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09/20/2023 Agreement -Nn--,-11%, 60URpf Kevin Madok, cpA Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: September 29, 2023 TO: clin'sfille ExectitWe Director 1.mid Atitliorltv ATTN: jolm Bc),cr (Alice Mwiager ]FROM: Pamela G. Haiicoc] .C. SLTBJECT: September 20" B()CC Mectilig Attaclied are electronic copies oftlic 1'()Ilo%%,Iiig items for vour liaii(flilig: F-I Contract to purcliase a less tliwi fee Hiterest ill Block 3, 1AAS 8 aild 9, Edell Phies Colori),on Big Pine Kc), near mile marker 29 from Da%,I(l Cruz acid Aiii), Cruz for(leiisit%, reduction purposes for the price ol'V)()',250.00. F2 Contract to purchase a less diwi fee Hiterest ill Block 5, 1A)1s 21 slid 229 Pilic Clialuid Estates Section ]'%vo oil Big Pliie Kc}' ricar mile marker 29 from'I'liortias N1. Rodd as Trustee oftlie Revocable IA,MgTrust ol"I'lioriias M. Rodd dated 0 1/27/2000 and Patiickj. Gaiirioii,jr. for derisit), reductioi-i purposes for the price of$99,999.00. F3 Contract to purchase a less diali fee interest in hots 37 and 38, Doctors Ann Stil)(116sloriThird Ad(fillori Section A, on Big Pine Kc),near mile marker 31 from Steplicii R. Spaulding al id Nficlicle 1,. Spaulding 1'()i-deiisit), reduction purposes for the price of'$99,999.00. F I Contract to purcliase a less diaii fee li-iterest ill hots 5 alid 6, Doctors Ann SubdiusloriTlilrd Edltloii Sectioii 11 oil Big Pliie Ke`' ricar iiillc marker 31 frorijwict legrall' I An'dalid for derisO, reductioi-i purposes 1'()I-the price of$99,999.00. Should N°oii liax,c ali}, questions, please feel free to contact me at (305) 292-3550. cc: Comity Attoriiev File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS THIS AGREEMENT is made and entered into this_2Qth day of September 2023, by and between Thomas M. Rodd, as Trustee of the Thomas M. Rodd Living Trust dated 4/2712000 and Patrick J. Gannon, Jr. (hereinafter"Seller(s)"), for themselves, their heirs, executors, administrators, successors and assigns, and MONROE COUNTY, FLORIDA (hereinafter"COUNTY"). WITNESSETH: 1. The Seller(s) represent they are the owners of the following real property (hereinafter "Primary Parcel") thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, that is currently developed with a residential dwelling unit and is more particularly described as follows; to-wit: Block 5, Lot 21, Pine Channel Estates Section Two (P13 6-2) RE#00249030-000000 The Seller(s) represent they are also the owners of the following real property (hereinafter "Secondary Parcel")thereunto belonging,owned by them, situate and lying in the County of Monroe, State of Florida, that borders the Primary Parcel and is currently not developed with a residential dwelling unit or any other habitable space and is more particularly described as follows; to-wit: Block 5, Lot 22, Pine Channel Estates Section Two (PB 6-2) RE#00249040-000000 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 Seller, upon the terms and conditions hereinafter set forth, and for the price of $99,999.00. 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 (0 & E) affecting title to the Unified Parcel. The COUNTY may, at its option during the time permitted for examination of title, have the Unified Parcel surveyed and certified by a registered Florida surveyor. If the survey or 0 & 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. 1 The COUNTY shall have sixty (60) days from the Effective Date in which to examine the 0 & E of Seller's title. If title is found defective, as determined in the sole discretion of COUNTY, the 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 tirne provided therefore, including the bringing of necessary suits, failing which the COUNTY shall have the option of either accepting the title as it then is or rescinding the Agreement herein. 4. The Seller(s)further agree not to do, or suffer others to do, any act by which the value or property rights associated with the Less Than Fee Interest may be diminished or encumbered while this Agreement is pending. In the event any such diminution, encumbrance or other impairment occurs, the COUNTY may, without liability, refuse to accept conveyance of said Less Than Fee Interest. 5. The Seller(s)further agree that during the period covered by this instrument officers and accredited agents of the COUNTY shall have at all reasonable times the unrestricted right and privilege to enter upon the Unified Parcel for all proper and lawful purposes, including examination of the Unified Parcel and the resources upon it. Nothing herein shall be construed to constitute an acceptance of any existing or future code or building violation on the Unified Parcel. This provision shall survive closing. The Seller(s) hereby waive their rights to any and all claims against the COUNTY or the State of Florida associated with, or arising from ownership of, the Unified Parcel and this waiver shall survive closing- 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 (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) 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 $99,999.00. 