUE o �', b r � F 3��7�.�V"E�ttlE� n CL 0 n ra IKOO a 0- 1 ' "d 7 1JENCIE3 „w 1A FWC± f �4 f� VE UE B / '% t3 1100 AVENUE A j 31 �7t �4VEPwlCJE 3 2474 4iNCP Idµ" 'f 4�7(F AE U'E A 31{} EAS HWY" a Packet Pg. 2237 2/28/23, 11:22 AM gPublic.net-Monroe County,FL-Report:00303000-000000 ,, it . f' Monroe County, FL Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure ajustvaluation for ad valorem tax purposes of all property within the County.The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for U) any other purpose. U) By continuing into this site you assert that you have read and agree to the above statement. Summary 0 Parcel ID 00303000-000000 Account# 1375055 Property ID 1375055 0 MillageGroup 100H Location 31334AVENUE D,BIG PINE KEY ) Address Legal BK24LT14 SANDS SUB PBI-65 BIG PINE KEYOR469-6900R1332- Description 109R/S OR1338-908D/C OR2651-1502D/C OR2697-1194UE OR2710 CL 1928/30C (I1114oM e.Not to be used on llaMguall docuuu°iuents.( 2M Neighborhood 549 " Property Class VACANT RES(0000) U) Subdivision SANDSSUBD Sec/TWp/Rng 25/66/29 M Affordable No LO Housing Owner E,il g!!ill,(�„iFOINl..iMAIRGAIRIEIF U) 24327 Caribbean Dr W ` 0 Summerland Key FL 33042 ®! Valuation cn 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values cy + Market Improvement Value $0 $0 $0 $0 2 + Market MiscValue $0 $0 $0 $0 + Market Land Value $22,500 $17,500 $15,000 $17,500 = Just Market Value $22,500 $17,500 $15,000 $17,500 0 = Total Assessed Value $18,150 $16,500 $15,000 $13,640 I 0 School Exempt Value $0 $0 $0 $0 CL = School Taxable Value $22,500 $17,500 $15,000 $17,500 0 Z M Historical Assessments CL Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2021 $17,500 $0 $0 $17,500 $16,500 $0 $17,500 $0 0 2020 $15,000 $0 $0 $15,000 $15,000 $0 $15,000 $0 2019 $17,500 $0 $0 $17,500 $13,640 $0 $17,500 $0 2018 $26,250 $0 $0 $26,250 $12,400 $0 $26,250 $0 M U 111mrM llAaaxinnii,a nn llluau°taallaiill11ty Is an estlinnate only and sllmruuullrl not be i°rehire uup oiim as the ac uirrall pjai°taallAfty annoiiaiintt Contact oiuiii office to veil Iify the ac uirrall lljoi°0113iillir c rrmnnoiiaiint, 0 U Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY UNPERMITTED(01DM) 5,000.00 Square Foot 50 100 CL Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 0 11/3/2014 $0 Warranty Deed 2710 1928 11-Unqualified Vacant 8/4/2014 $100 Warranty Deed 2697 1194 14-Unqualified Vacant U 2/1/1971 $1,800 Conversion Code 469 690 Q-Qualified Vacant View Tax Info VFeav Faxes for d 11 Ill IPmira':ell ............................................................. https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=377086920&KeyVal Packet Pg. 2238 2/28/23, 11:22 AM gPublic.net-Monroe County,FL-Report:00303000-000000 Photos f U) U) 0 0 Map CL 1' LAY i a J, U) 0 M Ce TRIM Notice CL L- CL 2 I1114a m nll No data available for the following modules:Buildings,Yard Items,Permits,Sketches(click to enlarge). I E T irf.'ii if,l r f'f.% r/i f, f I I I Ig,It y by 0 �i ��rir,r r�i�r�i a�n�rr'r,, g:rl it f�„ t r i ii f i �i i Schneider «'""ny ,f.r e i /.r, / „T M^ GEOS'P'ATII AL i r(3i�i� � ,f,��,fr'f.%� , I;�,r�,r,f,i i✓,>a.a r,a,:.%�, �r'r��, i,r ,f,�r ,i, ,,frr� f,i�f,f.'�r '� U.i'm it IF"iru�ma 2�IF?arllua� � IIFpIf IPiruAa,�JNanuq,cA U V u 4,, 2`;25C) 0 U U E U https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=377086920&KeyVal Packet Pg. 2239 G.1.d C AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS THIS AGREEMENT is made and entered into this day of , 2023, by and between 0 Ronald E. Garwood, Jr. c (hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY"). WITNESSETH: 1. The Seller(s) represent they are the owners of the following real property (hereinafter "Primary g' Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, that is currently developed with two residential dwelling units and is more particularly described as follows; to-wit: en Block 30, Lots 6 and 7, Sands (PB 1-65) RE 00303910-000000 The Seller(s) represent they are also the owners of the following real property (hereinafter "Secondary Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling unit or any other habitable space and is more particularly described as follows; , to-wit: c� c Block 30, Lot 8, Sands (PB 1-66) RE 00303910-000000 2. In consideration of Ten Dollars ($10.00) in hand, paid by the COUNTY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the COUNTY certain property rights owned by U Seller, upon the terms and conditions hereinafter set forth, and for the price of $22,500.00. The Seller(s) covenant to surrender, release, relinquish and transfer any and all of the Seller(s)'s property rights in accordance with the Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances attached as Exhibit A together with the other documents listed in Section 6 (hereinafter collectively "Less Than Fee Interest") from the combined Primary Parcel and Secondary Parcel (hereinafter collectively "Unified Parcel"). 3. