01/31/2024 Agreement AGREEMENT FOR THE PURCHASE OF LESS THAN FEE INTEREST IN LANDS
2024
THIS AGREEMENT is made and entered into this 31St day of January 22G24,-by and
between
Dale Robert Batey Margaret D. Batey
(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 9, Lot 13, Eden Pines Colony (PB 4-158)
RE#00266850-000000
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 9, Lot 12, Eden Pines Colony (PB 4-158)
RE#00266840-000000
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 $51,000. 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.
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
1
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 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 $61,000. 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
EXHIBIT A
Prepared by/Return to:
Gregory S.Oropeza,Esq.
Oropeza Stones Cardenas
221 Simonton Street
Key West,FL 33040
----------------------------- Space Above This Line For Recording----------------------------
C V A UNITY OF TITLE AND RESTRICTION ON FUTURE
DEVELOPMENT AND/OR CONVEYANCES
THIS UN OF "FITLE SHALL, 13E ]INCORPORATED IN WHOILE AND
REFERENCED BY OFFU-11AL RECORD BOOK AND PAGE NUMBER AND
DOCUMENTNUMBER ON A1.1, 1"RANSFERS OF THE BELOW DESCRIBED
REAL PROPERTY.
WHEREAS, this Unity of Title is granted this - ----------"day
--- ------"day of 20_ , by
(hereinafter"Grantor(s)"),to Monroe County,a political subdivision
of the State of Florida (hereinafter "Grantee"), whose address is 1100 Simonton Street, Key West, Florida 33040;
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:
Parcel Address: Approximate Mile Marker:
Parcel(s)/Lot(s): Block:
Subdivision:
Key: Plat Book:— Page:
Real Estate Number(s):
WHEREAS,the undersigned Grantor(s), is/are the sole fee simple title owner(s)of the certain below-described real
property(hereinafter"Secondary Parcel")that is not currently developed with a residential dwelling unit or any other
habitable space and is located in Monroe County, Florida, having a legal description as follows and which is shown
on attached Exhibit"_,"which is hereby incorporated as if fully stated herein:
Parcel Address: Approximate Mile Marker:
Parcel(s)/Lot(s): Block:
Subdivision:
Key: —Plat 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
WHEREAS,the Primary Parcel and Secondary Parcel are subject to the jurisdiction and requirements of the Monroe
County Comprehensive Plan and the Monroe County and
WHEREAS, this Unity of Title encumbers the Primary Pnruc| and Secondary Parcel (hereinafter oo||u%ivmh
"Unified Pam:e|");and
WHEREAS,Grantor(s)hereby attest(s)his/her/its/their recognition that this Unity of Title does not allow the Unified
pmoJ to be divided into separate parcels;and
WHEREAS, Grantor(m) 6mr:hv attest(s) his/her/its/their recognition that the Unified purze| shall hereafter
exclusively be considered ua one (|) parcel of land,and that no portion of said puwo6 of land may hereafter besold,
transferred, devised, or assigned separately, except in its entirety os one(l)parcel of land; and
WHEREAS, Grantor(s) horc6v 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 use(residential)structure
on the Unified Parcel; and
WHEREAS,tile consent of all mortgagee(s)and holder(s)of any all other encurnbrance(s) of or otherwise upon the
Unified Parcel is attached as Exhibit(s) ^^ '^ and If such consent is attached hereto, the undersigned
Grantor(s)` hereby aUeat(s)hoGrantee that no such mortgage(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 ofX}{ thousand dollars
($XX,XXX.XX) hv Grantee 10 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 mCTitle does not discharge, exempt, waive, ur otherwise release the undcmignedGruntor(o),
tenant(s) thereto, the personal vopreuento1ivc(m), heir(o), usyign(m), 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
future construction of accessory structures or establishment mfuses upon the Unified Parcel; and
NOW, THEREFORE, aoun inducement to Grantee for and in consideration of Grantee's payment of good and
adequate consideration, the adequacy, sufficiency, and receipt of which are hereby expressly acknowledged and
attested to,the undersigned Grantor(s) hereby grants,creates,and establishes a Covenant of Unity 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 undersigned Qrantor(m), and tenant(s) thereto, and aho|| remain in [u|| force and effect forever, and Grantor(s)
dec|are(m)and grant(m)uyfollows:
\) Recitals. The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein.