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, 0 & 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. 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. 2 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: 29364 Independence Avenue Big Pine Key, FIL 33043 and shall be effective upon date of emailing or mailing and shall be binding upon all of the Seller(s) without sending a separate notice to each, except as such obligation may be affected by the provisions of Section 6 herein. 10. The effective date of this Agreement (hereinafter "Effective Date") shall be that date when the last one of the Seller(s) and the COUNTY has signed this Agreement, 11, If the Seller(s)wish to proceed with this transaction,the Seller(s)have until August 11,2023, 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 any provision of this Agreement to the contrary, the COUNTY'S obligation to close this transaction is contingent upon the availability of funds budgeted for the Less Than Fee Program and approval of this Agreement by the Monroe County Board of County Commissioners, failing which the parties acknowledge that each shall be released of all further obligations under this Agreement. In the event this transaction has not closed within one hundred eighty(180)days from the Effective Date, then either party may terminate this Agreement at any time thereafter by providing written notice, in which case the parties acknowledge that each shall be released of all further obligations under this Agreement. IN WITNESS WHEREOF, the 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/Thomas M. Rodd, as Trustee of the Thomas M. Rodd Living Trust dated 4/27/2000 7-/9 -Z5 jos-Y,16- 1797 V r0,n&VA-1 e AOt-coai, S i go n a t—u*r — b—ate Phone Number Email Address 7 S e atri, k J. G non, Jr. Si naturebate Phone Number Email AdIlress 01) CD Buyer/ COUNTY: MONROE: C NTY, FLORiDA C) KEVIN MADOK, CPA, Clerk v, vo Crai a ayor rfjF �7 io A, J eputy Clerk 9 September 20, 2023 E COUNTY ATTORNEY'S OFFICE Date. ----------- —---------- d for form and legal sufficiency Digitally ngnmtl by Rl�lt 0.Sh,Jl,lg t B. DN.—R­B.Shilh.q­.—H.O.C.C.mf Mmnroe C1.1ty,FL,—C-1,Al­­Y,­J hdMge 3 lb� ­=_1 fig--us il linger r , 15Y53.9 NW, Robert 9_hilli­nge_r_,Zounty—Attorney EXHIBIT Prepared by/Return to: Gregory S.Oropeza.P.sq, Oropeza Stones Cardenas 221 Sintontton Street lames°NVest.FL 33040 ----------------------------- Space Above This LineFor Recording---------------------------- COVENANT OF IINITY OF TITLE AND RESTRICTIONN F ' U E DEVELOPMENT AND/QR CONVEYANCES THIS UNITYOF TITLE SHALL BE IN("ORPORATED IN 1111OLE AN]) REFERENCED FFICIAL RECORD BOOK AND PAGE NUMBER AND DOC U EINT NUMBER ON ALL TRANSFERS 0FT11E BELOWDESCRIBED REAL PROPERTY'. WHEREAS, this Unity of Title is granted this _.....................................—day of ............................................. . 0 . by (hereinafter`°Grantor(s)").to Monroe County.a political subdivision of the State of Florida (hereinafter -,Granttee"), whose address is 11.00 Simonton Street, Key West, Florida 330 40: and 'WHEREAS,the undersigned Granttor(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 loc aged ill Monroe County, Florida.having a legal description as follows autd which is shown on attached Exhibit ."which is hereby incorporated as if fully stated herein: Parcel address: Approximate Mile Marker: Par°cel(s)/Lot(s): Block: Subdivision: Ivey: PlatBook: Page: Deal Estate n'®+'umber(s): AVHEREAS,the undersigned Grantor(s), is are the sole fee simple title owner(s) of the certain below described real property(hereinafter"Secondary Parcel")that is not currently deN°eloped with a residential dwelling unit or ally other habitable space and is located in Monroe County, Florida, having a legal description as follows and which is sltoNvnt on attached Exhibit°`_ ,'"which is hereby incorporated as if fully stated hereint. Parcel Address: APproxinlate:Mile Marker: Parcel(s)/Lot(s): lock: Subdivision: Key: flat Book: Page: Real Estate 'trmber°(s): NAMEREAS, Grantee is a general purpose political subdivision of the State of Florida and is authorized to regulate and control the rise of real property through the Monroe County Comprehensive Flan and the Monroe County Code(s) to protect the public health, safety, and welfare; and WHEREAS.the Primary Parcel and Secondary Parcel are subject to the jurisdiction and requirements of the Monroe County Comprehensive Plan and the Monroe County Code(s),and WHEREAS, this Unity of Title encumbers the Primary Parcel and Secondary Parcel (hereinafter collectively "Unified Parcel"):and WHEREAS,Grantor(s)hereby attest(s)his her its their recognition that this Unity of Title does not allow the Unified Parcel to be divided into separate parcels.