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the COUNTY the Less Than Fee Interest and will simultaneously unify title of the servient estates of the Secondary Parcel with the Primary Parcel, subject to the following conditions and obligations: The COUNTY, at the COUNTY'S expense, shall have a title report commissioned to allow the COUNTY or its agent to examine all record detail of the ownership and encumbrances (O & E) affecting title to the Unified Parcel. The COUNTY may, at its option during the time permitted for examination of title, have the Unified Parcel surveyed and certified by a registered Florida surveyor. If the survey or O & E report disclose encroachments on the Unified Parcel or the existence of improvements located thereon, or any other restrictions, contract covenants, liens, transfers of development rights, or applicable governmental regulations, deemed not acceptable to the COUNTY, the same shall constitute a title defect. E The COUNTY shall have sixty (60) days from the Effective Date in which to examine the O & E of Seller's title. If title is found defective, as determined in the sole discretion of COUNTY, the 1 Packet Pg. 2240 G.1.d C COUNTY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unacceptable to the COUNTY, the Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s). The Seller(s) will use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits, failing which the COUNTY shall have the option of either accepting the title as it then is or rescinding the Agreement herein. c 4. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or property rights associated with the Less Than Fee Interest may be diminished or encumbered while this Agreement is pending. In the event any such diminution, encumbrance or other impairment occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee Interest. 5. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and privilege to enter upon the Unified Parcel for all proper and lawful purposes, including examination of the Unified Parcel and the resources upon it. Nothing herein shall be construed to constitute an 00 acceptance of any existing or future code or building violation on the Unified Parcel. This provision shall survive closing. The Seller(s) hereby waive their rights to any and all claims against the COUNTY or the State of Florida associated with, or arising from ownership of, the Unified Parcel and this waiver shall survive closing. U) 0 6. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the COUNTY the following documents conveying to the COUNTY all of Seller's Less Than Fee Interest in a manner satisfactory to the legal counsel of the COUNTY: c a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances M (hereinafter"Covenant of Unity of Title document") b) Joinder of Mortgagee (if applicable) c) Joinder of Non-Mortgagee Encumbrance Holder (if applicable) > d) Grantor's Affidavit of No Encumbrance (if neither b or c above applies) U e) Affidavit of Trustee (if land owned by a Trust) f) Application to Monroe County Property Appraiser to Consolidate Real Estate Parcels . 7. In consideration whereof the COUNTY agrees that it will purchase all of said Less Than Fee Interest at the price of $22,500.00. The COUNTY further agrees that after the preparation, execution, and delivery of the documents enumerated above, and after the legal counsel of the COUNTY shall have approved the documentation releasing the Less Than Fee Interest to be surrendered to and vested in the COUNTY, it will cause to be paid to the Seller(s) the purchase price, less any costs of closing payable by Seller, as set forth below. The COUNTY shall pay the following expenses associated with the conveyance of the Less Than Fee Interest: recording fees for the documents listed in Section 6, settlement fees, O & E report fees, title examination fees, and the Buyer's attorney's fees. The Seller(s) shall pay the real estate commissions, if any are due. Full transfer, surrender and possession of the development rights described above shall pass to the COUNTY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 above. c� 8. It shall be the obligation of the Seller(s) to pay any assessments outstanding as liens due to the County at the date the Less Than Fee Interest vests of record in the COUNTY. 9. It is mutually understood and agreed that notice of acceptance of this Agreement shall be given to E the Seller(s) by email to the address provided by the Seller(s) or by mail addressed to the Seller(s) at the following address: 2 Packet Pg. 2241 31266 Avenue D B' Pine Key, FL 33043 U) and shall be effective upon date ofennmi|ing or mailing and shall be binding upon all of the 8aUer(a) without sending a separate notice bz each, except as such obligation may be affected bv the provisions of Section O herein. 10. The effective date of this Agreement (hereinafter "Effective Date") mheU be that date when the last one of the SaUer(s) and the COUNTY has signed this Agreement. 