05/17/2023 Agreement AGREEMENT FOR Tl pE PULP 0 1ASE OF LESS THAN FEE LUST ERES I IN I ANDS
THS AGREEMENI is made and entered into this 1 7 t h............., day of Ma 2023, by
and between
Gregory Lelpodk and Cynthia Gavin, also known as Cynthia Ann Gavin
(hereinafter "Seller(s)"), for thernseNes, their heirs, executors, administrators, successors and
assigns, and MONROE COUIN 1"Y, FLOIRDA (hereinafter"COUNTY").
WlTNESSET�1:
'I. The Seller(s) represent they are 'the owners of the foHowing reW property (hereinafter "Primavy
Parcel") thereurito belonging, owned by thern, situate and Vying in the County of Monroe, State of
Florida, that is currently deveLoped with a residenfiall dwelling unit and is more parficWady
descrOed asfollows; to-wi'L.
Block 24, Lots 11 and '12, PArn Villa (PB 1-89)
RE #00282560-000000
I he Sefler(s) represent they are also the owners of the foflowing real property (hereinafter
"Secondavy Parcel") thereunto b0onging, owned by them, situate and Lyiing in the County of
Monroe, State of 1°:`lorida, that borders the Primary Parcel and is currentlly not developed with a
residential dweHing unit or any other habitable space and as more particularly described as follows-,
to-WIC
Block 24, Lots 13 and 14, PArn Villa (111"111:3 1-89)
RE#00282560-000000
2. In considerafion of Ten Dollars ($10.00) in hand, paid by 'the COUNTY, the receipt of which is
hereby acknowledged, the SeHeir(s) agree to sell to the COUNTY certain property dglits owned by
Seller, upon the terms and conditions hereinafter set forth, and for the pHce of $46,876.00. The
SeHer(s) covenarit 'to surrender, release, relinquish avid transfer any and all of the Selleir(s)'s
property rights in accordance with the Covenant of Unity of "Title and Restrictions on Future
Development and/or Conveyances attached as Exhibit Atogether with the other docurnerits listed
in Section 6 (hereinafter collectively "Less Than Fee Interest") from the corviNned Priniary Parcel
and Secondary `arW (hereinafter collectively "Unified 1::`1arc0").
3. "The Sefler(s) agree that they have fuH right, power and authority to convey, and that they willl
convey to the COUNTY the Less Than Fee lnterest and will simultaneously unffy title of the
servient estates of the Secondary Parcel with the Primary l::1arW, subject to the 'following
conditions and obligations:
The COUNTY, at the COLJN I Y'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 (0 & E)
affecting title to the Unified Par la The COLT I Y may, at its option during the tivne permittedfor
examination of title, have the Unified Parcel surveyed and certified by a registered Florida
surveyor. lf the survey or 0 & E report, diWose encroachments on the Unified Parcel or the
existence of improverrients located thereon, or any other itestiricfions, contract covenants, fiens,
transfers of development rights, or applicable governmental regulations, deemed not acceptable to
the COUNTY, the sairrie shall constitute a title defect.
The COUNTY shall have sixty (60) days froirn the 1::.::.:ffective If;)at In which to examine the 0 & E of
Seller"s title. ff title is found defec,five, as determined in the sole discretion of COLIN p'Y, the
1
COUNTY shatI, within this specified time p dod„ notify UU r( ) !in writing specifying d t ct( ). If
the defect(s ) render titIle unacceptabIle to the COUNTY, the UU r( ) wiH have one hundred twenty
('120) days from receipt of nofice within which to remove the det a( ). The UU r( ) vuuUU use
diligent effort to correct defect(s) in titIle withlin the firma pr viid d therefore, Urn Uuudorng the IbriirngU ng of
necessary suilts, t iillurng which the SUN haH havethe opbo n of elther accepting the tifle as !It
then is or rescinOng the Agreernent herein.
