03/22/2023 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: April 12, 2023
TO: Christine Hurley, Executive Director
Monroe County Land Authority
ATTN: Dina Gambuzza
Office Manager
FROM: Liz Yongue, Deputy Clerk
SUBJECT: March 22, 2023 BOCC Meeting
The following item has been executed added to the record:
G1 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$22,500.00.
Once the Unity of Title has been added to the Official Record, please forward to me and
Abra Campo to have it included in our records. Should you have any questions please feel free to
contact me at(305) 292-3550!
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
AGREEMENT FOl:R f"HE POUR- CHASE OF l ESS Tl IAN FEE 1NTEl::ZESTl1N LAN11'.)S
Fl HIS AGREBIVIEN 4"r is rnade and entered into th 22nd day of March 2023, by
and between
Ronald IlplwwGarwood, Jr.
(hereinafter "Sefler(s)"), for ffiemselves, their h6rs, executors, administrators, successors and
assigns, and MONROE COUNTY, F1 ORIDA (hereinafter"CO UINTY").
WTNESSE I K
1 The Seller(s) represent they are the owners of the oflowing real property (hereinafter "Primary
l:'larcel") 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 us more parficWarly
described as follows; to.--wit:
11:31lock 30, Lots 6 and 7, Sands (PDT 1-65)
RE#00303910-000000
The Seller(s) represent they are also the owners of the foHowing real property (hereinafter
"Secondary Parcel") thereunto belonging, owned by thern, situate and lying in the County of
Monroe, State of 11 lorida, that borders the l::16rnary Parcel and is currently not developed with a
residential dwelfing runup or any other habitable space and is rnore particularly described a follows;
to Wit:
I ock 30, of 8, Sands (P111:..: 1-66)
RE#00303910-000000
2. In consideration of Ten Dollars ($10.00) in hand, paW by the COUN I Y, the receipt of which is
Ihereby acknowledged, the Sefler(s) agree to sell to the COUN I Y certain property rights owned by
Seller, upon theterms and condition s hereinafter set forth, and for the price of $22,500.00. 'The
Seller(s) covenant to surrender, release, refinquish and transfer any and all of the Sefler(s)'s
prol:)erty rights in accordairice with the Covenant of Unity of l"itle and Restrictions of) Future
Development and/or Conveyances attached as Exhibit A together with the other docurnents listed
in Section 6 (hereinafter collectively "Less Than Fee pnterest") from the combined Primary Parcel
and Secondary Parcel (hereinafter collectively "Unified 0:::(arcel").
3. The Sefler(s) agree that they have 'Ifull right, 1power and authority 'to convey, and that they will
convey to the COUNTY the l..ess Than Fee Interest and will siimultaneous y unify title of the
sevvient estates of the Secondary Parcel with the Primary Parcel, subject to the following
conditions and obligations:
I"he COUNTY, at the COUNTY'S expense, shall have a title report cornrnissoned to allow the
COUNI Y or its agent to examine all record detail of the ownership and encurwilbrances (0 & 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. V the survey or 0 & ll:::::: report disclose encroachments on the Unified Parcel or the
existence of improvements located thereon, or any other restrictions, contract covenants, liens,
transfers of developrnent rights, or applicable governmental regulations, deerned not acceptable to
the COUNTY, the sarne shall constitute a title defect.
The COUNTY shall have sixty (60) days from the Effective Date in which to examine the 0 & E of
Sell1ler's tifle.. V title is found detective, as determined it) the sole discretion of COUNTY, the
1
COUN I Y shall, within this specified time period, notify Seller(s) in writing sjpecifyfing defect(s). If
the defect(s) render title unacceptableto the COUNTY, the Sefler(s) will have one hundred twenty
(120) days from receipt of nofice within wNch to remove the defect(s). The Sefler(s) will use
diligent effort to correct defect(s) in title witNn the time provided there-fore, including the b0nging 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.
4. The SeHer(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.. fin the event any such dirnki0oin, encumbrance or other impairiment
occurs, the COUNTY may, without HaNlity, refuse to accept conveyance of said Less Than Fee
Interest.