3) Restriction on Development.Notwithstanding the general permitted density,this Unity of Title:
A. limits the total density ofthe Unified Parcel tu one residential dwelling unit; and
B. retires all other density and prohibits the transfer of density; and
C. prohibits new accessory structures providing habitable space on the Unified Parcel; and
D. does not prohibit accessory uses and non-habitable accessory structures on the Unified Parcel; and
Habitable space means any structure equipped for human habitation such as, but not limited to,office,
kitchen, dining, living, laundry, bathroorn, bedroom, dun, family or recreational room; professional studio or
commercial ocoupanuy including all interior hallways, corridors, mkur*ayn and foyers connecting these areas.
exterior stairs and open decks and patios are not considered habitable structures.
3) Prohibition of Parcel Division.This Unity of Title prohibits the Unified Poruc| from being divided into separate
parcels, Subdivided, re-subdivided, platted, re-platted, or conveyed as separate parcels or transferred as separate
puvodm regardless of whether owned by single nr multiple owners.
4) Restriction on Conveyance. The Unified Parcel ohu|| hereafter exclusively be considered as one (|) parcel of
land,and that no portion of said parcel of land may hereafter be sold,transferred, devised, pledged, encumbered
nr assigned separately, except in its entirety oa one (|) parcel ofland.
5) Monroe County Property Appraiser Records. 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) No Conflicts.The undersigned Grantor(s)hereby covenant(s)with Grantee that Grantor(s) is/are lawfully seized
of the Unified Parcel in fee simple free and clear of all encumbrances that are inconsistent with the terms of and
exhibits attached tuthis Unity nfTitle, and fully u1\ent(s),worrun\(s),and du{end(s)the title tuand interest inthe
Unity of Title hereby conveyed against the lawful claims of all persons whomsoever.
7) Perpetual Duration. This Unity of Title is intended to benefit, run with the land io favor of, and shall inure to
Grantee, Monroe County, Florida.
0) Binding Effect. The undersigned (}raninr(y), and the personal reprumcntutivc(o), heir(o), aysigu(a), 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 Puruc| therein hcfbrc delinquency,
ohu|| keep such levies and assessments current, and shall not allow any lien(s) on the Unified Parcel superior to
this Unity of Title. \n the event of failure toso disallow such |icn(m), to extinguish such |icn(o), and/or toobtain
subordination of such \ien(s)1n this Unity ofTitle, in addition to any other remedy,the dumoge(s) and/or deht(s)
owed to Grantee shall constitute a lien against the Unified Parcel which shall automatically relate back to the
recording date of this Unity of Title.
q) Construction and Interpretation. 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 ofGrantee
and such construction and interpretation shall bcentitled to great weight un trial and onappeal.
lA) .
A. The uudcryiguedGranour(u) hereby agree tnthe recording ofthe Unity of Title together with all appropriate
and required Joinder(s) with the Clerk of the Circuit Court of Monroe County and agree tu the re-recording
of said documents at any time Grantee may require to preserve its(Grantee's) rights.
B. No amendment or modification tnthis Unity of Title is effective unless agreed to in writing by both Grantee
and the undersigned Grantor(s)and filed,together with all appropriate and required Joinder(s),with the Clerk
of Circuit Court uf Monroe County for recording in the 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 mc|eome by BDCC
| \)
A. The undersigned (3ruokx(s), tenant(s) thereto, the personal rcprener8uiive(y), heir(s) ussgn(s), and
successor(s) in title of the undersigned Grantor(s), and tenant(s)thereto, hereby x»and shall Submit
a copy of this filed and recorded Unity of Title together with(simultaneously in date and hmc with)all future
development applications relating |othe Unified Parcel. Such submission by the undersigned (}rank/r(y),
tenant(s)thereto,the personal representative(s),heir(s),assign(s),and successor(s) in title of the undersigned
{lruntor(s), and kcnanKu) \hcreto, xho|| beom the ugenuy(ieu), depadment(m), and office(s) in receipt ofnr
otherwise receiving Such development apphc/Himo(s). This rcgo|omcu< is non-exclusive to Monroe County
agencies,departments,and*ffi000' and isk»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 oprenerdeiivu(s), h6r(a),
uauign(s), and successor(s) in title of the undersigned Gran0o,(s)` and tenant(s) thereto, moyi 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 ofnrotherwise receiving such development
opp|icm(iuo(s).
B. The undersigned Q,un1oo(a), Kynunt(m), thereto, the personal repreoontadive(s), heidu), asaign(y), and
successor(s)in title of the undersigned Grantor(s),and tenant(s)hereto,shal I 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(m)and document numbcr(s)nf this Unity
of Title and all previously executed and recorded restrictions.