-and WHEREAS, Grautor(s) hereby attest(s) his her its their recognition that the Unified Parcel shall hereafter exchisivetv be considered as one(1)parcel of land.and that no portion of said parcel of land may hereafter be sold. transferred.devised. or assigned separately.except in its entirety as one(1)parcel of land-. and WHEREAS, Grantor(s) hereby attest(s) his her its their recognition that in granting this Unity of Title. Grantor acknowledges and accepts the condition hereafter limiting development to a single principal rise(residential)structure on 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 Exhibit(s) and If no such consent is attached hereto. the undersigned Grantor(s),hereby attest(s)to Grantee that no such niortgage(s)and that no such other encumbrance(s)exist(s). and WHEREAS, this Unity of Title is granted in consideration of payment in the amount of XX thousand dollars (SXX.XXX.XX)by Grantee to Grantor., and WHEREAS, the undersigned Grantor(s) and Grantee hereby attest that such County payment in consideration was were given pursuant to this Unity of Title, and that this Unity of Title. together with its restrictions. conditions, and limitations on future residential structure development are supported by good and valuable consideration-, and WHEREAS,this Unity of Title does not discharge. exempt,waive. or otherwise release the undersigned Grantor(s). tenant(s) thereto. the personal represerltative(sh lleir(s). assign(s). and successor(s) in title of the undersigned Grantor(s),or tenant(s)thereto.from their duty to obtain required federal.state,County.and local approval(s)for any fliture constriction of accessory stnictures or establishment of uses upon the Unified Parcel;and NONV, THEREFORE, as an inducement to Grantee for and in consideration of Grantee's payment of good and adequate consideration. the adequacy. sufficiency. and receipt of which are hereby expressly acknowledged and arrested 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%Nhich shall run with the land and be binding upon the undersigned Grantor(s). and tenant(s) thereto. and shall remain in full force and effect forever. and Grantor(s) declare(s)and grant(s)as follows: I) Recitals.The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein. 2) Restriction on DtjLlo LmLient.Notwithstanding the general permitted density. this Unity of Title: A. limits the total density of the Unified Parcel to one residential dwelling unit. and & retires all other density and prohibits the transfer of density; and C. prohibits new accessory structures providing habitable space oil the Unified Marcel: and D. does not prohibit accessory uses and non-habitable accessory stnictures oil the Unified Parcel: and E. does not prohibit additions to the lawfully established existing residential unit. Habitable space means away structure eqkupped for human habitation such as.but not limited to,office,workshop. kitchen, dining, living. laundry, bathroom. bedroom, den, family or recreational rooni; professional studio or conunercial occupancy including all interior hallivay s. corridors, stainvays and foyers connecting these areas. I Garages. exterior stairs and open decks and patios are not considered habitable stmcutres. 3) Proldbition of Parcel Division.This Unity of Title prohibits the Unified Parcel front 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 ov'riers. 4) AR te Is It Uri ic Uti 2o Rn o i . The Unified Parcel shall hereafter exclusively be considered as o ie (t) parcel of -2RI Co_L2flyflim ar land, and that no portion of said parcel of land may hereafter be sold,transferred. devised, pledged, encumbered or assigned separately. except in its entirety as one(1)parcel of land. 5) 'Mourge gaiser Records. Simultaneously Nvith execution of this covenant of Unity of Title,-Grantor shall make application Nvith 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) No Conflicts.The undersigned Grantor(s)hereby covenant(s)with Grantee that Grantor(s)is are lawfully seized ;f the Unified Parcel in fee simple free and clear of all encumbrances that are inconsistent Nvith the terms of and exhibits attached to this Unity of'ritle.and fully attest(s).Nvarrant(s). and defend(s)the title to and interest ill the Unity of Title hereby conveyed against the IaNviul claims of all persons N-0ionisoever. 7) ktEpetaral l3ana°atiannn® This Unity of Title is intended to benefit° run with the land in favor of. and shall inure to Grantee, Monroe County, Florida. 