The URL can be used to link to this page

Item F4 F.4 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting May 17, 2023 Agenda Item Number: F.4 Agenda Item Summary #12071 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 24, Lots 11, 12, 13, and 14, Palm Villa on Big Pine Key near mile marker 30 from Greg Lepock and Cynthia Gavin, also known as Cynthia Ann Gavin for density reduction purposes for the price of $46,876. 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 25,000 square foot site at 30416 Coconut Highway on the bay side of Big Pine Key near mile marker 30 and is developed with one dwelling unit. Lots 11 and 12 are developed with a house and attached garage. Lots 13 and 14 are partially mowed lots with patches of native vegetation and a chain link fence. 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 one residential dwelling unit • Retire all other density and prohibit the transfer of density off site • Prohibit new accessory structures providing habitable space • Not prohibit accessory uses and non-habitable accessory structures • Not prohibit additions to the lawfully established existing residential unit 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 $46,876. Since there is no separate market land value listed for Lots 13 and 14 on the Monroe County Property Appraiser's website, this purchase price of $46,876 ($23,438 per lot x 2 lots) is based on the $23,438 current market land value listed for a comparable lot in the subdivision on Coconut Highway (Block 24, Lot 3). The estimated closing costs for this transaction will be approximately $1,285. Packet Pg. 1241 F.4 PREVIOUS RELEVANT BOCC ACTION: The Board established and modified the Less Than Fee program though the adoption of Resolutions 175-2018, 438-2018, 063-2020, and 128-2022. 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: May 17, 2023 Expiration Date: None Total Dollar Value of Contract: $46,876.00 plus estimated closing costs of$1,285.00 Total Cost to County: $48,161.00 Current Year Portion: $48,161.00 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: $46,876.00 plus closing costs estimated to be approximately $1,285.00 05/17/23 NEW COST CENTER ADDED $48,161.00 REVIEWED BY: Mark Rosch Completed 05/01/2023 3:21 PM Cynthia Guerra Completed 05/01/2023 3:29 PM Christine Hurley Completed 05/01/2023 3:37 PM Purchasing Completed 05/01/2023 4:17 PM Bob Shillinger Completed 05/01/2023 4:43 PM Budget and Finance Completed 05/02/2023 7:52 AM Risk Management Completed 05/02/2023 10:13 AM Packet Pg. 1242 F.4 Lindsey Ballard Completed 05/02/2023 10:33 AM Board of County Commissioners Pending 05/17/2023 9:00 AM Packet Pg. 1243 F.4.a qPublic.net"' 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 a just valuation 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 U) hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for 0 any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00282560-000000 niQa� ///�///////// CL 0 Account# 1354520 Property ID 1354520 MillageGroup 100H Location 30416 COCONUT Hwy,BIG Address PINE KEY Legal B K 24 LTS 11,12,13&14 Description PALM VILLA BIG PINE KEY PB1-89OR520-67OR590 f /,,,,r CIL 525 OR617-892 OR764- � 1839 0 R808-1314 0 R823- 2105 OR1076 2035 OR1126 1063OR1379-536 �aa'fa II4ua laa be ir,ud oui Ila.r9i,�ll ayaaa.uinnaanil°,.1 Neighborhood 581 Property Class SINGLE FAMILY RESID �,n J l�n � M CIL (0100) Subdivision PALM VILLA "e Sec/Twp/Rng 23/66/29 Affordable No Housing CN Owner LE POC K G REG GAV I N CYNTH IA AN N 30416 Coconut Hwy 30416 Coconut Hwy U) Big Pine Key FL 33043 Big Pine Key FL 33043 0 Valuation CN 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values U + Market Improvement Value $287,061 $253,150 $174,874 $174,874 0 + MarketMiscValue $15,742 $15,976 $4,536 $4,536 + Market Land Value $233,220 $188,250 $175,688 $177,781 = Just Market Value $536,023 $457,376 $355,098 $357,191 = Total Assessed Value $127,046 $123,346 $110,361 $107,880 I School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000) 0 = School Taxable Value $102,046 $98,346 $85,361 $82,880 U Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2021 $188,250 $253,150 $15,976 $457,376 $123,346 $25,000 $98,346 $334,030 i 2020 $175,688 $174,874 $4,536 $355,098 $110,361 $25,000 $85,361 $244,737 2019 $177,781 $174,874 $4,536 $357,191 $107,880 $25,000 $82,880 $249,311 U 2018 $159,626 $177,446 $4,528 $341,600 $105,869 $25,000 $80,869 $235,731 0 lua.Il`A�a;nllirimririnIloii L�aIbllulsir,uniiurluirin,ikaoirulls iiidnd-io.rlayiniWlbei. dlua.al rpnanru d-luiaab.mlllppoiiMbIIIIPk,s nnoui[iik oi[iiliH:k o.nWhicu Wvo.lifyd-iu Hbmllppoii Mlblluls�irinoiaiiL � d2 Land CIL Land Use Number of Units Unit Type Frontage Depth U RESIDENTIAL DRY(010D) 12,500.00 Square Foot 0 0 RESIDENTIAL DRY UNPERMITTED(01DM) 6,250.00 Square Foot 50 125 RESIDENTIAL DRY UNPERMITTED(01DM) 6,250.00 Square Foot 50 125 Buildings Building ID 15261 Exterior Walls C.B.S.with 22%B&B Style GROUND LEVEL Year Built 1969 Building Type S.F.R.