Time Ull r( ) further agree not to do, or suffer others to do, any act by which the vaIlue or property
rights assocWed with the Less Than IFee Interest may be diminished or encumbered whHe this
Agreement is pending. In 'the event any such diminution, encumbrance or other uirnnp Urrrn rnt
occurs, 'the COUNTY may, without liability, refuse to accept conveyance of said Less ...I'han Fee
Interest.
e 'The eUU r( ) further agree that during the period covered by this !instrument officers and
accredited gent 6 the COUNTY shaIll have t aH reasonable times the unrestricted fight and
privi1lege to sinter upointhe Unified ParcO for aH proper and lawf U purposes, Uin lluud`arng exam4iation
of the Unified I:::Iarcell and the resources upon R. Nothing herein haH be construed to consfitute an
acceptance of any existing or future code or Ibu lld°uing violl do n on the Unified Parcell. This
provision shaH survive cUo Ding. The UU r( ) hereby waive their dghts to any and afl 1laim
against the COUNTY TTY r the State of FIlorida assocWed with, or arising 'from ownership of, the
Unified P rc U and this waiver shaH survive closing.
. "The UU r( ) wifl execute and d UUv r upon n demand of time proper officiaIls and agents of the
COUNTY the toflowi ng documents conveying to the C U.UN"'I Y aH of H is Less 'rhan Fe
Interest in a manner satisfactory to the U g U counsel of the COUNTY:
) Covenant of Unity of 1"ifle and Restrictions on Future D v U prrn nt and/or Conveyances
(hereinafter"Covenant of Unity of TMe do uur n rnt")
b) Joinder of Mortgagee (p'p Ippfi bU )
c) Joinder of Non-Mortgagee Encumbrance UWder (if pppu bU )
d) Grantor's Affidavit of No Encumbrance (!if neither b or c aboveppUU )
) Af id vpt of Trustee (pf land owned by a "Trust)
D AppIlication to Monroe ouurnty II°:1rop rty Appraiser to Corisofidate C U Estate U°:� r Us
!. In consideration whereof the COUNTY agrees that !it wiIIII purchase UU of said Less "'p"Tan Fee
Interest t the price of $46,876.,00. The COUNTY TY further agrees that after the preparation,
e uubon, and d Uuv ry of the documents rnum r t d above, and after time U g ll couvunseU of time
COUNTY shaH have pprov d the documentation reIleasing time Less Than Fee Interest 'to b
surrendered to and vested in the COUNTY, it wHH cause to be paid to the H r( ) the purchase
price, less any costs of closing payable by Sefier, as set forth below.
"The t.UNshaH pay the foflo i ng expenses associated with the conveyance of the 1.....ess I team
Fee Interest: recording fees for the documents listed in Section 6, settIlement fees, 0 & E report
fees, title examination fees, and the Buyer's r' ttorney' fees. The UU r( ) shaIIII pay the reM estate
commissions,, if any are due. FuuH transfer, surrender and po a l on of the d v Uoprrn rnt right
described above shaH pass to the COUNTY as of time date payment is rnade to the Ul r( )
subject.onIIy to the reservations stated in Section 2 above.
It shaH be the obliigabon of the VU r( ) to pay any assessments outstanding as liens due to the
County at the date the Less T Than Fee Interest vests of record in the COUNTY.
g. It is rn"nuuta,u UUy understood and agreed that notice f acceptance of this gr eme nt shaH be glv rn tug
the UU r( ) by emaH to time address provided by the UU r( ) or by maH addressed to the UU r( )
at the foHowirng address:
EXHIBIT
pPrepaaured by/Return to:
Gregory S..Oramp e aa,Esq.
Oropaezaa Stones Cardenas
221 Simonton Street
Key West,F1, 33040
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COVENANT F 1J ITS" OF TITLE AND RESTRICT11110N ON 'UTU 111F,
DEVELOPMENT AND/OR , . r E
(a, S(rh 4(.J( L 1113U , NII N C O[l I`O RA`�1T',,D ➢NN WIHI(A J'1 40(:)
Clh Y OI? I^`Ni0,4NI , Rlll C(A)RJ) 13(,)0K ,AN Nl[J N1BE,R ,4N°'I)
11393CUN''1 I, I` NIJN'III'll11,11R (YIN 13ENI,11 ,0W
WHEREAS, this p..srupty of Title is granted this day of 2 --l-, by
(hereinafter"Grantor(s)"),to Monroe County,nty,as political subdivision
oftpme State of Florida (hereinafter "Grantee"), whose address is 1100 Snnaaauataama Street, Key West, Florida .320 0;
and
WHEREAS,the undersigned Grantor(s), is/are the wale fee simple title owner(s)of the certain below real
property (hereinafter"Prprnary Parcel") that is currently developed with a residential dwelling a unit and is located in
Monroe County,nty, Florida, having as legal description as follows and which is shown on attached Exhibit "..................9"which
is hereby incorporated oraated as if fully stated herein"
Parcel Address: Approximate mileMarker:
Parcel(s)/Lot(s): Block:
Subdivision.