8) Rjg4jgj_EfftcL The undersigned Grantor(s). and the personal representative(s), heir(s), assign(s), and successor(s)in title of tile undersigned Grantor(s), shall pay all taxes, assessments. fees,and charges of whatever description levied upon or assessed by competent authority oil tile Unified Parcel therein before delinquency. shall keep such levies and assessments current. and shall not allow any tien(s) on tile Unified Parcel superior to this Unity offitle. In the event of failure to so disallow,such lien(s), to extinguish such lien(s),and of to obtain subordination of such lien(s)to this Unity of Title. in addition to any other remedy.,the daniage(s)and or debt(s) ow-ed to Grantee shall constitute a lien against the Unified Parcel which shall automatically relate back to the recording date of this Unity of Title. 9) C'onstruction and Int!t!Mj±jajjM The consti p-uction 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 oil trial and on appeal. 10)Recordation AmendnLent IModification or Release. A. The undersigned Grantor(s)hereby agree to the recording of the Unity of Title together xvith all appropriate and required Joinder(s)with tile 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 or modification to this Unity of Title is effective unless agreed to in writing by both Grantee and the undersigned Grantor(s)and filed,together v6th all appropriate and required Joinder(s),'With the Clerk of Circuit Court of Monroe County for recording in tile Official Records of Monroe County,Florida, C. This Unity of Title may not be rescinded, voided. or released unless and until the Monroe County Board of County Commissioners (hereinafter, -BOCC") approves such rescission, voidance. or release by BOCC Resolution. H) 5pbseguentReference Requirement. A. The undersigned Grantor(s). tenant(s) thereto. tire personal representative(s). heir(s), assign(s). and successor(s)in title of tile undersigned Grantor(s). and teumt(s)thereto, hereby agree(s)to and shall submit 1 copy of this filed and recorded Unity of Title together with(simultaneously in.date and time Avith)all future development applications relating to the Unifted Parcel. Such submission by the undersigned Grantor(s). tenant(s)thereto.the personal representative(s).heir(s).assign(s).and successor(s)in title of the undersigned Grantor(s). and teen ult(s) thereto, shall be to the agency(ies), department(s). and office(s) in receipt of or otherm,ise receiving such development application(s). This requirement is tion-exclusive to Monroe Comity agencies,departments,and offices.and is to be construed as inchisive of all reviewing federal, state.Monroe Couirty, and local agencies, departments. and offices in receipt of or other-wise receiving such development application(s). such that the undersigned Gralitor(s). tenant(s) thereto, the personal representative(s),heir(s). assign(s). wid successor(s) in title of the undersigned Grantor(s). and tenant(s) thereto. must so simultaneously ftimislia copy of this filed and recorded unity of Title to any and all federal and state.Monroe Comity. and local agencies, departments. and offices in receipt of or otherwise receiving such development application(s). B. The undersigned Grantor(s), tenant(s). thereto. the personal representative(s), heir(s). assign(s). and successor(s)in title of tile undersigned Grantor(s).and teriant(s)hereto,shall reference this Unity of Title and ail pre%,iously executed and recorded restrictions in any tuture instrument conveying title to or ail interest in the Unified Parcel, including the recording book and page number(s)and document number(s) of this Unity of Title and all previously executed and recorded restrictions, 12) Joint-and-Several Liabili :. If the undersigned Grantor(s). tenant(s) thereto. the personal representative(s). heir(s), assign(s). and successor(s) in title of the undersigned Grantor(s). tenant(s). thereto, or any other non- County natural person(s) or legal person(s) are party(ies) to any suit. action. or proceeding. in laN-%, or in equity. initiated, cross-initiated. counter-initiated. or filed by the County to enforce any provision(s). restriction(s). or terni(s) contained herein. and consist(s)of more than one person(s)or entity(ies), such person(s)and eiltity(ies) shall be jointly and severally liable. 13)=N, "on-Assianabilit . This Unity of Title shall not be assignable by the undersigned Grantor(s).tenant(s). thereto. tile personal representative(s).heir(s). assign(s). or successor(s) in title of the undersigned Grantor(s),teriant(s). thereto,or any other non-County party m'itli title to or ail interest in the Unified Parcel.unless such assignment is first approved by Monroe County BOCC Resolution. 