11. If the 8mUer(m) wish to proceed with this transaction, the Seller(s) have until January 24, 2023 to sign and return this Agreement to the COUNTY, failing which the County shall have no obligations pursuant tnthis Agreement. This Aonsennmnt may be executed in counterparts. Notwithstanding — any provision of this Agreement to the contrary, the COUMTY'S obligation ho close this transaction is contingent upon the availability of funds budgeted for the Less Than Fee Program and approval � of this Agreement by the Monroe County Board of County Cornnniasionerg, failing which the parties acknowledge anhnom/|edgethmtaachoha|| bema|eaaedofeUfudherob|i0ationmunderthimAgneemnent. In the event this transaction has not closed within one hundred eighty (180) days from the Effective c Dahm, then either pedv may 1arrninaba this Agreement at any time thereafter by providing written notice, in which case the parties acknowledge that each shall be released of all further obligations under this Agreement. � IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective �n oga|a on the day fiod above written and therefore the Seller(s) for and in consideration of the Ten Dollars (�1O�OD\ h�nain��mxes�hnovv|edge �m m*omiv�d. have end do hereby or its authorized nepreemntetve, or any other office or agent of the COUNTY authorized to purchase �~ said Less Than Fee |nhmrget in |ond, the option and right to enter into this Agreement for Purchase within ninety (90) days from the execution thereof by the 8eUer(a). Seller/Ronald E. Garwood, ��. 0 'Signature Date Phone Number Ennd��\ddneev� ' �yJ � Buyer/C{JUNT\~: K8(JNR{JE COUNTY, FLORIDA KEV|N K8AD(]K. CPA, Clerk — By: Deputy Clerk Craig Cates, Mayor (Seal) Date: EXHIBIT A Prepared by/Return to: U)U) Gregory S.Oropeza,Esq. Oropeza Stones Cardenas 221 Simonton Street 0 0 Key West,FL 33040 ----------------------------- Space Above This Line For Recording---------------------------- 2M COVENANT OF UNITY OF TITLE AND RESTRICTION ON FUTURE DEVELOPMENT AND/OR CONVEYANCES THIS UNITV OF TFIT,E SHAIA., BE IN( ORPORATED IN WHOLE AND REFERENCED BY OFFICIAt, RECORD BOOK AND PAGE N1,JMBER AND DO("IUMENTNUMBER ON A1A., ,mA'NSFE,'RS OF "IME BEI.,OW DESCRIBED REAL, PROPERTY. U) 0 WHEREAS, this Unity of Title is granted this day of 20_, by _J (hereinafter"Grantor(s)"),to Monroe County,a political subdivision M of the State of Florida (hereinafter "Grantee"), whose address is 1100 Simonton Street, Key West, Florida 33040; and WHEREAS,the undersigned Grantor(s), is/are the sole fee simple title owner(s)of the certain below-described real property(hereinafter"Primary Parcel")that is currently developed with two residential dwelling units and is located CU in Monroe County, Florida, having a legal description as follows and which is shown on attached Exhibit which is hereby incorporated as if fully stated herein: 0 U Parcel Address: Approximate Mile Marker: Parcel(s)/Lot(s): Block: .2 Subdivision: Key: It Book: Page: Real Estate Number(s): WHEREAS, the undersigned Grantor(s), is/are the sole fee simple title owner(s)of the certain below-described real X property(hereinafter"Secondary Parcel")that is not currently developed with a residential dwelling unit or any other W .a habitable space and is located in Monroe County,Florida, having a legal description as follows and which is shown on attached Exhibit which is hereby incorporated as if fully stated herein: 3: Parcel Address: Approximate Mile Marker: E Parcel(s)/Lot(s): Block: Subdivision: Key: Plat Book: Page: U) Real Estate Number(s): CU WHEREAS, Grantee is a general purpose political subdivision of the State of Florida and is authorized to regulate and control the use of real property through the Monroe County Comprehensive Plan and the Monroe County Code(s) 4i to protect the public health,safety,and welfare; and E .a WHEREAS,the Primary Parcel and Secondary Parcel are subject to the jurisdiction and requirements of the Monroe Packet Pg. 2243 County Comprehensive Plan and the Monroe County Code(s);and WHEREAS, this Unity of Title encumbers the Primary Parcel and Secondary Parcel (bcpriouftcr collectively -° "Unified Purzc\");and WHEREAS,Gcuutor(o)hereby attest(s)bis/henits/tbeir recognition that this Unity of Title does not allow the Unified Parcel to be divided into separate parcels;and w � WHEREAS, Grantor(s) hereby attest(o) his/her/its/their reomguidwu that the Unified 9acue| uhu\1 hereafter exclusively be considered ao one(\) parcel of land, and that no portion uf said parcel ufland may hereafter besold, JS transferred, devised,orassigned separately,except in its entirety us one(|)parcel of land; and 0- 2M M WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that in granting this Unity of Title, Grantor acknowledges and accepts the condition hereafter limiting development to two principal use (residential) structures on the Unified Parcel; and � WHEREAS,the consent of all mortgagee(s)and holdcr(o)of any all other eucuombruoce(s)ofor otherwise upon the c Unified