5 1 he SeHer(s) further agree ffiat during the period covered by this instrument officers and
accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and
privflege to enter upon the Unified Parcel for all proper and lawful purposes, including exam4iation
of the Unified Parcel and the resources upon it.. Nothing herein shall be construed to constitute an
acceptance of any existing or future code or buflding viola Jon on the Unified Parcep. "This
provision shall survive c1losing., The Seller(s) hereby waive their dghts to any avid all clairns
against the COUNTY or the State of I:Wida associated with, or arising from ownership of, the
Unified Parcel and this waiver shall survive closing.
6. The SeHer(s) will execute and deliver upon demand of the proper officials and agents of the
COUNTY the fol1lowing documents conveying to the CCCU N I Y all of Seller's Less Than Fee
Interest in a manner satisfactory to the legal counsel of the COUNTY:
a) Covenant of Unity of"Title and Restrictions on Future Development and/or Conveyances
(hereinafter"Covenant of Unity of Tifle document")
b) Joinder of IMortgagee (if applicable)
c) Joinder of Non Mortgagee Encumbrance I oolder (if applicable)
d) Grantor's Affidavit of No Encumbrance (if neither b or c above applies)
e) Affidavit of Trustee (if land owned by a Trust)
0 Application to Monroe County Property Appraiser to Consolidate Real Estate 11::'larcels
7. fin consideration whereof the COUNTY agrees that it will purchase all of said Less I han Fee
Interest at the price of $22,500.00. The COUINTY further agrees that after the preparation,
execution, and delivery of the docurnents enumerated above, and after the legal counsel of the
COUNTY shall have approved the documentation releasing the Less I ha Fee Interest. to be
surrendered to and vested in the COUNTY, it will cause to The paid to the Seller(s) the purchase
price, less any costs of coosing 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, 0 & E report
fees, title examination fees, and the Buyer's attorney' fees.. The Sefler(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 Sefler(s)
subject only to the reservalions stated in Section 2 above.
8.. It shall be the obligation of the Seller(s) to pay any assessments outstanding as fiens due to the
County at the date the I ess Than Fee Interest vests of record in the COUNTY.
9. It is mutually understood and agreed that nofice of acceptance of this Agreernent shall be given to
the Seller(s) by email to the address provided by the Sefler(s) or by rnail addressed to the Seller(s)
at the foflowkig address:
2
31265 Avenue D
Big Pine Key, FL 33043
and shall be effective upon date of emailing or mailing and shall be binding upon all of the
Seller(s) without sending a separate notice to each, except as such obligation may be affected by
the provisions of Section 6 herein. l
10. The effective date of this Agreement (hereinafter "Effective Date") shall be that date when the last
one of the Seller(s) and the COUNTY has signed this Agreement.
11. If the Seller(s) 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 to this Agreement. This Agreement may be executed in counterparts. Notwithstanding
I any provision of this Agreement to the contrary, the COUNTY'S obligation to 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 Commissioners, failing which the
parties acknowledge that each shall be released of all further obligations under this Agreement. In
the event this transaction has not closed within one hundred eighty (180) days from the Effective
Date, then either party may terminate 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 Sellers) have hereunto signed their names and affixed their respective
seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten
Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the COUNTY
or its authorized representative, or any other office or agent of the COUNTY authorized to purchase
said Less Than Fee Interest in land, the option and right to enter into this Agreement for Purchase
within ninety (90) days from the execution thereof by the Seller(s).
Seller/Ronald E. Garwood, Jr.
c_ 0 ®��.` a3. o .�� . o ® •cow
Signature ( Date Phone Number Em A ddres
\
Buyer/COUNTY: MONROE COUNTY, FLORIDA
KEVIN MADOK, CPA, Clerk
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i>„..3,A D `u: Clerk Craig ates, Mayor cp.
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_. t �� Date: 3'I 2Z 12023 ,:; ... . "-,t•t_
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\ MOPE%OUNTYATTORNEY'SOFFICE ' -o
� �k�1ilt'rovpct form and legal sufficiency ' = rn
`'"T r i Digitally signed by Robert B.Shillinger %
V DN:cn=Robert B.Shillinger,o=Monroe County BOCC,ou=Monroe C)
o e rt B. Shillinger County Attorney,email=shillinger bob@monroecounty fl.gov,c=US :1')
By: Date:2023.04.1214:13:58-04'00' .iii: +.
Robert Shillinger, County Attorney
3
EXHIBi,r A
Prepared by/Return to:
Gregory S.Oropeza,Esq.