-R1/R1 EffectiveYearBuilt 2010 Gross Sq Ft 2633 Foundation CONCR FTR Packet Pg. 1244 F.4.a Finished Sci Ft 1497 Roof Type GABLE/HIP Stories 1Floor Roof Coverage ASPHALT SH I NG L with 48%M ETAL Condition AVERAGE Flooring Type CONCABOVEGRD Perimeter 188 Heating Type FCD/AIR DUCTED with 0%NONE Functional Obs 0 Bedrooms 2 Economic Obs 0 Full Bathrooms 2 Depreciation% 13 Half Bathrooms 0 Interior Walls DRYWALL Grade 550 Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter CPF COVERED PARKING FIN 528 0 0 U) OPX EXC OPEN PORCH 32 0 0 SPX EXEC SC PORCH 168 0 0 FLA FLOOR LIVAREA 1,497 1,497 0 SBF UTIL FIN BLK 408 0 0 TOTAL 2,633 1,497 0 Yard Items 0 CL Description Roll Year Size Quantity Value Grade FENCES 1975 3 x 65 1 $2,342 4 CONC PATIO 1975 O x 0 1 $1,867 1 UTILITY BLDG 1984 10 x 8 1 $1,569 2 CH LINK FENCE 1984 4x 200 1 $1,776 1 CH LINK FENCE 1996 4 x 232 1 $2,060 1 CIL FENCES 1984 6 x 60 1 $1,591 2 2) LC UTIL BLDG 2000 4 x 5 1 $134 1 IM BRICK PATIO 2020 O x 0 1 $11,673 2 Permits M Number Date Issued Date Amount Permit Type CIL Completed Notes 20101454 7/24/2020 10/1/2020 $9,250 Residential INSTALL 1230 SQ FT PAVER DRIVE AND WALKWAY 19104246 1/23/2020 2/3/2020 $19,600 Residential REMOVE AND REPLACE 2673 SQ FTOF EXISTING ROOF MATERIAL.INSTALL POLYSTICKTU UNDERLAYMENT.INSTALL 3"X3"CUSTOM EAVE DRIP.INSTALL GALVALUME ROOF 17104838 8/8/2017 1/23/2018 $5,500 Residential N T_ 02104827 12/2/2002 1/24/2003 $3,240 Residential RE-ROOF 1218 S.F.OF RESIDENCE.REMOVE EXISTING AND RE-ROOF FLAT DECK WITH MODIFIED 3"X 3"26 GAUGE GALVANIZED EAVE DRIP 99100683 3/12/1999 12/13/1999 $475 Residential ELECTRIC 91103021 6/1/1991 7/1/1991 $850 Residential OPEN PORCH O 8616557 11/1/1986 12/1/1986 $1,400 Residential CARPORT/SLAB 4 8614660 1/1/1986 5/1/1986 $55,440 Residential SFR N 8614661 1/1/1986 2/1/1986 $300 Residential LANDCLEARING cy O View Tax I nfo View Faxes for L,mi'I% pS!:4elll; ,.., , :. . l dS CL Sketches(click to enlarge) LM CIL c� I U O c� CIL U E c� Packet Pg. 1245 F.4.a SP7f (168) LL 12 (� U) U) 14 11 SBF (408) (� 17 17 0 18 24 4 CPF CL 10 (528) �9 FLA 6 (1497) (� 4 22 18 29 8 OPX m (32) CL 24 CN 16 U) 0 5 15 N U 0 Photos 1 CL CL � yy 2 E U Packet Pg. 1246 F.4.a Map C I i U) U) n� U 0 CL TRIM Notice CL .............................................................................................................................................. :2022II'^4ovices Only M No data available for the following modules:Sales. CL Schneider U Y,�it II°iruv ma yr 11 Aysllga°y, � Bllo°Ilg IDriiv pa,yr,Nq,ua.z,, a :1 t UYpblla /� lQ,f i,l,1,Ps Q;f1 I fl e ee /ee„ , 0 C°J U CL 0 LM CL I U 0 CL U E U Packet Pg. 1247 F.4.b Block 24, Lots 11, 12, 13, and 14, Palm Villa Big Pine Key U) U) d p N U) f r 0 CN 30 / ?4u7V711t31' C1fJ 37 HIBISCUS L f - � � � l N eau � n0 0 LM LOCL m I �y I 3 83�7Q DA u1 u f Ili j w Packet Pg. 1248 4/25/23,3:22 PM gPublic.net-Monroe County,FL-Report:00282480-000000 ,, i� . ' Monroe County, FL Disclaimer 9= M 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 any other purpose. By continuing into this site you assert that you have read and agree to the above statement. 0 Summary 0 �� CL Parcel ID 00282480-000000 �' I I� d { u�' ��; �d q) Account# 1354457 Property ID 1354457Y MillageGroup 100H ) Location VACANT LAN COCONUT Hwy,BIG PINE KEY q2 Address Legal BK 24 LT 3 PALM VILLA BIG PINE KEY PBI-89 OR447-638 Description OR661-191 OR786-1704 OR1570-1601 OR2852-1657 CL (II"aauteu IINot to be uu and on Ile gall r„ocuaunrns^uats,) .0 Neighborhood 581 IM Property Class VACANT RES(0000) Subdivision PALM VILLA _ Sec/TWp/Rng 23/66/29 Affordable No Housing CL 7 Owner TIrl�s ppp�cu�s ............................................ 