Parcel is attached as Bxbihit(o) ^^ ^^ and " �`' lfno such consent is attached hereto, the undersigned � (}rautor(o) h��hyo��m�(o)hmGram�c��buinu�uuhm*��(o)aod\ha�uosuuho�h�r�ncumnbranu�(o)cxiot(n)� and ' WHEREAS, this Unity of Title is grunted in consideration of payment in the amount of }{}{ thousand dollars l5 ($XX��X)hv�mo1��o�ron1ncood — ' � ' ~ WHEREAS, the undersigned Grantor(s) and Grantee berchv attest that such County payment in 0000idcogioo was/were given pursuant to this Unity of Title, and that this Unity ofTitle, together with its restrictions, conditions, and limitations on future residential structure development are supported by good and valuable consideration;and WHEREAS,this Unity of Title does not discharge,exempt,waive,or otherwise release the uudemi&oedGroutor(m), tenant(s) thereto, the personal ccprenenta1ive(o), beir(s), aaxign(u), and successor(s) in ddc of the undersigned 0 Grantor(s),or tenant(s)thereto,from their duty to obtain required federal,state,County,and local approval(s)for any L) future construction of accessory structures or establishment of uses upon the Unified Parcel; and NOW, THEREFORE, ueon inducement to Grantee for and in consideration of Grantee's payment ofgood and adequate consideration, the adequacy, sufficiency, and receipt of which are hereby expressly acknowledged and W attested to,the undersigned Grantor(s) hereby grants,creates,and establishes a Covenant of Unity of Title for and in < favor of Grantee upon the above legally described Unified Parcel which shall run with the land and be binding upon the undersigned K}oaotor(s), and tenant(s) thereto, and oba|| remain in full force and effect forever, and Grantor(s) Z dec|arc(s)and gnant(u)asfollows: mu |) Recitals.The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein. 3: 2) Restriction on Development.Notwithstanding the general permitted density,this Unity of Title: A. limits the total density of the Unified Pornc\ to two residential dwelling units;and 0 B. retires all other density and prohibits the transfer ofdensity; and C. prohibits new accessory structures providing habitable space on the Unified Parcel; and � D. does not prohibit accessory uses and non-habitable accessory structures outhe Unified Parcel; and B. does not prohibit additions 10 the two lawfully established existing residential unity. J= Habitable space means any structure equipped for human habitation such as,but not limited to,office,workshop, U) kitchen, dining, living, laundry, bathroom, bedroom, den, family or recreational room; professional studio or U) 0 commercial occupancy including all interior hallways, corridors, stairways and foyers connecting these areas. 'a Garages,exterior stairs and open decks and patios are not considered habitable structures. 0 0 3) Prohibition of Parcel Division.This Unity of Title prohibits the Unified Parcel from being divided into separate parcels, subdivided, re-subdivided,platted, re-platted,or conveyed as separate parcels or transferred as separate parcels regardless of whether owned by single or multiple owners. 4) Restriction on Conveyance. The Unified Parcel shall hereafter exclusively be considered as one (1) parcel of land,and that no portion of said parcel of land may hereafter be sold,transferred,devised,pledged,encumbered or assigned separately, except in its entirety as one(1)parcel of land. 2M 5) Monroe County Properly Appraiser Records. Simultaneously with execution of this covenant of Unity of Title,Grantor shall make application with the Monroe County Property Appraiser to combine the Primary Parcel and Secondary Parcel under this Unity of Title as a single real estate parcel for tax roll purposes. 00 6) No Conflicts.The undersigned Grantor(s)hereby covenant(s)with Grantee that Grantor(s)is/are lawfully seized of the Unified Parcel in fee simple free and clear of all encumbrances that are inconsistent with the terms of and exhibits attached to this Unity of Title,and fully attest(s),warrant(s),and defend(s)the title to and interest in the U) Unity of Title hereby conveyed against the lawful claims of all persons whomsoever. 0 -j 7) Perpetual Duration. This Unity of Title is intended to benefit, run with the land in favor of, and shall inure to Grantee,Monroe County,Florida. 