Key: -Fiat Boaok.w Page:
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 Crurrently developed ed with aA residential dwelling g unit or any other
habitable space and is located in Monroe County, Florida, having as legal description as follows and which is shown
on attached Exhibit....................,"which 6s hereby incorporated as if fully stated herein-
Parcel Address: APproximate bileMarker:
Parcel(s)/Lot(s): Block:
Subdivision:
Key: Plat Book: Waage:
Reap Estate Nu mmb r(s)w
WHEREAS, Grantee as as general purpose ose political subdivision n of the State of Florida and is authorized to regulate
hate
and control the use ofreaap property through the Monroe County Comprehensive Plan and the Monroe County Code(s)
to protect the public health, saatety, and welfare-, and
W11EREAS,the Primary Parcel and Secondary Parcel are subject to the jurisdiction and requirements of the Monroe
County Comprehensive Plan and the IPw onroe County Code(s)U and
WHEREAS, this Unity of 'Fitle 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"ride does not allow the Unified
Parcel to be divided into separate parcels-,and
WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that the Linified Parcel shall hereafter
exclusively be considered as one (1)parcel of land, arid that no portion of"said parcel of land may hereafter be sold,
transferred, devised, or assigned separately,except in its entirely as one(1) parcel of land; arid
WHEREAS, Grantor(s) hereby attest(s) his/her/its/their recognition that in granting this Lhifty, of Tifle, Grantor
acknowledges arid accepts the condition hereafter limiting development to a single principal use(residential)structure
on the Unified Parcel; and
WHEREAS,the consent of all mortgagee(s)and holder(s)ofany all other encurnbrance(s)of or otherwise upon the
Unified Parcel is attached a s Exhibit(s) "_" and "" 11-, If no such consent is attached hereto, the undersigned
Grantor(s), hereby attest(s) to Grantee that no such mortgage(s)arid that no such other encurnbrance(s)exist(s); arid
WHEREAS, this Unity of 'Title is granted in consideration of payment in the amount of XX thousand dollars
($XX,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, Gaff"Tithe, and that this Unity of l'itle, together with its restrictiorlis, conditions,
and limitations on future iresidenntial structure development are supported by good and valuable consideration;arid
WHEREAS,this Unity of"Fitle does not discharge,exempt,waive,or otherwise release the undersigned(Jrantor(s),
tenant(s) thereto, the personal representative(s), heir(s), assign(s), and successor(s) in title of the undersigned
Grantor(s),or tenant(s)theireto,frorn their duty to obtain required federal,state,County,and local approval(s) for any
Future construction of accessory structures or establishment of uses upon the Unified Parcel,; arid
NOW, THEREFORE, as an inducement to Grantee for and in consideration of Grantee's payment off'good and
adequate consideration, the adequacy, sufficiency, arid receipt of which are hereby expressly acknowledged and
attested to,the undersigned Grantor(s)hereby grants,creates,and establishes as Covenant of Unity orritle f6r arid 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 rerviain in Full force and effect forever, and Grantor(s)
de0are(s)and grant(s)as follows:
I) &Rita Is.,'Fhe foregoing recitals are true and correct arid are hereby incorporated as if fully stated herein,
..........................
2) Restriction orm Develon nent.Notwithstanding the general permitted density,this Unity of"T'itle-,
A. litnits the total density ofthe Unified Parcel to one residential dwelling unit; and
B. retires all other density arid prohibits the transfer of density-, arid
C prohiNts 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 Parcell',and
E, does not prohibit additions to the lawfully established existing residential uniL
Habitable space means any structure equipped for human habitation such as, but not limited to,office,workshop,
kitchen, dining, living, laundry, bathroom, bedroorn, den, family or recreational room-, professional studio or
corni-nercial occupancy including all interior hallways, corridors, stairways arid foyers connecting these areas.