12) . If the undersigned Gnantor(m), tenant(s) thereto, the personal representuiive(s),
heir(s), msoign(y), and successor(s) in 1h|e of the undersigned 0run1nr(s), icnant(s), thereto, or any other non-
County natural perxon(s) nrlegal permon(o) are purty(ies) ioany suit, action, or proceeding, in law orinequity,
initiated, cross-initiated, counter-initiated, or filed by the County to enforce any pvovisioo(a), reybic!ion(o), or
term(s) contained herein, and consist(s) of more than one person(s) or entity(ies), such person(s) and entity(ies)
shall bejoinUy and severally liable.
|]) Non-Assignati!i1j. This Unity of Title shall not be assignable by the undersigned Grantor(s),tenant(s), thereto,
the personal roprcsontative(a), heir(m), uusign(s), orsucceayor(e) in title of the undersigned (}rentor(u), tenuni(s),
thereto, or any other non-County party with title to or an interest in the Unified Parcel, unless such assignment is
first approved hy Monroe County 00CCResolution.
\4) Notice and Service of Process.
A. All notices, consents,approvals, ur 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
/kktm: Senior Director
Subject: Unity o[Title
2790 Overseas Highway
Marathon, FL3]U50
And with a copy to:
Monroe County /\\k/rney,a()fhce
Subject: Unity ofTitle
''
Key West, FL ]]A40
15) The undersigned G,onoor(s), k:nmnKa) thereto, the
personal ,epreyuntaiive(s), he\dm), auyign(o), or successor(s) in the dUc of the undersigned 0xaniur(y), and
tenant(s) thereto, burcbv agree(s) that as o Dot condition precedent to his/her/its/their initiation oflitigation or
adversarial administrative proceedings against the County in the form oFa suit oraction arising out of,related to,
orin connection with this Unity nf Title,shall fini, prior to the initiation of such suit n,action,attempt to resolve
their dispute(s) and disagreement(s) by a meet-and-confer session heiv/uen himnc|f/herae|t/themse|veu and
Monroe County Planning 6t Environmental Resources Department staff and counsel of the Monroe County
Planning & Environmental Resources Department. If no resolution can be agreed upon within thirty (30) days
after occurrence of the aforesaid meet-and-confe r session,such issue(s)shal I next as a second condition precedent
to the initiation of such suit or action, be discussed at a public meeting of the Monroe County B0CCooxuning
in the sarne geographic sub-area as the geographic location of such Unity of Title(i.e., Upper Keys—Key Largo,
Middle Keys—Marathon, Lower Keys—Key VVea;. The undersigned Oruntnr(o),tcnmni(d thereto,the personal
ncpreaontative(n), heir(a), eoaign(d, ormuccesxor(y) iu title of the undersigned Gruntor(s)` and tenumt(e) <hcre\o,
hereby agree(s) that in the event he/she/it/they so initiate such suit or uuhoo without satisfying both of these
conditions precedent to their initiation or litigation or adversarial administrative proceedings against the County`
that the County ohu|| automatically be onddcd to an Order granting (]rantcc`a Motion to C)ionniaa and Florida
Statute Sec. 57.105 (2015) Motion for Sanctions and Attorney`o Pco (or, at Grantee's election (if applicable),
their Florida statutory equiva\ent(o), Federal equivo|ent(s),ornon-Florida legal oquivu|unt(a)).
\6) .
A. %n the event nf any litigation concerning the conditions, provisions, revisions, or terms of the Unity ofTitle,
Grantee, the undersigned {}rantor(o)' /eoont(m) thereto, the personal repreycutu1ivn(m)' heir(o), aaxiAn( ), und
successor(s) in the title of the undersigned Grantor(s), and 1enun1(s)thereto, hereby agree to expressly waive
and shall be treated as having expressly waived their right toa jury trial.
B. The undersigned Granior(a), tenant(s) thereto, the personal repreucntativc(a)' heir(y), asaign(s), or
successor(s) in title ofthe undermigned(}runtor(y), and 1cnant(o)thereto, bcrchy ugrcc(m)that nouhnrge(s)er
claim(s) shall hc made by it for any de|ay(e) or the effective date ofthis 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. . The County expressly reserves and in no way yhu|| be deemed to have waived for
itm�|f or for its othcer(a), cmp|nyee(s)' or ugont(o), any sovereign, governmental, and any other similar
defense, immunity,exemption,o,protection against any suit, cause-of-action, demand, or liability. Further,
no covenant, provision, or term of this Unity of Title shall be deemed to be a covenant or agreement of any
officer,employee,or agent of the County in his or her individual capacity,and no officer,employee,or agent
of the County shall be liable personally in this Unity of Title or be subject to any personal liability or
accountability hy reason of the execution of this Unity ofTitle.