8) Bindi ig_Effect. The undersigned Grantor(s), and the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s),shall pay all taxes,assessments,fees,and charges of whatever description levied upon or assessed by competent authority on the Unified Parcel therein before delinquency, CU a shall keep such levies and assessments current, and shall not allow any lien(s)on the Unified Parcel superior to 0 this Unity of Title. In the event of failure to so disallow such lien(s),to extinguish such lien(s),and/or to obtain L) subordination of such lien(s)to this Unity of Title,in addition to any other remedy,the damage(s)and/or debt(s) owed to Grantee shall constitute a lien against the Unified Parcel which shall automatically relate back to the .2 recording date of this Unity of Title. U) 0 9) Construction and Interpretation. The construction and interpretation of such, and all other, Monroe County Comprehensive Plan provision(s)and Monroe County Code(s)provision(s)shall be construed in favor of Grantee and such construction and interpretation shall be entitled to great weight on trial and on appeal. Z X 10) Recordation,Amendment,Modification,or Release. W A. The undersigned Grantor(s)hereby agree to the recording of the Unity of Title together with all appropriate and required Joinder(s)with the Clerk of the Circuit Court of Monroe County and agree to the re-recording E of said documents at any time Grantee may require to preserve its(Grantee's)rights. B. No amendment or modification to this Unity of Title is effective unless agreed to in writing by both Grantee < and the undersigned Grantor(s)and filed,together with all appropriate and required Joinder(s),with the Clerk 0 U) CU of Circuit Court of Monroe County for recording in the Official Records of Monroe County, Florida. C. This Unity of Title may not be rescinded, voided, or released unless and until the Monroe County Board of 0- County Commissioners (hereinafter "BOCC") approves such rescission, voidance, or release by BOCC Resolution. E Packet Pg. 2245 J= 11) Subsequent Reference Reguirement. A. The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and _J successor(s) in title of the undersigned Grantor(s), and tenant(s)thereto, hereby agree(s)to and shall submit 0 a copy of this filed and recorded Unity of Title together with(simultaneously in date and time with)all future 0 development applications relating to the Unified Parcel. Such submission by the undersigned Grantor(s), tenant(s)thereto,the personal representative(s),heir(s),assign(s),and successor(s)in title of the undersigned Grantor(s), and tenant(s) thereto, shall be to the agency(ies), department(s), and office(s) in receipt of or otherwise receiving such development application(s). This requirement is non-exclusive to Monroe County agencies,departments,and offices,and is to be construed as inclusive of all reviewing federal,state,Monroe County, and local agencies,departments, and offices in receipt of or otherwise receiving such development application(s),such that the undersigned Grantor(s),tenant(s)thereto,the personal representative(s),heir(s), 2M assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, must so simultaneously furnish a copy of this filed and recorded Unity of Title to any and all federal and state,Monroe County, and local agencies, departments,and offices in receipt of or otherwise receiving such development application(s). B. The undersigned Grantor(s), tenant(s), thereto, the personal representative(s), heir(s), assign(s), and successor(s)in title of the undersigned Grantor(s),and tenant(s)hereto,shall reference this Unity of Title and all previously executed and recorded restrictions in any future instrument conveying title to or an interest in the Unified Parcel, including the recording book and page number(s)and document number(s)of this Unity 0 of Title and all previously executed and recorded restrictions. _J 12) Joint-and-Several Liability. If the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), tenant(s), thereto, or any other non- .2 County natural person(s) or legal person(s) are party(ies) to any suit, action, or proceeding, in law or in equity, initiated, cross-initiated, counter-initiated, or filed by the County to enforce any provision(s), restriction(s), or CU terrn(s)contained herein, and consist(s) of more than one person(s) or entity(ics), such person(s)and entity(ies) shall be jointly and severally liable. > 0 U 13) Non-Assignability. This Unity of Title shall not be assignable by the undersigned Grantor(s),tenant(s),thereto, the personal representative(s), heir(s),assign(s),or successor(s) in title of the undersigned Grantor(s), tenant(s), thereto,or any other non-County party with title to or an interest in the Unified Parcel,unless such assignment is U) first approved by Monroe County BOCC Resolution. 0 14) Notice and Service of Process. A. Notice—To Grantee. All notices,consents,approvals, or other communications to Grantee hereunder shall X be in writing and shall be deemed properly served if sent by U.S.Postal Service Certified Mail,return receipt W requested, in the following for, and address: Monroe County Planning& Environmental Resources Department 0 E Attn: Senior Director 0 0 Subject: Unity of Title 2798 Overseas Highway Marathon, FL 33050 U) CU And with a copy to: Monroe County Attorney's Office Subject: Unity of Title E I I 11 12" Street, Suite 408 Packet Pg. 2246 Key West,FL 33040 15) Dispute Resolution — Meet-and-Confer Prerequisite. The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or successor(s) in the title of the undersigned Grantor(s), and 0 tenant(s) thereto, hereby agree(s) that as a first condition