Garages,exterior stairs and open decks and patios are not considered habitable structures.
3) Er�CILIIrIj.bffion of Parcel Division.This Unity of-Title prohibits the Unified Parcel from being divided into separate
parcels, subdivided, re-subdivided, platted, re platted, or conveyed as separate parcels or transferred as separate
parcels regardless of whether owned by single or multiple owners,
4) Restirictioin on Convev nee. The Unified Parcel shall hereafter exclusively be considered as one (1) parcel of
land, and that no portion of said parcel of brad may hereafter be sold, transferred, devised, pledged, encumbered
or assigned separately, except in its entirety as one(1)parcel of land.
5) M2!1�!L !t !E2j!.E!j.y E!Mp REly Simultaneously with execution of this covenant of Unity of
`Title,Grantor shall make application with the Monroe County Property Appraiser to combine the Primary Parcel
and Secondary Parcel under this Unity of Title as a single real estate parcel for tax roll purposes.
6) !H!2!E2n'fl"i"c t s 'rhe undersigned Grantor(s)hereby covenarit(s)with Grantee that Grantor(s)is/are lawfully seized
of the LInified Parcel in fee simple free and clear of all encumbrances that are inconsistent with.the terms of avid
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) I!Er!Lp.p 1112.1 Duration, This Unity of'Title is intended to benefit, run with the lai.-O in favor of'I and shall inure to
Grantee, K�o n r o e Fo—unty, Florida.
8) AjRAjj1gEffEL The undersigned Grantor(s), and the personal representative(s), heir(s), assign(s), and
successor(s)in title of the undersigned Grantor(s),shall pay all taxes,assessinents, fees,and charges of whatever
description levied upon or assessed by competent authority on the I Tnified Parcel therein before delinquency,
shall keep such levies and assessments current, and shall not allow any fien(s)on the Unified Parcel superior to
this Unity of Title. In the event of failure to so disallow such fien(s), to extinguish such fien(s), and/or to obtain
subordination of such fien(s)to this Unity of Title, in addition to any other remedy,the darnage(s)and/or debt(s)
owed to Grantee shall constitute a lien against the Unified Parcel which shall automatically relate back to the
recording date of this Unity offitle.
9) L2R..�. E!jKtion and Inter The construction and interpretation of such, arid all other, Monroe County
.............................................................
Comprehensive Plan provision(s)and Monroe County Code(s)provision(s)shall be construed in ffivor of Grantee
and such construction and interpretation shall be entitled to great weight on trial and on appeal.
10) RecoiirdationAineiidmentMod�iiriiicatioiir% or Release.
A 'The undersigned Grantor(s) hereby, agree to the recording of the Unity of itle together with all appropriate
arid requiredJoinder(s) with the Clerk of the Circuit Court of Monroe County and agree to the re-recording
of said docurnents at any tirne Grantee may require to preserve its(Grantee's)rights.
B. No arnendrnent or modification to this Unity ofTitle is effective unless agreed to in writing by both Grantee
arid the undersigned(.1rantor(s)and filed,together with all appropriate and requiredJoinder(s),with the Clerk.
of Circuit Court of Monroe County for recording in the Official Records of Monroe County, Florida.
C. This Unity of Title may riot be rescinded, voided, or released unless arid until the Monroe County Board of'
County Commissioners (hereinafter '"BOCC") approves such rescission, voidance, or release by BOCC
Resolution.
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 tenant(s)thereto, hereby agree(s)to and shall subm4
as copy ofthis filed and recorded Unity of"Title together with(simultaneously in date and time with)all ftaure
development applications relating to the Unified lParcel, Such submission by the undersigned Grantor(s),
tenant(s)thereto,the personal representafive(s),heir(s),assign(s),and successor(s)in title of the undersigned
Grantor(s), arid tenant(s) thereto, shall be to the agency(ies), department(s), and office(s) in receipt of or
otherwise receiving such development application(s). This requirement is non exclusive to Monroe County
agencies,delpartryients,arid 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), arid successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto, must so
simultaneously furnish as copy of this filed and recorded Unity of'Title to any and all federal and state,Monroe
County, and local agencies, departments, arid offices in receipt of or otherwise receiving such development
application(s).