Oropeza Stones Cardenas
221 Simonton Street
Key West,FL 33040
--------I --------- ...... Space AboveThis Line For Recording....................... ------------------
COVENANT OF UNITY OF TITLE AND RESTRICTION ONFUTURE
.................................................................................................................................................................................................................................................................................................................................................
DF.'d'VEL.,0PMENT AND/OR CONVEYANCES
THIS UNITY OF111"I'l.,E SHALL, BE IM"'ORPOR.AlTED IN WHOLE AND
REFERENCED BY 0F1;1('.'IAL RE,(I ORD BOOK AND PAGE NIJMBER AND
D011CUIVIENT NUMBER ON A.I.-J..., TRANSFERS OFTHE BELOWDESCRIBED
REAL PROPER"TY.
WHEREAS, this Unity of Title is granted this , day of 20_, , by
(hereina der" rarntrnr(s)"),to Monroe County,a political subdivision
of the State of Florida (hereinafter "Grantee"), whose address is 1100 Simonton Street, Key West, Florida 33040;
azid
WHEREAS,the undersigned Grantor(s), is/are the sole fiec simple title owner(s)cif the certain below-described real
property(hereinafter"Primary Parcel")that is currently developed with two residential dwelling units 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 ully stated hereim
Parcel Address- ..-Approxicinate Mile Marker-
Parcel(s)/L.ot(s).- Block:
Subdivision:
Key:.................................... ........................................................................................................................................................Plat 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
property(hereinafter"Secondary Parcel")that is not currently developed with a residential dwelling unit or any other
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 hereiw
Parcel Address: Approximate Mile Marker:
Parcel(s)/Lot(s): Block:
Subdivision:
Key;......................................................................................................................................................................................................................................................'Plat Book-,.... Page:
Real Estate Nurnber(s):
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)
to protect the public health,safety,and welfare; and
WHEREAS,the Primary Parcel and Secondary Parcel are subJect to the jurisdiction and requirements of the Monroe
County Comprehensive Plan and the Monroe County,Code(s);and
WHEREAS, this Unity of Title encumbers the Primary Parcel and Secondary Parcel (hereinafter collectively
"Unified Parcel");and
WHEREAS,Grantor(s)hereby attest(s)his/her/its/their recognition that this Unity of Title does not allow the Unified
Parcel to be divided into separate parcels;and
WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recogn.ition that 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,or assigned separately,except in its entirety as one(1)parcel of land-, and
WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that in granting this L)nity 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 holder(s)of any all other encurnbrance(s)of or otherwise Upon the
Unified Parcel is attached as Exhibit(s) ",........................... and .....................,11 If"no such consent is attached hereto, the undersigned
Grantor(s), hereby attest(s)to Grantee that no such rnortgage(s)and that no such other encuinbrance(s)exist(s)l- and
WHEREAS, this Unity of" 'Title is granted in consideration of payment in the amount ofXX thousand dollars
($X.X.,XXX.,,XX)by Grantee to Grantor;and
WHEREAS, the undersigned Grantor(s) and Grantee hereby attest that such County payment in consideration
was/were given pursuant to this Unity of Title, and that this Unity of Title, 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 Undersigned Grantor(s),
tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned
(Jrantor(s),or tenant(s)thereto, from their duty to obtain required federal,state,County,and local approval(s)for ally
future construction of accessory structures or establishment of uses upon the Unified Parcel; and
NOW, THEREFORE, as an inducement to Grantee for and in consideration of Grantee's payment of good and
adequate consideration, the adequacy, sufficiency, and receipt of which are hereby expressly acknowledged and
attested to, the Undersigned Grantor(s) hereby grants,creates,and establishes a Covenant of Unity ofTitle 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 Grantor(s), and tenant(s) thereto, and shall remain in full force and effect forever, and Grantor(s)
declare(s)and grant(s)as follows:
I 11 eeiiifallls.'The foregoing recitals are true and correct and are hereby incorporated as iffully,stated herein.
.........................
2) !,UjEicfion on Devell .op.i! gal..Notwithstanding the general permitted density,this Unity of I'itle::
.................................................................................................. ..
A. limits the total density of the Lhiffled Parcel to two residential dwelling units;and
B. retires all other density and prohibits the transfer of density; 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 on the Unified Parcel-, and
E� does not prohibit additions to the two lawfully established existing residential units.