precedent to his/her/its/their initiation of litigation or 0 adversarial administrative proceedings against the County in the form of a suit or action arising out of,related to, or in connection with this Unity of Title,shall first,prior to the initiation of such suit or action,attempt to resolve their dispute(s) and disagreement(s) by a meet-and-confer session between himself/herself/themselves and Monroe County Planning & Environmental Resources Department staff and counsel of the Monroe County Planning & Environmental Resources Department. If no resolution can be agreed upon within thirty (30)days S after occurrence of the aforesaid meet-and-confer session,such issue(s)shall next as a second condition precedent to the initiation of such suit or action,be discussed at a public meeting of the Monroe County BOCC occurring E in the same geographic sub-area as the geographic location of such Unity of Title(i.e.,Upper Keys- Key Largo, Middle Keys Marathon, Lower Keys -Key West). The undersigned Grantor(s),tenant(s)thereto,the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, hereby agree(s) that in the event he/she/it/they so initiate such suit or action without satisfying both of these conditions precedent to their initiation or litigation or adversarial administrative proceedings against the County, that the County shall automatically be entitled to an Order granting Grantee's Motion to Dismiss and Florida Statute Sec. 57.105 (2015) Motion for Sanctions and Attorney's Fee (or, at Grantee's election (if applicable), their Florida statutory equivalent(s), Federal equivalent(s),or non-Florida legal equivalent(s)). U) 0 16) Limitation of Liability. A. In the event of any litigation concerning the conditions, provisions, revisions,or terms of the Unity of Title, Grantee, the undersigned Grantor(s), tenant(s)thereto, the personal representative(s), heir(s), assign(s), and .2 successor(s)in the title of the undersigned Grantor(s),and tenant(s)thereto,hereby agree to expressly waive and shall be treated as having expressly waived their right to a jury trial. CU B. The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s), or > 0 successor(s)in title of the undersigned Grantor(s),and tenant(s)thereto,hereby agree(s)that no charge(s)or U claim(s) shall be made by it for any delay(s)or the effective date of this Unity of Title. .2 C. No Waiver. Grantee shall not be deemed to have waived any rights under this Unity of Title unless such U) waiver has been given,within this instrument,both expressly and specifically. D. No Personal Liability. The County expressly reserves and in no way shall be deemed to have waived for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any other similar defense, immunity,exemption,or protection against any suit,cause-of-action,demand,or liability. Further, X W no covenant,provision,or to of this Unity of Title shall be deemed to be a covenant or agreement of any a officer,employee,or agent of the County in his or her individual capacity,and no officer,employee,or agent 3: of the County shall be liable personally in this Unity of Title or be subject to any personal liability or accountability by reason of the execution of this Unity of Title. E E. Non-Reliance by Third-Parties. No person(s)or entity(ics)shall be entitled to rely upon the terms, or any of them,of this Unity of Title to enforce or attempt to enforce any third-party claim(s)or entitlement(s)to or benefit(s)of any service(s),term(s),or program(s)contemplated hereunder. CU 17) Enforcement, CL A. Default Notice. In the event of breach or violation of the restrictions or terms hereof by Grantor(s),tenant(s) thereto,the personal representative(s),heir(s),assign(s),or successor(s)in title of the undersigned Grantor(s), E .a or tenant(s) thereto, Grantee shall provide written "Notice of Default" or "Notice of Violation" to such U Packet Pg. 2247 J= breach(es)or violation(s)within thirty(30)days of receiving notice of such breach(es)or violation(s). U) U) B. Grantor(s) Breach or Violation. 0 1. Uncured breach(es) or violation(s), by the undersigned Grantor(s), tenant(s) thereto, the personal 0 representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), or tenant(s) thereto,of the terms of and restrictions imposed by this Unity of Title shall,without any additional notice beyond this Unity of Title's recordation,entitle Grantee to immediately suspend and/or rescind, without liability to Grantee, development applications, pending permits, approvals, and inspections, and issued development order(s)contingent upon the effectiveness of this Unity of Title and Grantor(s)compliance thereto, the compliance of tenant(s) thereto, the compliance of the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s) thereto, and the compliance of tenant(s) 2M thereto, with the terms of this Unity of Title, applied for or those permits, approvals, and/or inspections necessary to cure such breach(es) or violation(s). Such uncured