B The undersigned Grantor(s), tenant(s), thereto, tire personal representative(s), heir(s), assign(s), and
successor(s)in title of the undersigned Grantor(s),and tenant(s)hereto,shall reference this Unity of Title and
all previously executed and recorded restrictions in any Future instrument conveying title to or an interest in
the Unified Parcel, including the recording book.and page number(s)arid document number(s)of this LJnity
ofTitle and all previously executed arid recorded restrictions.
12) Joint and-Several Ljabffltv. 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 Fron-
County natural person(s) or legal person(s) are party(ies) to any suit, action, or proceeding, in law or in equity,
initiated, cross initiated, counter-initiated, or filed by the County to enforce any provision(s), restriction(s), or
terrii(s) contained herein, arid consist(s)of more than one person(s)or entity(ies), Such person(s) and entity(ies)
shall be.jointly and severally liable.
13),!H211-- 5.�i abil , This LJnity of Title shal I not be assignable by the undersigned Grantor(s),tenant(s), thereto,
A.........ga........................i�
the personal representative(s), heir(s), assign(s), or successor(s) in title of the undersigned Grantor(s), tenant(s),
thereto,or any other non-County party with title to or an interest in the Unified Parcel, unless such assignment is
first approved by Monroe County BOCC Resolution.
14) Notice and Service of Process,
A. Notice—To Graittee. All notices,consents, approvals, or other communications to Grantee hereunder shall
be in writing and shall be deemed 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
Attas- Senior Director
Subject: Unity of Title
2798 Overseas Hiighway
Marathon, Pp..., 33050
Arid with as copy to:
Monroe County Attorney's Office
Subject: Unity cut 'ritle
I I 11 12'a'Street, Suite 408
Key West, FL 33040
15) 'The undersigned Grantor(s), tenant(s) thereto, the
personal representative(s), heir(s), assign(s), or successor(s) in the title of the undersigned Grantor(s), and
tenant(s) thereto, hereby agree(s) that as as first condition precedent to his/her/its/their initiation of litigation or
adversariall administrative proceedings against the County in the forin of a suit or action arising out of,related to,
or in connection with this unity,orritle,shall first,prior to the initiation of such suit or action,attempt to resolve
their dispute(s) and disagreernent(s) by as n,iieet-and-confer session between him sell f/herself/thernselves and
Monroe County Planning & Environmental Resources Dej.:)artment 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 a 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'ritle(i.e.,LJpper Keys—Key L,argo,
Middle Keys: Marathon, Lower Keys .Key West). 'Iffie undersigned Grantor(s),tenant(s)thereto,tile personal
representative(s), heir(s), asspgn(s), or successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto,
hereby agree(s) that in tile event he/sheAt/they so initiate such suit or action without satisfying both of these
conditions precedent to their initiation or litigation or adversarial administrative proceedings against the County,
that the County shall automatically be entitled to an Order granting Grantee's Motion to Dismiss and Florida
Statute Sec, 57.105 (20 l 5) Motion for Sanctions and Attorney's Fee (or, at Grantee's election (if appil icabile),
their Florida statutory equivalent(s), Federal equivalent(s),or non-Florida legal equivalent(s)).
1 psi,L.i..MJtA t i oA oaf"Lia.lzillll�.�.
. ...................... ....................... . .
A, In the event of any Ilitiggatiobnn concerning the conditions, provisions, revisions,or ternis of the Unity of"Title,
Grantee, tl-w undersigned Grantor(s), tenant(s)thereto, the personal representative(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 representative(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
clann(s) shall be rnade 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
waiver has been given, within this instrument, both expressly and specifically.
D. No Personal Lialbill , 'The County expressly reserves and in no way shall be deemed to have waived 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 deerned to be as covenant or agreement of any
officer,ernployee,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 Unity of Title.