Habitable space rneans any structure equipped for hurnan habitation such as,but not limited to,office,workshop,
kitchen, dining, living, laundry, bathroom, bedroom, den, family or recreational roorn, professional studio or
commercial occupancy including all interior hallways, corridors, stairways and fbyers connecting these areas.
Garages,exterior stairs and open decks and patios are riot considered habitable structures,,
3) Prohibition of'Parcel Divisioll.This Ur.iity of Title prohibits the Unified Parcel frorn being divided into separate
parcels, subdivided, re-subdivided,platted, re-platted,or conveyed as separate parcels or transferred as separate
parcels regardless of'wNether owned by single or multiple owners.
4) Restriction on Cony—ance. 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,encurnbercd
or assigned separately', except in its entirety as one(1)parvel of Iland.
5) Mm ing Lamiy Er2psily A.P P KAJ s..e r R.e...c.2 r d s.,. 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 siligle real estate parcel for tax roll purposes.
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
Unity of Title hereby conveyed against the lawful claims of all persons whomsoever.
7) This Unity of Title is intended to benefit, run with the land in favor of, and shall inure to
Grantee,Monroe County, Florida.
8) l mradlnn f w The undersigned Grantor(s), and the personal representative(s), heir(s), assign(s), and
successor(s) in tide 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,
shall keep such levies and assessments current, and shall riot allow arry lien(s)on the (Jnified Parcel superior to
this Unity offitle, In the event of failure to so disallow such lien(s), to extinguish such lien(s),and/or to obtain
subordination of such lien(s)to this Unity offitle,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 autornatically relate back to the
recording date of this LJnity of I I itle.
9) Construction mind Inter.retation. 'rhe construction and interpretation of'sucii, and all other, Monroe County
Comprehensive Plan provision(s)and Monroe County Code(s)provision(s)shall be construed in favor of(3yrantee
and such construction and interpretation shall be entitled to Lpreat weight on trial and on appeal.
10) Recordatii)iriAntendmrientModifmcatioiiiior Release,
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 tine Circuit Court of Monroe County and agree to the re,recording
of said docutnents 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
.1
of Circuit Court of Monroe County for recording in the Official Records ofMonroe County, IFFlorudan.
C,, This LJnity of Title may not be rescinded, voided, or released unless and until the Monroe County Board of
County Commissioners (hereinafter "BOCC") approves such rescission, voidance, or release by BOCC
Resolution.
11) S�ubse tm�ent lle�ference�Ret ci�ireniezit,.
A. 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 to thereto, hereby agree(s)to and shall submit
as copy of this filed and recorded Unity of'ritle together with(simultaneously in date and time with)all fijturL
development applications relating to the Unified Parcel. Such subinission 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), departinent(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),
assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, must so
simultaneously furnisha copy of this filed and recorded Unity of Title to any and all federal and state,Monroe
C'ounty, arid 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 reprLsentative(s), heir(s), assign(s), and
successor(s)in title of the undersigned Grantor(s),and tenant(s)hereto,shall reference this Unity ofTitle 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 docurnent nurriber(s)of this Unity
of Title and all previously executed and recorded restrictions.
12) Joint-aired-Seveiral 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
County natural person(s) or legal person(s) are party(ies) to any suit, action, or proceeding, in law or in equity,
initiated, areas initiated, counter-initiated, or filed by the County to enforce any provision(s), restriction(s), or
term(s)contained herein, and consist(s) of more than one person(s) or entity(ics), such person(s) arid entity(ies)
shall be jointly and severally liable,,
13)1!j2!LA1j1gflA1&j!y. This I.Jnity 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), teriant(s),
thereto,or any other non-County party with title to or an interest in the Unified Parcel,unless such assignment is
First approved by Monroe County BOCC Resolution.
14) Notice amid Service of Process.