breach(es) or violation(s) shall be presumed to constitute breach(es)or violation(s)that is/are irreparable or irreversible in nature. LO 06 2. In the event of any suit,action,or proceeding,in law or in equity,by the County to enforce the restrictions or terms contained herein,if the County prevails in any such suit,action,or proceeding,on trial or appeal, the County shall be entitled to reasonable attorney's fees,including trial,appellate,bankruptcy,and post- I,: judgement costs and collection proceedings for the maintenance or defense of any such suit, action, or (6 U) proceeding,to be paid by the losing party(ies)as fixed by the court. Any judgement so rendered in favor 0 of the County in connection with any suit,action,or proceeding arising out of,related to,or in connection with this Unity if Title, shall bear interest at the highest rate allowed by law. The County may recover reasonable legal and professional fees attributable to the preparation,administration,and enforcement of such suit, action, or proceeding, from any person(s) and/or entity(ies) from or whom a demand or .2 enforcement request is made, regardless of actual initiation of a suit, action, or proceeding. These remedies are in addition to any other remedy,fine,or penalty which may be applicable under,including, CU but not limited to, Chapters 162.373, and 403, Florida Statutes,and any other action at law or in equity. Grantee hereby agrees and the undersigned Grantor(s), tenant(s) thereto, the personal representative(s), 0 heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, hereby U agree that suits, actions, and proceedings arising out of, related to, or in connection with this Unity of Title shall be in accordance with the Florida Rules of Civil Procedure. .2 U) 3. Cumulative Remedies. In the event of any breach or violation of the restrictions or terms contained herein,Grantee shall,without liability to Grantee,have the right to proceed at law or in equity as may be necessary to enforce compliance with the restrictions or terms hereof, to enjoin activities, construction, maintenance, practices, repairs, and uses inconsistent with the restrictions or terms hereof, and to otherwise prevent the breach or violation of any of them, to collect damages, and both authorized and X entitled to enforce this Unity of Title by emergency, preliminary, and permanent injunction, including W by ex parte motion and action for such injunction(s), it being hereby expressly and specifically agreed 3: that Grantee has no adequate remedy at law, or such other legal method as Grantee deems appropriate. All rights and remedies accruing to the County shall be assignable in whole or in part and be cumulative; E that is, the County may pursue such rights and remedies as the law and this Unity of Title afford it in whatever order the County desires and the law permits. The County's resort to any one law(s) and/or remedy(ies)in advance of any other shall not result in waiver or compromise of any other law(s)and/or remedy(ies). The undersigned Grantor(s), tenant(s) thereto, the personal representative(s), heir(s), U) CU assign(s),or successor(s)in title of the undersigned Grantor(s),and tenant(s)thereto,hereby agree(s)to a and shall pay for all costs associated with Grantee's enforcement action(s). 4. Failure of the undersigned Grantor(s),tenant(s)thereto,the personal representative(s),heir(s),assign(s), a 0 or successor(s)in title of the undersigned Grantor(s),or tenant(s)thereto,to comply with or perform any E act required by or under this Unity of Title shall not impair the validity of this Unity of Title or the Packet Pg. 2248 conditions, provisions, reservations, restrictions, rights, or terms hereof or limit their enforceability in U) any way. U) 5. Enforcement of the conditions, provisions, restrictions, and terms of this Unity of Title shall be at the 0 discretion of the Grantee, Grantee's delay or failure to enforce or omission in the exercise of any 0 condition, provision, reservation, restriction, right, or to contained herein, however long continued, shall not be deemed a waiver or estoppel of the right to do so thereafter as to any violation or breach. No Grantee waiver of a breach of any of the condition(s),provision(s),reservation(s),restriction(s),right(s), or term(s) hereof, shall be construed to be a waiver of any succeeding breach of the same condition(s), provision(s),reservation(s),restriction(s),right(s),or term(s)hereof. 18) Miscellaneous. 2M A. Du!y to Cooperate. Where required under this Unity of Title or related agreement(s), the undersigned 'a a Grantor(s), tenant(s)thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the M LO undersigned Grantor(s),and tenant(s)thereto,shall,to ensure the implementation of the government purpose - 00 furthered by this Unity of Title, cooperate with Grantee's reasonable requests submitted to Grantor(s), tenant(s) thereto, Grantor's personal representative(s), heir(s), assign(s), and successor(s) in title, and M tenant(s)thereto, regarding the terms and conditions contained herein. 