30458 Coconut Hwy Big Pine Key FL 33043 U) Valuation 0 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values + Market Improvement Value $0 $0 $0 $0 CN + Market MiscValue $0 $0 $0 $0 Ile + Market Land Value $23,438 $18,750 $18,750 $18,750 O = Just Market Value $23,438 $18,750 $18,750 $18,750 = Total Assessed Value $20,625 $18,750 $18,750 $18,750 School Exempt Value $0 $0 $0 $0 = School Taxable Value $23,438 $18,750 $18,750 $18,750 I O LM CL Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2021 $18,750 $0 $0 $18,750 $18,750 $0 $18,750 $0 M 2020 $18,750 $0 $0 $18,750 $18,750 $0 $18,750 $0 I E 2019 $18,750 $0 $0 $18,750 $18,750 $0 $18,750 $0 O 2018 $20,313 $0 $0 $20,313 $20,313 $0 $20,313 $0 L I) 111maMllAaaAn°iauaiuin11:1uu°aaallaiill11tynsan sahinaaaar only and sllmuullrlu not llbei°elllieduupoiimrru;,the acurrallpaai°taallaiilftyau°inoijiintt Contact ou,aiiiofficautoveiilifytIlmauacuirralllljoi°tallpiilftyau°inouaiint, Land Use Number of Units Unit Type Frontage Depth U RESIDENTIAL DRY UNPERMITTED(01DM) 6,250.00 Square Foot 50 125 O U Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee CL 4/28/2017 $150,000 Warranty Deed 2121714 2852 1657 37-Unqualified Vacant KIEMSTANLEYC U View Tax Info Mew"Ilauxes for 0-fl s IPaarcelll ............................................................. U https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=945521828&KeyVal Packet Pg. 1249 4/25/23,3:22 PM gPublic.net-Monroe County,FL-Report:00282480-000000 i u � U) U) n� J i 0 CL dp Map II R C U) TRIM Notice CN EEEEE] U 20221114oftmOnlyI I No data available for the following modules:Buildings,Yard Items,Permits,Sketches(click to enlarge). Tiralir r:r,,i ii/ � T: by ffte I1""J 11""J i pr'rty/AtJ ii i tJ r;'.t r„ rvyy;",lu�yy i I, ,,,,di 11 '( f�y/'AU 11h i r"" ii/ V if A , ity i/ Schneider � "'i/ thf il'i « Ilkf.//I.f r,1�3 ) n,r i,r, ig it i,,, /e:e, in / i f ie. ,iilh,,�nr�, GEOSPAr[AEL � ljsein lEKWaq IF.11' �a,� /r ,;:;i;3,1,4 L I U 0 C5 U E C5 https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=945521828&KeyVal Packet Pg. 1250 F.4.d 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 Gregory Lepock and Cynthia Gavin, also known as Cynthia Ann Gavin (hereinafter "Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY"). E WITNESSETH: 1. The Seller(s) represent they are the owners of the following real property (hereinafter "Primary Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of E Florida, that is currently developed with a residential dwelling unit and is more particularly described as follows; to-wit: Block 24, Lots 11 and 12, Palm Villa (PB 1-89) RE #00282560-000000 C 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� Block 24, Lots 13 and 14, Palm Villa (PB 1-89) RE#00282560-000000 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 $46,876.00. 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. 1251 F.4.d 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 0 CL 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 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 E 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 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 C 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) 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: a) Covenant of Unity of Title and Restrictions on Future Development and/or Conveyances ED (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 $46,876.00. 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 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. 1252 F.4.d 30416 Coconut Highway Big Pine Key, FL 33043 c� 0 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. 10. The effective date of this Agreement (hereinafter "Effective Date") shall be that date when the last S one of the Seller(s) and the COUNTY has signed this Agreement. CL C, 11. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until April 18, 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 E 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 cli the event this transaction has not closed within one hundred eighty (180) days from the Effective C; 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. 0 IN WITNESS WHEREOF, the Seller(s) 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/Gregory Lepock U J/k- Y` 3 -W 7 � � tea► � " .2 4intur Date Phone Number Ehiaii AdkirAs Seller/Cynthia Gavin, also known as Cynthia Ann Gavin . V. / � 1h 4Qnure D to Phone Number mail Address Buyer/COUNTY: MONROE COUNTY, FLORIDA KEVIN MADOK, CPA, Clerk U) y: Deputy Clerk Craig Cates, Mayor (Seal) Date: Packet Pg. 1253 EXHIBIT A Prepared by/ to: Gregory S.Oropeza,Esq. 0 Oropeza Stones Cardenas CL 221 Simonton Street Key West,FL 33040 ----------------------------- Space Above This Line For Recording---------------------------- - 2M COVENANT OF UNITY OF TITLE AND RESTRICTION ON FUTURE E DEVELOPMENT AND/OR CONVEYANCES THIS I M"IN' OF 11'11�L,E SHALL BEINCORPORATE11) [N WHOLEAND R -1 1 IKFEIMNCE'D RE( ORD BOOK AND PAGE7NlNBER AND C4 DOCUM I!Wr NUN413ER 0 N ALI, 'TRANS14'ERS OFTI IE Bls'LOW DESCRI �31U) REAL III IMII ER"IN. U) 0 WHEREAS, this Unity of Title is granted this ..day of 20 by ............ (hereinafter"Grantor(s)"),to Monroe County,a political subdivision C14 of the State of Florida (hereinafter "Grantee"), whose address is 1100 Simonton Street, Key West, Florida 33040; _Ile 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 a residential dwelling unit 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: > 0 U Parcel Address: Approximate Mile Marker: Parcel(s)/Lot(s): Block: .2 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 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: A proximate Mile Marker: E p Parcel(s)/Lot(s): Block: Subdivision: Key: It Book: Page: Real Estate Number(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 E WHEREAS,the Primary Parcel and Secondary Parcel are subject to the jurisdiction and requirements of the Monroe Packet Pg. 1254 County Comprehensive Plan and the Monroe County Codc( );and WHEREAS, this Unity of ?lUc encumbers the Primary Parcel and Secondary Parcel (hereinafter collectively CL "Unified Parce|");and w � WHEREAS,{}rooior(m)hereby atteut(o)biaAbor/its/tbcir recognition that this Unity uf Title does not mU wo�ih�Dni��d �e Parcel 0nhe divided into separate parcels;and WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that the Unified Parcel shall hereafter 2M 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 WRXDCRDCAS" 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 toa single principal use(remideode))structure M nn the Unified Parcel; and ~� � WHEREAS,the consent of all mortgagee(s)and holder(s)of any all other encumbrance(s)of or otherwise upon the Unified Parcel is attached as Exhihit(a) " " and " ." If no such consent is attached hereto, the undersigned C4 Grantor(s), hereby attest(s)to Grantee that no such mortgage(s)and that no such other encurnbrance(s)exist(s); and V-:, V_ WHEREAS, this Unity of 7idc is granted in consideration of payment in the amount of %X thousand dollars 10 _j ($XX �� )hy�raut�ctoGmn�oc and , � . ~� WHEREAS, the undersigned Grantor(s) and Grantee hereby attest that such County payment in consideration was/were given pursuant iothis Unity ofTitle, 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;andCU �~ WHEREAS,this Unity of Title does not discharge,exempt,waive,or otherwise release the undersigned(]ran1nr(u)` tenant(a) thereto, the personal rcprcueniudvc(y), heir(s), assigo(s)` and successor(s) in title of the undersigned > (}nantor(a),ortcnant(o)thereto,from their duty to obtain required federal,state,County,and local uppmova\(m)for any L) future construction of accessory structures or establishment of uses upon the Unified Parcel; and NOW, THEREFORE, omuo inducement toGrantee for and in consideration of Grantee's payment ofgood and adequate consideration, the adequacy, sufficiency, and receipt ofwhich are hereby expressly acknowledged and 0 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 uodcroignedGrontnr(n), and teomnt(u) thereto, and uba!| remain in tu[\ force and effect forever, audGraoinr(x) ' dec|uoc(u)and @runt(a)uofollows: W |) Recitals. The foregoing recitals are true and correct and are hereby incorporated uoif fully stated herein. 3: 2) Restriction on Development.Notwithstanding the general permitted density,this Unity ofTitle: A. |imi�uih��n�u| d�oai�yuy�hc Unified Parcel �uou�r�yid�ndo| dvv�\|in�uni�� and n� � ` B. retires all other density and prohibits the transfer ofdensity; and CU C. prohibits new accessory structures providing habitable space outhe Unified Parcel; and � D. does not prohibit accessory uses and non-habitable accessory structures onthe Unified Parcel;and S. does not prohibit additions tnthe lawfully established existing residential unit. Habitable space means any structure equipped for human habitation such as, but not limited to,office, kitchen, dining, living, laundry, bathroom, bedroom, den, family or recreational room; professional studio or commercial occupancy including all interior hallways, corridors, stairways and foyers connecting these areas. CL Garages,exterior stairs and open decks and patios are not considered habitable structures. z� � 3) Prohibition of Parcel Division.This Unity of Title prohibits the Unified Parcel from being divided into separate w �e 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. J� 2M 4) Restriction on Conveyance. The Unified Parcel ohu\\ hereafter exclusively bc considered as uuc (|) puocu\ of M land, and that no portion of said parcel of land may hereafter be sold, transferred, devised, pledged, encumbered or assigned separately, except io its entirety ao one(\)parcel ofland. = 5) . Simultaneously with execution of this covenant of Unity of Tide {}cuoto�mha|| mok�app|iva1ionvviihtb�K�ouo»�Couo�ypnmp��y��ppreis�r�ocomhio��b��rima�y�aoc�| — , ~� and Secondary Parcel under this Unity of Title msasingle real estate parcel for tax roll purposes. � 0) No Conflicts.The undersigned Grantor(s)hereby covenant(s)with Grantee that Grantor(s)is/are lawfully seized C4 of the Unified Parcel in fee simple �cand�|�a�ufu\|�noub�aocoo�ba�arcinuon»iuicn1vvi�b�bc��rnouu[uud �- 6 ru cxhibi1om�uobed0o this Unity ofTidc,and fully e�ost(o), warran1(s),and detend(o)the ddcto and i�erestinthe �� Unity of Title hereby conveyed against the\awful claims ofall persons whomsoever. 