A, Notice .To Grantee. All notices,consents,approvals, or other communications to Grantee hereunder shall
be in writing arid shall be deerned properly served if sent by U.S.Postal Service Certified Mail,return receipt
requested, in the following for, and address:
Monroe County Planning& Environmental Resources Department:
Attn: Senior Director
Subject- Unity of Title
2798 Overseas Highway
Marathon, FL 33050
And with a copy to:
Monroe County Attorney's Office
Subject: Unity of Title
ill It 12" Street, Suite 408
Key West, 1"L 33040
15) Pi'm Resolution . M a eet- gidC- onfer Prereil u isite. The ndersigned Grantor(s), tenant(s) thereto, the
Hig
personal representative(s), Iheir(s), assign(s), or successor(s) in the title of the undersigned Grantor(s), and
tenant(s) thereto, hereby as that as as first condition precedent to his/her/its/their initiation of litigation or
adversarial administrative proceedings against the County in the fa:n.-ri of'a suit or action arising out of'1 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 as meet and....co nfer 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
after occurrence of the aforesaid meet-and-confer session,such issue(s)shall next as as second condition precedent
to the initiation of such suit or action,be discussed at as public meeting of the Monroe County BOCC occurring
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),teriant(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 suclh 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 f1orida
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 nnor lFloridaa legal equivalent(s)).
16) Limitation of Lihallifflity.
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 rLpresentative(s), heir(s), assign(s), and
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 as Jury trial.
B. The undersigned Grantor(s), tenant(s) thereto, the personal representativc(s), heir(s), assign(s), or
successor(s)in title of the undersigned Grantor(s),and tenant(s)thereto,hereby agree(s)that no charge(s)or
clairn(s) shall be made by it for any delay(s)or the effective date of this Unity of Title.
C. No Waiver. Grantee shall not be deemed to have waived any rights under this Unity of Title unless such
;7aiver has been given,within this instrument,both expressly and specifically.
D. N.2 P..e..r..s..o n a I Li a bJ I.J.11. The County expressly reserves and in no way shall be deemed to wa have ived for
............ .................................... ...................
itself or for its officer(s), ernployee(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,
no covenant,provision,or term of this Unity of Title shall be deemed to be a covenant or agreement of any
officer,employee,or agent of the County in his or her individual capacity,and no officer,employee,or agent
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 T../unity of Title.
E� Noiir%-Refflance�b Third-Parties. No person(s)or entity(ics)shall be entitled to rely upon the terms, or any
................. L.. j 1, i
of them,of this Unity of Title to enforce or attempt to einforce any third.party claim(s)or entitlernent(s)to or
benefit(s)of any service(s),tema(s),or program(s)contemplated hereunder.
17)Ea. Ecement.
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),
or tenant(s) thereto, Grantee shall provide written "Notice of Default" or "Notice of Violation" to such
breach(es)or violation(s)within thirty(30)days of receiving notice of such breach(es)or violation(s),,
B. Granitoir s) Breach or Violation.
L Uncured breach(es) or violation(s), 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), or tenant(s)
thereto,of the ternis ofand restrictions imposed by this LJnity of"ritle shall,without any additional notice
beyond this Unity of'rifle'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)
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 breaches) or violation(s) shall be
presumed to constitute breach(es)or violation(s)that is/are irreparable or irreversible in nature.
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 attomey's fees,including trial,appellate,bankniptcy,and post
judgement costs and collection proceedings for the maintenance or defense of any such suit, action, or
proceeding,to be paid by the losing party(ies)as fixed by the court. Any,judgernent so rendered in favor
of the County in connection with any suit,action,or proceeding arising out of,related to,or in connection
with this I ffifty 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
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,
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),
heir(s), assign(s), and successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, hereby
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.
3, Cuniulative 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 rnay 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 there, to collect damages, and both authorized and
entitled to enforce this I.Jnity of Title by ernerg7ency, prelh[ninary, and permanent inJunction, including
by ex paste motion and action for such inJunction(s), it being hereby expressly and specifically agreed
that Grantee has no adequate remedy at law, or such other legal method as Girantee deems appropriate,
All rights and remedies accruing to the County shall be assignable in whole or in part and be cumulative,-,
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. 17he County's resort to a ny 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),
assign(s),or successor(s)in title of the undersigned Grantor(s),and tenant(s)thereto,hereby agree(s)to
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),
or successor(s)in title of the undersigned Grantor(s),or tenant(s)thereto,to comply with or perform any
act required by or under this Unity of Title shall not impair the validity of this Unity of Title or the
conditions, provisions, reservations, restrictions, rights, or temis hereof or limit their enforceability in
any way.
5 Enforcement of the conditions, provisions, restrictions, and terms of this Unity of Title shall be at the
discretion of the Grantee, Grantee's delay or failure to enforce or omission in the exercise of any
condition, provision, reservation, restriction, right, or term 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 as breach of any of the condition(s),provision(s),reservation(s),restriction(s),right(s),
or term(s) hereof, shall be constmed 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,
k Where required under this Unity of Title or related agreement(s), 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,to ensure the implementation of the govemment purpose
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
tenant(s)thereto, regarding the terms and conditions contained herein.