14)]Nofice and Sei-vice of Process. A Notice— To G�rautee. Ali notices, consents, approvals.or other communications to Grantee hereunder shall 7 be in writing and shall be deenied properly served if sent by U.S.Postal Service Certified Mail.return receipt requested. in the following for,and address: Monroe County Planning& Environmental Resources Department Attn: Senior Director Subject: Unity of'ritle 2798 Overseas HiahwaN Marathon.FL 33050 And with a copy to: Monroe County Attornney®s Office Subject: Unity of Title 1111 12"'Street. Suite 403 Key West.FL 33040 The undersigned Grantor(s). tenant(s) thereto. the personal representative(s). heir(s). assigu(s), or successors) ) in the title of the undersigned Grantor(s). and tenant(s) thereto. hereby agree(s) that as a first condition precedent to his her its their initiation of litigation or ad%,ersarial administrative proceedings against the Comity 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 tire initiation of such suit or action, attempt to resolve their dispute(s) and disagreenient(s) by a meet-and-confer session between himself herself themselves and Monroe County Planning & Environmental Resources Department staff and counsel of the Monroe County Plaming & Environmental Resources Department. If no resolution can be agreed upon\vithin 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-- �4aratbon.Lower Keys Key West). Tile undersigned Grantor(s).tenant(s)thereto,the personal representative(s), heir(s). assign(s). or successor(s) in title of the undersigned Grantor(s). and tenant(s) thereto, hereby agree(s) that in tile event he she it they so initiate such suit or action without satisfying both of these conditions precedent to their initiation or litigation or adversarial administrative proceedings against the County, Z:�, that tile County shall autoniatically be emitted to an Order granting Grantee's Motion to Dismiss and Florida Statute See. 57.105 (2015) Motion for Sanctions and Attorney's Fee (or. at Grantee's election (if applicable). their Florida statutory equivalent(s).Federal equhalent(s). or non-Florida legal equiNalent(s)). 16) Limitation of Liability. A. In tile event of any litigation concerning the conditions,provisions. revisions. or terns of the Unity of Title, Grantee. the undersigned Grantor(s). tenants) thereto. the personal represeirwti%ie(s). heir(s). assign(s). and successor(s)in the title of tile undersigned Grantor(s),and tenant(s)thereto.hereby agree to expressly waive and shall be treated as having expressly warved their right to a jury trial. B. The undersigned Granior(s). tenant(s) thereto. tile 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 chafge(s)or C., claini(s) shalt be made by it for any delays)or the eflecti%-e date of this Unity of Title. C. No Waiver. Grantee shall not be deemed to have ,vaived any rights under this Unity of Title unless such xviiver has been given.within this instrument. both expressly and specifically. D. No Personal LjaL&j. The County expressly reser%,es and in no way shall be deemed to have waived for itself or for its officer(s). employee(s). or agent(s). any sovereign. governmental. and any other similar defense, in-unrinity.exemption. or protection against any suit.cause-of-action, demand,or liability. Further, 110 covenant.provision, or term of this Unity of Title shall be cleenied to be a covenant' or agreement of air), officer.employee. yee.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 Ifnity of Title or be subject to ally personal liability or accountability by reason of the execution of this Unity of Title. E. Non-Reliance bv Third-Parties. No persou(s)or entity(ies) shall be entitled to rely'upon the terms. or any of theni. of this Unity of Title to enforce or attempt to enforce any third-party claini(s)or entitlenient(s)to or benefits)of any service(s).terin(s). or prograni(s)contemplated hereunder. 17) Enforcement. A. Default Notice. In the event of breach or violation of the restrictions or terns hereof by Grantor(s),tenant(s) thereto.the personal.representative(s),heir(s).assign(s).or successor(s)In title of tile 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)Nvithin thirty(30)days of receiving notice of such breach(es)or violation(s). B. gl!H!Rj:(jj�B�reach�orVlo�lafion. I. Uncured breach(es) or violation(s). by tile undersigned Grantor(s). tenant(s) thereto, the personal representative(s), heir(s). assign(s). or successor(s) in title of the undersigned Grantor(s), or tenant(s) thereto,of the ternis of and restrictions imposed by this Unity of Title shall.without any additional notice beyond this unity of Title's recordation. entitle Grantee to imniediately suspend and or rescind, Nvithout liability to Grantee. development applications, pending perilifts, approvals. and inspections, and issued development order(s)contingent upon the effectiveness of this Unity of Title and Grantor(s)compliance thereto, the compliance oftenant(s) thereto, tile compliance of the personal represeritative(s), heir(s). assign(s). or successor(s) in title of the undersigned Grantor(s) thereto, and the compliance of tenant(s) thereto.Nvith the terms of this Unity of Title, applied for or those permits. approvals,and or inspections necessary to cure such breach(es) or violation(s). Such uncured breach(es) or violation(s) shall be presumed to constitute breach(es)or violation(s) that is are irreparable or irreversible in nature. 