7) Perpetual Duration. This Unity of Title is intended to benefit, run with the land in favor of, and shall inure to ~i CN Grantee, Monroe County, Florida. 8) Binding Effect. The undersigned <}oantor(s), and the personal repremento1ive(s), hcir(o), maoiQu(o), 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 shall keep such levies and uuscoomeoto current, and oho|| not u\|ovv any lien(s)on the Unified Parcel Superior to this Unity ofTitle. ln the event of failure 1oso disallow such |ieo(u), to extinguish such \icn(a)` and/or tuobtain o subordination of such lien(s)to this Unity of Title, in addition to any other rernedy,the darnage(s)and/or debt(s) owed to Grantee ybu|\ constitute u \ico against the Unified Parcel which shall automatically relate back to the recording date o[this Unity o[Title. 0) Construction and I 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 ontrial and on appeal. |0) Recordation,Amendment, Modification or Release. = A. The undersigned<]rantor(u) hereby agree 0otheo:con1ingoftbeOui\yofTit|ciogetherwitba|| uppropriate � and required Joinder(s) with the Clerk of the Circuit Court of Monroe County and agree to the re-recording of said documents at any time Grantee may require to preserve its(Grantee's)rights. B. No amendment nx modification to this Unity of Title in effective unless agreed to in writing hy both Grantee �^ and the undersigned Grantor(s)and filed,together with all appropriate and required Joinder(s),with the Clerk of Circuit Court of Monroe County for recording io the Official Records uf Monroe County, Florida. CU C. This Unity o[Title may not be rescinded, voided, orreleased unless and until the Monroe County Board of CL County Commissioners (hereinafter `^BOCC") approves such rescission, voidance, or release by B()CC Resolution. l|) A. The undersigned Gmotor(a), tuoant(s) &ereto the personal heir(s) and CL auuueoxnr(y) in title of the undc, ino�d{]�on�/�u `audt�oonz o)tbcrcto, h�rebv agree(s)*(o)tounds�dl submit 0~ ' ' - z� a copy of this filed and recorded Unity of Title together with(simultaneously in date and time with)all future development applications relating (othe Unified Pocuc[. Such submission by the undersigned Gruotor(o), w tenant(s)thereto,the personal representative(s),heir(s),assign(s),and successor(s)in title of the undersigned — &contor(o), and tenant(s) thereto, abo1| he to the ugeocy(ico), depurtmcot(o), and office(s) in receipt of or J� niborvviye receiving such development application(s) This��guir�nu�n� is non-exclusive�o h�wn�*�County — � �0 agencies,departments,and offices,and is to be construed as inclusive of all reviewing federal,state, Monroe E County, and local agencies, departments, and offices in receipt of or otherwise receiving such development app|icudon(s), such that the undersigned Goaotor(s),tenun1(a)thereto,the personal rcprescntative(o), hcir(y), uami&n(s), and successor(s) in ddc of the undersigned Gxunior(u)` 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 ofor otherwise receiving such development ~� app|iuotien(o). � B. The undersigned Gruntoc(e)` tcnuni(o)' thereto, the personal repncacnta1ive(o), beic(a), aauign(u), and C4 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 tnoran interest in the Unified Parcel, including the recording book and page number(s)and document number(s)of this Unity nf Title and all previously executed and recorded restrictions. -J 1�i w 12) . If the undersigned (}/untor(u)' tenant(s) thereto, the personal repreyemtmdvo(s), heir(o)` uamigo(u), and successor(s) in title of the undersigned (}rontor(x), tcupnt(u), thereto, or any other oon- County natural person(e) or legal person(s) are party(icu) to any suit, action, or proceeding, in law orinequity, initiated, cross-initiated, counter-iudiated, or filed by the County to enforce any pnnvision(s), reutrichou(o), or tenm(m) uootained herein, and coonist(s)of more than one pcoou(x)orcotiiy(ied, Such po/son(x) and uniity(ies) shall be jointly and severally liable. |]) This Unity nf Title shall not be assignable