E Non-11elianc ies. No person(s)or enfity(ies)shall be entitled to rely upon the terms, or any
of thern,oft1his Unity of Title to enforce or attempt to enforce any third-party claim(s)or entitlernent(s)to or
benefit(s)of any service(s), terni(s),or prograrn(s)contemplated hereunder.
17) Enforcement.
A. Default Notice. In the event of'breach or violation off the restrictions or tennis 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).
r a n..��Kis..) BES a c h or V i ol..a t io n
.................... .... ... ........................... .......................................
I. 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,ofthe terms of and restrictions imposed by this Unity of Title shall,without any additional notice
beyond this Unity of Title's recordation, entitle Grantee to immediately suspend and/or rescind, without
liability to Grantee, development applications, pending permits, approvals, and inspections, and issued
development order(s)contingent upon the effectiveness of this Unity,of"fitle 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 Tide, applied for or those permits, approvals, and/or inspections
necessary to cure such breach(es) or violation(s). Such uncured breach(es) or violation(s) shall be
presumed to constitute breach(es)or violation(s)that is/are irreparable or irreversible in nature.
2. In the event of any suit,action,or proceeding,in law or in equity,by the County to enforce the restrictions
or terms contained herein,if the County prevails in any such suit,action,or proceeding,on trial or appeal,
the County shall be entitled to reasonable attorney's fees,including trial,appellate,bankruptcy,and post-
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 Judgement 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 Unity if Title, shall bear interest at the highest rate allowed by law. The County may recover
reasonable legal and professional fees attributable to the preparation,administration,and enforcement of
such suit, action, or proceeding, from any person(s) and/or entity(ies) from or whorn as dernand or
enforceirnent request is made, regardless of actual initiation of as suit, action, or proceeding. These
remedies are in addition to any other remedy, fine,or penalty which inay be applicable tinder, including,
bUt 110t limited to, Chapters 162,373, and 403, Florida Statutes, and any other action at law or in equity.
Grantee hereby agrees arid 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,
1 Cumulative Remedies. Ilmn the event of any breach or violation of the restrictions or terryis contained
herein,Grantee shall,without liability to Grantee, have the right to proceed at law or in equity as may be
necessary bca enforce compliance with the restrictions or terms hereof, to enjoin activities, construction,
maintenance, practices, repairs, and uses inconsistent with the restrictions or terms hereof, and to
otherwise prevent the breach or violation of any of them, to collect damages, and both authorized and
entitled to enforce this Unity of Title by emergency, preliminary, and permanent injunction, including
by ex parte 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 Grantee 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 arid this Unity of Title afford it in
whatever order the County desires and the law permits. The County's resort to any one law(s) and/or
remedy(ies) in advance of any other shall not result in waiver or cornpromise ofany other law(s)and/or
remedy(ies), 'T'he undersigned Grai.-O:or(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 tinder this Unity of Title shall snot impair the validity of this Unity of Title or the
conditions, provisions, reservations, restrictions, rights, or terms hereof or Hinit their enforceability in
any way.
5. Enforcement of the conditions, provisions, restrictions, and terms of this Unity offitle shall be at the
discretion of the Grantee, Grantee's delay or failure to enforce or ornission in the exercise of any
condition, provision, reservation, restriction, right, or terrn contained herein, however long continued,
shall riot be deerned an 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 construed to be as waiver of any succeeding breach of the same condition(s),
provision(s), reservation(s), restriction(s), right(s),or term(s)hereof,
18) Miscellaneous.
A. I.Luty to Ci)apL rate. Where required tinder this Unity of'ritte or related agreernent(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),arid tenant(s)thereto,shall,to ensure the irnplerrienlation of the government purpose
furthered by this LInity of Title, cooperate with Grantee's reasonable requests submitted to Grantor(s),
tenant(s) thereto, Grantor's personal representative(s), heir(s), assign(s), arid successor(s) in title, and
tenant(s)thereto, regarding the terms and conditions contained herein,
19) urvival of Provisions. If' any condition, provision,
reservation, restriction, right, or term of this Unity of Title, or any portion(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
unenforceabifity of such condition, provision, reservation, restriction, fight,term, or any portion(s)thereof, shall
neither firnit nor impair the operation, enforceability, or validity of any other condition, provision, reservation,
restriction, right, term, or any remaining porlion(s) thereof. All SLICh other conditions, provisions, reservation,
restrictions, rights, terms, and remaining portion(s)thereof shall continue unimpaired in full force arid effect.