2. In the event of any suit.action.or proceedin a.in faNv or in equity.by the County to enforce tile restrictions or terms contained herein,if the County prevails in any such suit,action,or proceeding.oil trial or appeal, the County shall be entitled to reasonable attorney's fees.including trial,appellate,bank-niptcy.and post- judgement costs and collection proceedings for tile maintenance or defense of any such snit. action. or proceeding.to be paid by the losing party(ies)as fixed by the court. Anyjudgenient so rendered in favor of tile County in connection with any suit.action,or proceeding arising out of,related to.or in connection %vith 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 %vhoin a demand or enforcement request is made. regardless of actual initiation of a suit, action. or proceeding. These remedies are in addition to any other rernedy.fine.or penalty which may be applicable under, including, but not finuted to. Chapters I G2.373, and 403, Florida Statutes° and any other action at lan,or in equity. Grantee hereby agrees and the undersigned Grantor(s), tenant(s) thereto. the personal representative(s), heir(s), assiga(s), and successor(s) in title oftlie undersigned Grantor(s). and tenaiii(s) thereto. hereby agree that suits. actions. and proceedings arising out of. related too or in connection Nvith this Unity of Title shall be in accordance%vitli tile Florida Rules of Civil Procedure. 3 Cumulative Remedies. In the event of any breach or violation of the restrictions or tennis contained herein.Grantee shall,without liability to Grantee,have the right to proceed at laxv or in equity as may be necessary to enforce compliance with the restrictions or terms hereof, to enjoin activities. construction, maintenance. practices, repairs, and uses inconsistent with the restrictions or ternis 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 rernedy at law, or such other legal method as Grantee deenis appropriate. All rights and remedies accruing to the County shall be assignable in Avhole or in part and be cumulative: that is. the County may pursue such rights and remedies as the la%N- and this Unity of Title afford it In whatever order the County desires and tile IaNv permits. The Coutity's resort to any one law(s) and or rernedy(ies)in advance of any other shall not result in waiver or compromise of any other law(s)and or reniedy(ies). The undersigned Grantor(s). tenant(s) thereto, the personal representative(s), heir(s), assign(s). or successor(s) in title of the undersigned Grantor(s), and tenant(s) thereto. hereby agree(s)to and shall pay for all costs associated with Grantee's enforcement action(s). 4 Failure of the undersigned Grantot(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%vith or perform any act required by or under this Unity of Title shall not impair the validity of this Unity of Title or the conditions, provisions. reseii-ations. restrictions. rights, or ternis hereof or litnit their enforceability in any way, 5. Enforcement of the conditions. provisions. restrictions. and ternis of this Unity of Title shall be at the discretion of the Grantee, Grantee's delay or failure to enforce or emission in the exercise of any condition, provision° reservation. restriction, right, or term contained herein. however long continued, shall not be deenied a Nvaiver or estoppel of the right to do so thereafter as to any violation or breach. No Grantee Nvaiver of a breach of any of the condition(s),provision(s),reser%,ation(s).restriction(s).right(s). or terni(s) hereof. shall be construed to be a Nvaiver of any succeeding breach of the sane condition(s). provision(s),resen-ation(s).restriction(s). right(s), or terni(s)hereof. 18) Aliscellaneorks. A. to Coo nen°isle. Where required under this 9 Unity of Title or related a reenient(s). the undersigned 1 Grantor(s). tenant(s)thereto,the personal representative(s).heir(s)° assiall(s), and successor(s) in title of the undersigned Grantor(s),and tenant(s)thereto.shalL to ensure the implementation of the government purpose ftirthered by this Unity of Title. cooperate Nvith Grantee's reasonable requests submitted to Grantor(s), tenant(s) thereto, Grantor's personal representative(s). heir(s). assign(s), and successor(s) in title, and tenant(s)thereto.regarding the ternis and conditions contained herein. 