E. . Nopomon(s) o,cn1ity(iea)shall be entitled to rely upon the terms,orany
ofihem, of this Unity of Title to enforce or attempt to enforce any third-party claim(s)ormniidement(s)|oor
bonefii(s) nf any servioc(m),torm(m),orpvogram(y) oontemp|otod hereunder.
\7)
A. Default Notice. In the event of breach or violation of the restrictions or terms hereof by Grantor(s),tenant(s)
thereto,the personal representative(s),heir(s),assign(s),or successor(s)in title of the undersigned Grantor(s),
or tenant(s) thereto, Grantee uho|\ provide written "Notice of Default" or "Notice of Violation" to such
o«vio| within thirty (30)duvm of receiving notice ofsuoh orvkdudon(s).
B.
Grantor(s) Breach or Violation.
|. Uncured breach(es) mvio by the undersigned Granton(s), tenmnt(s) Sureto, the personal
reprcyenkHive(y), hcir(s), monign(a), oroucoessor(e) in hdn of the undersigned {}runkn(s), or tenant(m)
thereto,of the terms of and restrictions imposed by this Unity of Title shall,without any additional notice
beyond this Unity ofTitle's recordation, entitle Grantee kn immediately auspend and/or rescind, without
liability to Grantee, development applications, pending permits, approvals, and inspections, and issued
development ordor(m)contingent upon the effectiveness of this Unity of Title and[}xmnk>r(n)compliance
thereto, the compliance oficnant(s) thereto, the compliance ofthe personal rcpmocnkgivc(s), hoir(m),
uomign(a), orsuccemuor(y) in title of tile undersigned (3nunk»r(m) thereto, and the compliance oftenmmt(a)
<hc,cto^ with the terms ofthis Unity of Title, applied for wr those permits, approvals, and/or inspections
necessary to uun: such breach(es) or vio|a¢ion(a). Such uncured breach(es) or violation(s) shall be
pn:oomed to coow1i{u(*breach(es)orvio|o1ion(n)that is/an: irreparable or irreversible in nature.
2. In the event uf any suit,action,or proceeding,in law orin equity,6vtile 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 hc entitled 0m reasonable attmcney`a fees,including trial,appellate,bankruptcy,and post-
judgement coutaand collection proceedings for the maintenance or defense of any such auit, action, or
proceeding,0nhc paid by the losing purty(ies)uo fixed bv the court. Any judgement sn rendered infavor
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 |om The County may recover
reasonable legal and professional fees attributable to the preparation,administration,and enforcement of
such suit, action, or proceeding, hnm any person(m) and/or enhty(ioy) from or whom a demand or
enforcement request is made, regardless of oo<uu} initiation of suit, action, or proceeding. These
remedies are in addition to any other remedy, fine, or penalty which may be applicable under, including,
but not limited to, Chapters 162.373, and 403' Florida Statutes, and any other action u1 law or in equity.
Grantee hereby agrees and the undersigned Grantor(s), tenant(s) thereto, the personal o:prcxentmtive(s),
hcir(x), aooign(s), and successor(s) in ddc of the undersigned 0runtor(e), 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 ofCivil Procedure.
3. Cumulative Remedies. In the event of any breach or violation of the restrictions or terms contained
hcnxio^Grantee shall,without liability to Grantee, have tile right toproceed at law urinequity as may be
neocyyu,y 1u enforce compliance with the restrictions nrterms hereof, to enjoin activities, construction,
maiotenanuc, pmodoea, repairs, and uses inconsistent with the rem\dcdunm 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 partc motion and action for such i 'uuchou(s), it being hereby expressly and opcoifico\|y ugmccd
that Grantee has no adequate remedy at law, or such other legal method as Grantee deems appropriate.
All rights and rcmcdioyaccruing tm the County shall bc assignable in whole orin part and becumulative;
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. ThcCounty`y resort toany one !mw(n) nnd/or
remedy(ies) in advance of any other shall not result in waiver or compromise of any other law(s)and/or
remcdy(ies). The undersigned (3rontn,(s)^ tenant(s) thereto, the personal rcprooeniotivu(s)' hoir(n),
umoign(s)' oraucccsaor(u) in title uf the undersigned Urantu/(m), and tenmnKs) thereto, hereby ugroc(m) io
and shall pay for all costs associated with Grantee's enforcement achun(m).