19),IAK2&sist KY In j!H.rji I .................................................lnvaIldi!...y Severabifit a P ind Survival of rovisions. If a on any condition, provision,
..................2 . ..... ......
reservation,restriction, right,or term of this Unity orritie,or any pottion(s)thereof, is/are held to be invalid or,
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
neither limit nor impair the operation, enforceability, or validity of any other condition, provision, reservation,
restriction, right, term, or any reniaining portion(s) thereof. All such other conditions, provisions, reservation,
restrictions,rights,terms,and reniaining portion(s)thereof shall continue unimpaired in full or and effiLct.
20) Ca jL tions and Para raplriii fleadhvg�s,, Captions and paragraph headings, where used herein, are inserted for
............g__
convenience only and are not intended to descriptively lirnit the scope and intent of the paragraph or text to which
they refer.
2 1) Nay.._E.jjREH.ji'n"a b"r"a"ii'm c"e s". "T'he u g ndersined grantor(s), tenant(s) thereto, the personal mpresentative(s), heir(s),
assign(s),and successor(s)in title of the undersigned Grantor(s),and tenant(s)thereto,represent(s)and warrant(s)
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
effectiveness or operation of this Unity of"T'itle's provision(s), restriction(s), right(s), and term(s) running in
perpetuity in favor of Grantee, Monroe County,Florida.
22) Governing LawsNenue. This I inity of Titic is and the construction and enforcement of the restrictions,teens,
and obligations established therefrom are governed by the Monroe County Comprehensive Plan,and the Monroe
County Code(s),and shall be liberally construed arid 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 arid 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 arid for Monroe County,Florida,
23) Authority_Lq Attest. Each party to this I.Jnity of Title reprLsents and warrants to the other that the execution,
delivery, and performance of this Unity of Title has been duty authorized by all necessary corporate and other,
organizational action,as required,,
24) This Covenant of Unity ofTitle constitutes the entire Covenant of Unity of Title and any
representation or understanding of any kind preceding the date of this L.Jnity of"Thies 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. 'rhis Unity of Titic will becoTme effective upon recordation in the Official Records of Monroe
County, Florida.
TO HAVE AND HOLD UNTO GRANTEE FOREVER.
EXECu'rED ON THIS dayof.....................................................................................20
WITNESSES TO ALL: GRANTOR(S)
............................ ............................................................................---........................................................................................................................................................................
First Witness (Print Narne) Grantor No. I (Print Name)
First Witness (Signature) Grantor No. I (Signature)
(Complete Mailing Address above)
Second Witness(Print Name) Grantor No. 2(Print Name)
Second Witness(Signature) Grantor No, 2(Signature)
(Complete Mailing Address above)
STATE OF'
COUNTY OF_
'Fhe foregoing instrument, Monroe County Covenant of Unity of Title,was acknowledged before
methis-day of 20_,.by........................................................................................................-, p who is ersonally
kn n ow to ine or produced as proof'of identification and did take an odth.
--------------------------------------------------------------------------of ary Public (Print Name and Nowy No
[NOTARY SEA,L
Notary Public(Signature)
MONROE COUNTY FL0111RIDA ACCEIPTANCE OF UNITY. 0 F T I T L E
Ili% Witness Whereof, Grantee accepts the Covenant of'Unity of Title granted above and executes this instmment
the date set forth below.
GRANTEE'�
Monroe County, Florida:
r;t W:itness(Print Narn e Senior Director, Monroe CountyPlanning and
Environmental Resources Department(Print Name)
.........................................................................................................................................................................................................
First Witness(Signature) Senior Director, Monroe CountyPlanning and
Environmental Resources Depaitment(Signature)
e c o n d Witr i e s s(Print Narne) Da t e(Pr int
Second Witness(Signature)
STATE OF
COUNTY OF
Before rae,the undersigned authority, personally appeared
on
this day of 20 who is personally known to me or produced....................................................................--...-as
proof of identification.
Sworn and subscribed to before me this,............... day of ..................................
Notary Public(Print Name and Notary No.)
[NOTARY SEAL]
...........................................
Notary Public(Signature)