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Restrictive Covenant 10/19/2022 Doc#2405380 Bk#3210 Pg#1488 Return to: Recorded 2/1/2023 9:30 AM Page 1 of 3 The Law Office of Anthony J.Barrows 540 Key Deer Blvd Big Pine Key,FL 33043 Filed and Recorded in Official Records of 305-872-1050 MONROE COUNTY KEVIN MADOK,CPA Space Above this Line for Recording DECLARATION OF RESTRICTIVE COVENANT RUNNING WITH THE LAND AND DECLARATION OF RESTRICTION ON FUTURE DEVELOPMENT This Declaration of Restrictive Covenant is executed as of the 19th day of October, 2022 (the "Effective Date"), by Monroe County, a political subdivision of the State of Florida, whose post office address is 1100 Simonton Street, Suite 205, Key West, FL 33040, in reference to the property("Property") known as: Legal Description: Lot 3, Block 2, Eden Pines Colony First Addition, according to the map or plat thereof as recorded in Plat Book 5,Page 26, Public Records of Monroe County, Florida RE#: 00269360-000000 Address: 29173 Allamanda Lane, Big Pine Key, Florida 33043 conveyed by the Deed between Edward J. Stawski,participating in a federally assisted acquisition project("Grantor"), and Monroe County, ("Grantee"), its successors and assigns: WHEREAS, Hurricane Irma impacted the Florida Keys on September 10, 2017, destroying or majorly damaging over 4,000 residential structures in Monroe County; and WHEREAS,in response to the impacts statewide of Hurricane Irma,the Department of Economic Opportunity (DEO) developed a Community Development Block Grant - Disaster Recovery (CDBG-DR) Action Plan that detailed how the State will administer the funds statewide. The Action Plan includes the Voluntary Home Buyout Program(VHBP)which was created to acquire properties that are in high-risk flood areas, to reduce the impact of future disasters, and to assist property owners to relocate to less risk prone areas; and, WHEREAS, Monroe County was awarded $15 Million in CDBG-DR funding for the creation and implementation of a VHBP for unincorporated portions of the County. The County adopted Resolution 150-2020 to accept and execute the VHBP DEO Subrecipient Agreement for the CDBG-DR funding on May 20, 2020, which was amended by an Amendment to the VHBP Subrecipient Agreement approved on March 17, 2021, making the County a VHBP grantee; and WHEREAS, the Subrecipient Agreement requires the County to restrict VHBP acquired properties to uses stated in the County's grant application. The application included Resolution 224-2019 which stated the county's intention was to deed-restrict the properties in perpetuity to open space uses, storm water improvements or to restore and conserve the natural floodplain functions; and NOW, THEREFORE, this DECLARATION is made from and after the Effective Date and subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the Subrecipient Agreement I0092 dated June 4, 2020,the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to CDBG-DR requirements concerning the acquisition of the Property: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity to open space uses, storm water improvements or to restore and conserve the natural floodplain functions. b. Structures. Construction of new structures is only allowed where: i. A public building is open on all sides and functionally related to a designated open space use.; ii. The structure is a public rest room; or iii. The structure is compatible with the uses proposed included in paragraph l.a., and has DEO approval in writing before the construction of the structure begins. Any new structures built on the Property according to the subparagraph b. above will be elevated or flood-proofed to the Base Flood Elevation(BFE) plus two foot of freeboard as defined in the Federal Register 24 CFR 55.2(b)(l0), or as amended and defined in the Federal Register, and meet applicable requirements of the National Flood Insurance Program (NFIP) floodplain management regulations or local codes. c. Disaster Assistance and Flood Insurance. After settlement, no federal disaster assistance for any purpose from any federal source, nor flood insurance payments will be made with respect to the Property,and no person or entity shall seek such amounts. d. Transfer. The subrecipient must obtain the approval of DEO before conveying ownership (fee title) of the Property to another public agency or qualified conservation organization.Property transfer to private citizens and corporations will not be approved. All development rights in the form of a conservation easement on the property must be conveyed to the conservation organization or retained by the subrecipient or other public entity. 2. Enforcement. The subrecipient must accept responsibility for monitoring and enforcing this deed restriction and/or easement. 3. Amendment. This agreement may be amended upon signatures of DEO and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. e 4. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. IN WITNESS WHEREOF,the undersigned has caused this DECLARATION to be signed by its duly authorized representatives, as of the day and year first above written. Grantee/COUNTY: MONROE COUNTY, FLORIDA ATTEST: Kevin Madok, CPA, Clerk ,, ,,,,vaa2,4,:::, liii,„,,, „,„ ....., — ,,,' `�' --- ut C rk David Rice a or 0.,,,z&.„:„,i,3-, ,. ,- ate: 1C1 lei -tr?,2- MONROE COUNTY ATTORNEY ROVED A, S TO FORM il,. in 0,44„01-- JAMES MOL AAR A ISTANT OUN ATTORNEY Date: i 2.