19) of Provisions. If any condition. provision. resemation,restriction. right. or tern of this Unity of Title. or any poition(s)thereof. is are held to be ilivatid or unenforceable in or by any administrative hearing officer or court of competent Jurisdiction. the invalidity or unenforceability of such condition,provision. reservation.restriction,right.terni.or any portion(s)thereof. shah neither limit nor impair the operation, enforceability. or %,alidity of any other condition, provision. reservation. restriction. right. terns. or any remaining portion(s) thereof. All such other conditions, provisions. reservation, restrictions.rights.terms. and remaining portion(s) thereof shall continue unimpaired in fidt force and effect. 20) Captions and paragraph headings. where used herein. are inserted for convenience only and are not intended to descriptively thint the scope and intent of the paragraph or text to which they refer. 21) No Encumbi-ances. The undersigned grantor(s), tenant(s) thereto, the personal representative(s), heir(s). assign(s),and successor(s)in title of the undersigned Grantor(s).and tenant(s)thereto,represent(s)and warrant(s) 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 ivill diminish, extinguish. interrupt. or subordinate the effectiveness or operation of this Unity of Title's provision(s), restriction(s). right(s). and terni(s) running in perpetuity in favor of Grantee.Monroe County.Florida. 22) Governing LawsA7enue. 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 policy(ies) and purpose(s) of the Monroe County Comprehensive Plan and the Monroe County Code(s). Exclusive venue for any dispute arising from or under. relating to. or in connection with this Unity of Title shall be in the Sixteenth Judicial Circuit in and for Monroe County.Florida. 23) A!jjk21jbLj2_AjjLsj. Each party to this Unity of Title represents and %varrants to the other that the execution. delivery, and performance of this Unity of Title has been duly authorized by all necessity corporate and other organizational action.as required, 24) This Covenant of Unity of Title constirtites the entire Covenant of Unity of Title and air), representation or understanding of any kind preceding the date of this Unity of Title's execution or recordation is not binding oil the Grantee or The undersigned Grantor(s)except to tile extent it has been incorporated into this Unity offitte. 25) Effective Date. -[his Unity of Title will become effective upon recordation in the Official Records of Monroe County, Florida. TO HAVE AND HOLD UNJO GRANTEE FOREVER. EXECUTED ON THIS__ day of —.20-- NVITNESSES TO ALL: GRANTOR(S) -------------------—---------—-—--------------................. First Witness(Print Name) Grantor No, I (Print Name) I-.,........................ First Witness(Signature) Grantor No. I (Signature) (Complete Mailing Address above) ............ Second Witness(Print Name) Grantor No. 2(Print Name) ................ .............................................................................................................................................................. ..........1-1................................... Second Witness(Signature) Grantor No. 2 (Signature) -------------------- (Complete Mailing Address above) STATE OF COUNTY OF___ The foregoing instrunient—Monroe County Covenant of Unity of Title,was acknowledged before Wane this -diy of 20 .by__,, .—,Nx7ho is personally known to nie or produced----as proof of identification and did take an oath. ---................ ............ Notary Public (Print Name and Notary No,) [NOTARY SEAL] Notai)r Public(Signature) MONROE COUNT A ACCEPTANCE OF UNITY OF TITLE, In'%Vituess'%'%"hereof. Grantee accepts the Covenant of UnitN°of Title granted above and executes this instrument the date set forth beloNv. GRANTEE: Monroe County. Florida: ——------------ Y:irst Witness(Print Name) Senior Director. Monroe countN,Planning and Environmental Resources Department(Print Name) ---- ---------------------------------- ---------------------------------------------------------------------- First Witness(Signatme) Senior Director, Monroe Countv Plannin.Q and Eii-vironniental Resources Department(Silanature) .......................... .......................................................................................................... Second Wimess(Prim Nanie) Date(Print) .................................................................................... Second Witness(Signature) STATE OF COUNTY OF Before me, the undersigned authority. personally appeared . 011 —. 20—. wp m pthis dav of. e v roduced. proof'cif identification. Swornand subscribed to before me this drayof.............................................................................................................................................-.. 20.......... ­1............................................... Notary Public (Print Name and Notary No.) [NIOTARY SEAL] i..........y...............P i i b I i c.............(...........S i g_i"i a""t,u,r"e"'),.............................. ................