19) Inconsistency, Partial Invalidity, Severability, and Survival of Provisions If any condition, provision, 0 reservation,restriction, right,or to of this Unity of Title,or any portion(s)thereof, is/are held to be invalid or -J unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such condition,provision,reservation,restriction, right,term,or any portion(s)thereof, shall -119 neither limit nor impair the operation, enforceability, or validity of any other condition, provision, reservation, U .2 restriction, right, term, or any remaining portion(s) thereof. All such other conditions, provisions, reservation, restrictions,rights,terms,and remaining portion(s)thereof shall continue unimpaired in full force and effect. CU a 20) Captions and Paragraph HeadiUs. Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the paragraph or text to which 0 U they refer. .2 2 1) No Encumbrances. The undersigned grantor(s), tenant(s) thereto, the personal representative(s), heir(s), assign(s),and successor(s)in title of the undersigned Grantor(s),and tenant(s)thereto,represent(s)and warrant(s) U) that, to his/her/its/their knowledge, there are no superior encumbrances or material claims, cause-of-action, or other proceedings pending or threatened in respect to the ownership,operation,or environmental condition(s)of the above legally described property that may, shall, or will diminish, extinguish, interrupt, or subordinate the -2 effectiveness or operation of this Unity of Title's provision(s), restriction(s), right(s), and to running in X perpetuity in favor of Grantee, Monroe County,Florida. W 22) GovergjU&1&&j3LeM. This Unity of Title is and the construction and enforcement of the restrictions,terms, and obligations established therefrom are governed by the Monroe County Comprehensive Plan and the Monroe E County Code(s),and shall be liberally construed and enforced in favor of the grant to effectuate the public purpose of this Unity of Title and the policy(ies) and purpose(s) of the Monroe County Comprehensive Plan and the Monroe County Code(s). Exclusive venue for any dispute arising from or under, relating to, or in connection with this Unity of Title shall be in the Sixteenth Judicial Circuit in and for Monroe County,Florida. U) CU 23) Authority to Attest. Each party to this Unity of Title represents and warrants to the other that the execution, delivery, and performance of this Unity of Title has been duly authorized by all necessary corporate and other organizational action,as required. E 24) lntegrgfi2pLAerger. This Covenant of Unity of Title constitutes the entire Covenant of Unity of Title and any a U Packet Pg. 2249 representation or understanding of any kind preceding the date of this Unity of Title's execution or recordation is not binding on the Grantee or the undersigned Grantor(s)except to the extent it has been incorporated into this Unity of Title. 25) Effective Date. This Unity of Title will become effective upon recordation in the O 0fficial Records of Monroe 0 County, Florida. 2M 0 CU 0 U .2 U) X W E U) CU E Packet Pg. 2250 G.1.d U) U) FOREVER.TO HAVE AND HOLD UNTO GRANTEE 0 0 EXECUTE THIS, day of ,20 WITNESSES TO ALL: R( ) First Witness(Print Name) Grantor No. 1 (Print Name) �i ......... . .......... First Witness (Signature) Grantor No. I (Signature) c� (Complete Mailing Address above) M c� Second Witness(Print Name) Grantor No. 2(Print Name) �- CU Second Witness(Signature) Grantor No. 2(Signature) t0 2 (Complete Mailing Address above) STATE ....................................................................... COUNTY OF— The foregoing instrument,Monroe County Covenant of Unity of Title,was acknowledged before e this day of ,20 by ,who is personally own to me or produced,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,,,,,,m as proof of identification and did take an oath. Notary Public(Print Name and Notary o.) [ TA SEAL] U) Notary Public(Signature) E c� Packet Pg. 2251 G.1.d FLORIDAMONROE COUNTY, ACCEPTANCE OF UNITY OF TITLE U) U) In Witness Whereof, Grantee accepts the Covenant of Unity of Title granted above and executes this instrument the date set forth below. 0 0 GRANTEE: Monroe County,Florida: 2M First Witness(Print Name) Senior Director,Monroe County Planning and Environmental Resources Department(Print Name) First Witness(Signature) Senior Director, Monroe County Planning and Environmental Resources Department(Signature) U) 0 Second Witness(Print Name) Date(Print) c� Second Witness(Signature) CU STATE OF > COUNTY OF ................. U Before me,the undersigned authority, personally appeared on this day of ,Hh y tiny,20 , who is personally known t o me or produced as aU)s proof of identification. Sworn and subscribed to before me this day of N„a ................... _,,,,,, _.,20 w Notary Public(Print Name and Notary No.) [NOTARY SEAL] Notary Public(Signature) c� c� Packet Pg. 2252