bv the undersigned(3raoinr(s),icnunt(a), thereto, the personal reps:yentadve(s), heir(y), amsign(e). ormuucuaawr(e) io title of the undersigned Grun0ur(s)' tenant(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 ��onroeL�ounh/ B()(�C Fleon|ohon. � � � \4) Notice and Service of Process. A. Grantee. All notices,consents, approvals, or other communications to Grantee hereunder shall 1X beio writing and shall be deemed properly served if sent bvD.B. Postal Service Certifi Mai l,return receipt W requested, in the following for,and address: Monroe County P|auniogJk Environmental Resources [)cpartnncn1 Attn: Senior Director Subject: Unity ofTitle 27V8 Overseas Highway Marathon, FL 33050 CU And with m copy to: � � Monroe County&ttnruey`eOffice Subject: Unity ufTitle lll| 12mStreot, Sui1e4UQ Key West, BL33O4O 15) The undersigned Gmntor(»), tenumt(o) thereto, the personal rcprcocnta ive(s)' heida), aouign(o)' or successor(s) in the title of the undersigned (]runtor(a), and w tenant(s) ihmcc1o, hereby agree(s) that as u 6rai condition precedent to his/her/its/their initiation of litigation or �~ w 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(o) by a meet-and-confer session between himself/herself/themselves andCL Monroe County P\mnningdt Environmental Resources Department staff and counsel of the Monroe County 2M Plumuio8& Environmental HLcoouroem 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 a second condition precedent to the initiation of such suit or action, be discussed at a 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),tenant(s)thereto,the personal " reprcscotutive(a), hcir(a), aaaigo(o), orsucccoyor(x) io title ofthe undersigned {}run1wr(u), uodtcnant(s) thereto, ~� hereby agree(a) that in the event he/she/it/they so initiate such suit or action without au1iafvin� both of ' conditions precedent to their initiation or litigation or adversarial administrative proceedings against the County, that the County ohu|| automatically be entitled to an Order granting Grantee's Motion to Dismiss and Florida Cq Statute Sec. 57.105 (2015) Motion for Sanctions and A^tturocy`a Fee (or, ut Grantee's election (if upp|ioob\e), their Florida statutory oquiva|cni(y), Federal equiva)eot(y),ornon-Florida [ega|cquiva\cnt(m)). \6) . —^ w A. In the event of any litigation concerning the conditions, provisions, revisions,or terms of the Unity of Title, Grantee, the undersigned 0rantor(s), (eount(e)tbcreto, thcpersoou| reprmuen\a ive(s), bcir(s), ouaign(u), and .B 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 1n u jury trial. B. The undersigned [>raotnr(y), tenant(s) thereto, the personal repncoeutativc(s), heir(a), aumigo(y)" or successor(s) in title of the undersigned Grantor(s),and tenant(s)thereto,hereby agree(s)that no charge(s)or U claim(s) ybm!| be made by it for any delay(s)or the effective date ofthis Unity of Title. C. No Waiver. (3coutce shall not be deemed to have waived any rights under this Unity of Title unless such waiver has been given, within this instrument, both expressly and specifically. 0 � � D. No Personal Liabili . The County expressly reserves and innoway uhu|| bc deemed to have waived for itself or for its of5ccr(s)` emp[oyee(o), or ugeu1(m), any sovereign, governmental, and any other oinoi|ur defense, immunity, exemption,or protection against any suit, cause-of-action,demand,or liability. Further, X no covenant, provision, or term of this Unity of Title shall be deemed to be a covenant or agreement of any W officer,employee,or agent of the County in his or her individual capacity,and no officer,employee,or agent -~ of the County ohu|\ he liable personally in this Unity of Title nrhe subject inany permunu\ liability or accountability by reason of the execution of this Unity ofTitle. E. . Nnpeoon(m)orenbty(iuo)shall he entitled to rely upon the terms, *rany � of them,of this Unity of Title to enforce or attempt to enforce any third-party claim(s)or eotiUement(m)tonr bcuefit(o)of any oen/ice(s)' tcrm(s),orprogrum(o)contemplated hereunder. 17) Enforcement, � � A. Default Notice. In the event of breach ur violation ofthe restrictions or terms hereof byGrantor(o),teoan1(a) thereto,the personal representative(s),heir(s),assign(s),or successor(s)in title of the undersigned Grantor(s), or tenant(s) thereto, Grantee ehu!| provide written "Notice of Default" or "Notice of \/io[udoo" to such breach(es)or violation(s)within thirty(30)days of receiving notice of such breach(es)orvin}atk,n(s). B. Grantor(s) Breach or Violation. 