4. Failure o[the undersigned(}cuntor(s)`tenan1(o)thereto,the personal reprcmentadve(s), hcir(m), usdgn(a),
or successor(s)in title of the undersigned Grantor(s),or tenant(s)thereto,to comply with or perform any
act required by or under this Unity of Title ohm|| not impair the validity of this Unity of Title or the
conditions, prov|miVnn, reservations, restrictions, rights, or terms hereof or hmh their enforceability in
any way,
5. Enforcement u[the conditions, provisions, restrictions, and terms ofthis Unity of Title shall boakthe
discretion of the 0oantou. Onan1eu`u delay or failure to enforce or omission in the exercise of any
condition, provision, reservation, rcytdodun, right, or term contained herein, however long continued,
shall not be deerned 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),
or term(a) hereof, shall be construed to be a waiver of any succeeding breach of the same cond(don(s),
pnovinion(e), reaorva ion(o), reatridiou(s), hght(a), ortcnn(o) hereof.
\8)
A. Where required under this Unity of Title or nn|etcd ugrccmcnVo), the undersigned
[}rantor(s), tcnunt(m)thorctn, the personal zepreoeniutive(s), heir(y),oysign(y),and successor(s) in title ofthe
undersigned 0ran1or(m),and tcnunt(s)thereto,shall,tmensure the implementation of the government purpose
furthered by this Unity of Title, cooperate with Grantee's reasonable requests submitted to Gran1or(o),
tenant(s) thereto, {],untor`a personal rupruscntuhvc(u), hcir(s), umaign(y), and successor(s) in title, and
teuunt(o)then:tu, regarding the terms and conditions contained heroin.
|g) If any condition, provision,
reservation, restriction, right,orterm of this Unity of Title, or any podiou(o)thercof, is/are held to be invalid or
unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
ununfhrceabi|i1y of such condition, provision, reservation, restriction, right, term,or any partion(s)thereuf,shall
neither limit nor impair the operation, enforceability, or validity of any other condition, provision, reservation,
restriction, right' term, or any remaining portion(y) thereof. All such other conditions, provisions, reservation,
rca1riudons, rights, terms, and remaining portion(o)thereof shall continue unimpaired in full force and effect.
20) Captions and Paragraph Headings. Captions and paragraph headings, where used herein, are inserted for
convenience only and are not intended to descriptively limit the scope and intent of the paragraph or text to which
they refer.
21) No Encumbrances. The undersigned groninr(a), tenant(y) thereto, the personal rcprcmcn1o1ivc(s), heir(x),
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/i{y/theirkouw|edge, there are no superior encumbrances ormaterial u|aimu` 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, orwill dimioi»h, extinguish, interrupt, or subordinate the
effectiveness or operation of this Unity of Title's provim|on(y)' rcsiriotion(s), righi(s)^ and term(o) running in
perpetuity in favor ofGrantee, Monroe County, Florida.
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|icy(ien) and purpoae(y) ofthe Monroe County Comprehensive Plan and the
Monroe County Code(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.
23) . Each party tothis Unity of Title represents and warrants {nthe other that the execution,
delivery, and performance o[this Unity uf Title 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 of 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 incorporatedinto this
Unity ofTitle.
25) Effective Date. This Unity of Title will become effective upon recordation in the Official Records of Monroe
County, Florida.
TO HAVE AND HOLD UNTO GRANTEE FOREVER.
EXECUTED ON THIS day of 20................
WITNESSES TO ALL: GRANTOR(S)
First Witness(Print Name) Grantor No. I (Print Name)
First Witness(Signature) Grantor No. I (Signature)
(Complete Mailing Address above)
Second Witness (Print Name) Grantor No. 2(Print Name)
............................
Second Witness (Signature) Grantor No. 2 (Signature)
(Complete Mailing Address above)
STATE OF
COUNTYOF
The foregoing instrument, Monroe County Covenant of Unity of Title,was acknowledged before
me this-day of , 20__,by who is personally
known to me or produced..............................................................................................................._............_as proof of identification and did take an oath.
Notary Public(Print Name and Notary No.)
[NOTARY SEAL]
Notary Public (Signature)
MONROE COUNTY, L IDA ACCEPTANCE OF UNITY OF TITLE
In Witness Whereof, Grantee accepts the Covenant of Unity of Title granted above and executes this instrument
the date set forth below.
GRANTEE:
Monroe County, Florida:
First,Witness Print Name Senior Director, � _.....�... ......i....... ...
( ) actor, 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
COUNTY
Before me, the undersigned authority, personally appeared
on
this a._.__,..._..a_.._..day of 20 , who is personally known to me or produced as
proof of identification.
Sworn and subscribed to before me this day oYµW„ w„ ... .,20
Notary Public(Print Name and Notary No.)
[NOTARY SEAL]
Notary Public (Signature)