20),!ER.p ions and Paragra n t en Captions and paragraph headings, where used herein, are inserted for
convenience only and are not intended to descriptively Ilimit the scope and intent of the paragraph or text to which
they refer.
21) No Encumbrances. The undersigned grantor(s), tenant(s) thereto, the personal representative(s), heir(s),
assign(s),and successor(s)in title of tire 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 clainis, 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, 4iterrupt, or subordinate the
effectiveness or operation of this Unity of Title's provision(s), restriction(s), right(s), arid tenyi(s) running in
perpetuity in favor of Grantee, Monroe County, Florida.
22) "Dis Unity of-fitle is arid 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),arid shall be liberally construed and enforced in favor ofthe grant to effectuate the public purpose
of this LInity of-Title and the policy(ies) and purpose(s) of"the Monroe County Comprehensive Plan and the
Monroe County Code(s). Exclusive venue for any dispute arising from or tinder, relating to, or in connection
with this Unity of Title shall be in the Sixteenth Judicial Circuit in arid for Monroe County, Florida.
23)Aut torit to Attest. Each party to this Unity of rifle represents and warrants to the other that the execution,
delivery, and performance of this Unity of"I'itle has been duly authorized by all necessary corporate and other
organizational action, as required,
24) This Covenant of Unity ofTille constitutes the entire Covenant of Unity of.-Il'itle and any
representation or understanding of any, kind preceding the date of this Unity of,"ritle's execution or recordation
is not binding on the Grantee or the undersigned Grantor(s)except to the extent it has been incorporated into this
Unity of Title.
25),Ejj E!i r e Date. This I.Mity of Title will become effective upon recordation in the Of Records of Monroe
COLInty, Florida.
'170 HAVE AND HOLD UNTO GRANTEE FOREVER.
EXECUTEDON TIIIS....................................................day of........................................................................................... 20_
WITNESSES TO ALL: GRANTOR(S)
........................................................................................................................................................................................................... ........................................................................................................................................................................................................................... ..................
17irst Witness(Print Name) Grantor No, I (Print Narne)
1"irst Witness(Signature) Grantor No. I (Signature)
(Complete Mailing Address above)
Second Witness(Print Name) Grantor No, 2(Print Name)
----------------------1-----------------------------------------
Second Witness(Signature) kantor No. 2(Signatrure)
(Complete Mailing Address above)
STATE OF
COU114TY OF
The foregoing instrument, Monroe County Covenant of Unfty of"I'itle, was acknowledged befbre
meth is .. ..day o f ......................... .............................................................................. .....................................11 20 1.)y........................................................................................................ ........................................_, who is personAly
known to rne or produced.....................__..........................................................................................................................as proof'ofidenfification and did take an oath,
.................................----..............................................................................................................................................................
Notary I�Iubfic.(Print Name and Notary No.)
[NOTARY SEAL
....................................................................... ................
Notary Public(Signature)
0 N R 0 E C 0 LIE Y OF TITLE
In Witness Whereof, Grantee accepts the Covenant of Unity of'Title granted above and executes this instrument
the date set forth below.
GRANII'EK�
Monroe County, Florida",
................................................................................................................ ......... ...............................................................................................................................-....................................................
irst Witness(131rint Name) Senior Director, Monroe County Planning and
Environmental Resources Department(Print Name)
First Witness(Signature) Senior Director, Monroe County Planning and
Environmental Resources Department(Signature)
Second Witness(Print Name) Date(Print)
Second Witness(Signature)
STATE OF
COUN17Y OF
Before me,the undersigned authority, personally appeared
On
this . . ......day of............................._, 20 who is persona�ly known to nle or produced............................................................ as
proof ofidentification.
Sworn and subscribed to before.me this........... day of'.1.1.1.1.,,,,,,,,,,,,,,,,,,,,,,, 20_�
..........................................................................................................................................................................................................................................................................
Notary Public(Print Nan're and Notary No.)
[NOTARY SEAL]
.................................................................................... ............................................................... .................................................... ..............
Notary Public(Signature)