0 CL \. Uncured breach(es) or vin|atiou(a), by the undersigned (}run�o��)` tenant(s) thereto, the z� - rupreueuia ive(s), hcir(s)` uooiQn(u)' or successor(s) in title of the undersigned Gruntor(y)' or icnun��) w � thereto,of the terms of and restrictions imposed bvthis Unity o[Title shall,without any additional notice beyond this Unity of Title's recordation, em6du Grantee to immediately suspend and/or rescind, without JE liability to Grantee, development applications, pending permits, approvals, and inspections,ono, and issued 2M development order(s)contingent upon the effectiveness of this Unity of Title and Grantor(s)compliance thereto, the compliance oftenaut(n) thereto, the compliance of the personal repm:senia6vc(o), heir(u)` aoaigo(y), or successor(s) in title of the undersigned Grantor(s) thereto, and the compliance oytenaot(y) thereto, with the terms of this Unity of Title, applied for orthose pcnuiio, approvals, and/or inspections necessary to cure such breach(es) or violotion(e). Such uncured breach(es) o/ violation(s) shall he �@ presumed to constitute breach(es)nrvin[adon(u)that is/are irreparable or inrcvenxih\c in nuture � � ~� 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, C4 the County shall bc entitled to reasonable uttoroey`s fees,including trial,appellate,bankruptcy,and post- judgement uoytyandun|\ec6oupnncccdin&sfhrthomuinkenuoccorde/eoscofanysuchyuit, autiou, or proceeding,tobu paid bv the losing purty(iee)uu fixed bw the court. Any judgement mo rendered infavor of the County in connection with any suit,action,or proceeding arising out of,related to,or in connection -J with this Unity if Title, yhu|| bear interest ai the highest rate allowed by law. The County may recover ~� reasonable\eOu|and professional fees attributable to the preparation,administration,and enforcement of such suit, action, or proceeding, from any person(s) and/or eutity(ieu) from or whom o demand or enforcement request is mode, regardless of actual initiation of a suit, action, or proceeding. These remedies are io addition toany otherm:nuudy, fine,orpenalty which may be applicable under, including, but not limited to, Chapters 162.373` uod483, Florida Statutes, and any other action at law wciuequity. CU Grantee hereby agrees and the undersigned Grantor(s), tenant(s) thereto, the personal reprcscniadve(e), heir(m), aysigo(s), and aucucaoo/(m) in title of the undersigned Gruntor(a), and tenant(s) thereto, hereby 0 agree that suits, actions, and proceedings arising out of, related to, or in connection with this Unity of Title shall he in accordance with the Florida Rules ofCivil Procedure. ' J. Cumulative BLcmcdi:a. In the event of any breach or violation of the restrictions or terms contained � � herein,Grantee shall,without liability ioGrantee, have the right toproceed at law or in equity as may be � necessary to enforce compliance with the restrictions or terms hereof, to enjoin activities, construction, maiotenunce, practices, repairs, and uses inconsistent with the n:atziubuns or terms hereof, and to otherwise prevent the breach or violation o[any of them, to collect damages, and both authorized and X entitled tu enforce this Unity of Title byemergency, preliminary, and permanent injunction, including W by oxpmrte motion and action for such i 'unchoo(m), it being hereby expressly and specifically agreed that Grantee has no adequate remedy at law, or such other legal method as Grantee decnux appropriate. All rights and remedies accruing to the County shall be assignable in whole mrio 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. TheCounty`a resort toany one \ow(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(ieo). The undersigned Go^ntor(w), tenant(s) thereto, the personal rupreaeota1ive(m), beir(s)` CU 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 ocdnn(e). � � 4. Failure of the undersigned Grootor(m)' tenunt(s)thereto,the personal ropresentuiive(s).heir(s), usoign(y), or successor(s) in title of the undersigned Grantor(s),or tenant(s)thereto,to comply with or perform any uu1 required by or undcr this Unity of Title ahu}| not impair the validity of this Unity of Title or the conditions, provisions, reservations, restrictions, rights, or terms hereof or limit their eo6nccabUdv in any way. CL 5. Bo6/nccmoeoi 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 zJ condition, provision, reservation, restriction, right, or term contained herein, however long continued, 0 � 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), J� � or term(s) hereof, shall be construed to be a waiver of any succeeding breach of the same condition(s), �0 provioioo(s), n:ycrvo1ion(u), reytricbon(o)' right(y),nrterm(o)6eo:ot E |8) Miscellaneous. A. . Where required under this Unity of Title or related agreenucn1(a), the undersigned M Grantor(u) ��uout(a)ibcr�io �b�p�cmnoa| rcpo:ouo�a�iv�(a) b�ir(o) muuiAu(a) and successor(s) in — , , , , , ~� undersigned Grantor(s),and tenant(s)thereto,shall,to ensure the implernentation of the government purpose yudhuo:d by this Unity of Title, cooperate with Grantee's reasonable requests submitted to (}rantur(s), tenant(s) thereto, Grantor's personal nopmcoeotative(m)` beir(y), aosi8m(s), and successor(s) in tide, and C4 tcnunt(m)thercto, regarding the terms and conditions contained herein. � � 19) If any condition, provision, reservation, o:o16ctiou' right, or term of this Unity of Title, or any portion(s)thereof, is/arc held to be invalid or -J unenforceable in or by any administrative hearing officer or court ofcompetent 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 rcmaioingpnrtioo(u) thereof. All such other conditions, provisions, reservation, restrictions, rights, terms, and remaining portion(s)thereof shall continue unimpaired in full force and effect. 20) Captions and Paragraph Headings. Captions and paragraph headings, where used herein, are inserted fbr convenience only and are not intended to descriptively limit the scope and intent of the paragraph ortext to which 0 they refer. 21) No Encumbrances. The undersigned gruntor(a), tenant(s) thereto, the personal repreaentudve(y), hoir(s), assiAo(o),euduucccyyor(o)io title of the undersigned&routor(m),and 1coaot(u)thereto,repreoeut(u)and wuoant(s) m that, tohia/hor/iis/their knowledge, there are no superior encumbrances ormaterial claims, cause-of-action, or � other proceedings pending or threatened io respect 0othe ownership, operation,or environmental uondidon(m)of the above legally described property that may, mbe|L or will diminish, extinguish, interrupt, or subordinate the cDeudvencoo or operation of this Unity of Title's provioion(u), n:o16ution(s), duht(m), and term(o) running in �X -perpetuity in favor nfGrantee, Monroe County, Florida. mu 22) Governing LawsNenue. 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 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 po|iuy(ica) and purpose(s) of the Monroe County Comprehensive 9\un and the Mu000u County Cnde(a). 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. 2]) Authority to Attest. Each party tothis Unity of Title represents and warrants tothe other that the execution, delivery, and performance of this Unity ofTitle has been duly authorized by all necessary corporate and other organizational action, as required. 24) . This Covenant of Unity of Title constitutes the entire Covenant uf Unity of Title and any 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. 0 CL 0 25) Effective Date. This Unity of Title will become effective upon recordation in the Official Records of Monroe County, Florida. 2M E Cq U) 0 C14 0 U .2 U) X W E E Packet Pg. 1261 F.4.d FOREVER.TO HAVE AND HOLD UNTO GRANTEE 0 EXECUTED ON THIS day of , 20 WITNESSES TO ALL: (S) First Witness(Print Name) Grantor No. I (Print Name) E First Witness(Signature) Grantor No. l (Signature)( g ) ( g ure) C (Complete Mailing Address above) cN SecondWitness (Print Name) Grantor No. 2(Print Name) CU ........................................................................................ .,,.,_..__,,,_„ Second Witness(Signature) Grantor No. 2(Signature) y 0 U (Complete Mailing Address above) . U) 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 x known to me or produced as proof of identification and did take an oath. Notary Public(Print Name and Notary o.) [NOTARY SEAL] U) CU Notary Public(Signature) c� c� Packet Pg. 1262 MONROE COUNTY, FLORIDA ACCEPTANCE OF UNITY OF TITLE 0 In Witness Whereof, Grantee accepts the Covenant of Unity of Title granted above and executes this instrument CL 0 the date set forth below. GRANTEE: Monroe County, Florida: 2M First Witness(Print Name) Senior Director, Monroe County Planning and Environmental Resources Department(Print Name) E .......... First Witness(Signature) Senior Director, Monroe County Planning and Environmental Resources Department(Signature) Cq Second Witness(Print Name) Date(Print) 0 -j 04 Second Witness(Signature) STATE OF COUNTY OF 0 U Before me,the undersigned authority, personally appeared on ......................................................... .2 this day of 20 LM who is personally known to me or produced as U) proof of identification. Sworn and subscribed to before me this day ................. 20 X W Notary Public(Print Name and Notary No.) [NOTARY SEAL] E Notary Public(Signature) E Packet Pg. 1263