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Home My WebLink About11/01/2024 Agreement Doc#2479560 Bk#3298 Pg#1947 Electronically Recorded 11/1/2024 at 1:38 PM Pages 6 Filed and'Recorded in Official Records of MONROE COUNTY KEVIN MADOK E lectronicallyREC: $52.50 THIS INSTRUMENT PREPARED BY AND RETURN TO: .111 Gregory S.Oropeza,Esq. r Oropeza,Stones,&Cardenas,PLLC 221 Simonton Street Key West,FL 33040 LAND USE RESTRICTION AGREEMENT BLOCK 11,LOT 12,TROPICAL BAY THIRD ADDITION (PB 5-81)ON BIG PINE KEY WITH PARCEL ID#00314240-000000. THIS LAND USE RESTRICTION AGREEMENT(hereinafter "Agreement")is made and entered into as of the 5' day of J() , 20 etween MONROE COUNTY (hereinafter "County") and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter "Land Authority"), a land authority pursuant to section 380.0663(1), Florida Statutes and Monroe County Ordinance No. 031-1986(hereinafter"Land Authority"),and their respective successors and assigns. RECITALS A. The site legally described as Lot 12, Block 11, Tropical Bay Third Addition as recorded in Plat Book 5, Page 81, of the Public Records of Monroe County, Florida(hereinafter "Subject Property") located at 30499 Hawk Lane, bay side of Big Pine Key, with Parcel ID Number 00314240-000000. B. The County has adopted Resolution 572A-2023 nominating the.Subject Property for purchase by the Land Authority, with subsequent conveyance to the County for density reduction purposes. C. The Land Authority has contracted to purchase the Subject Property. D. As a condition of the Land Authority purchasing the Subject Property,the County has agreed that the Subject Property shall only be used consistent with Florida Statutes 380.0666 (3)(a)for density reduction. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the County and the Land Authority do hereby contract and agree as follows: Page 1 of 6 Doc.#2479560 Page Number: 2 of 6 ARTICLE I COMPLIANCE WITH LAND AUTHORITY REQUIREMENTS In order to comply with the Land Authority's requirements pursuant to section 3 80.0663(1),et seq.,Florida Statutes and Monroe County Ordinance No.031-1986,County hereby covenants and agrees as follows: 1.01 The restrictions contained in this Article I shall not expire, shall run with the Subject Property in perpetuity and shall be binding upon the County. 1.02 Use of the Subject Property shall be restricted as to density and therefore all density associated with the land is hereby extinguished and the Subject Property hereby and always shall have no density. Consistent with Article VII,Division 2 of the Monroe County Code, the Subject Property may be resold subject to this Land Use Restriction Agreement. 1.03 The County is responsible for ensuring compliance with the restrictions in this Article I and expressly agrees to furnish, upon the Land Authority's request, written certification thereof. ARTICLE II CONSIDERATION The Land Authority has purchased the Subject Property and is donating same to the County. In consideration of said donation, the County and the Land Authority have entered into this Agreement. ARTICLE III RELIANCE In performing its duties hereunder, the Land Authority may rely upon statements by the County of the Subject Property believed to be genuine and to have been executed by the proper person or persons,and upon audits of the books and records of the County pertaining to occupancy of the Subject Property. ARTICLE IV TERM This Agreement shall become effective upon its execution and delivery and shall remain in full force and effect without expiration,unless modified by mutual written consent of the parties. Page 2 of 6 Doc.#2479560 Page Number:3 of 6 ARTICLE V ENFORCEMENT If the County defaults in the performance of its obligations under this Agreement or breaches any material covenant, agreement or warranty of the County set forth in this Agreement, and if such default remains uncured for a period of thirty (30) days after written notice thereof shall have been given by the Land Authority to the County,then the Land Authority may take any action at law or in equity or otherwise to address said default(s). However, if the default stated in such notice can be corrected, but not within the thirty (30) day period, and if the County adopts a plan to correct or cure the default and commences the correction within the thirty (30)day period (subject to any rights of tenants in possession of units under a valid lease agreement),and thereafter diligently pursues the same to completion within such extended period,the Land Authority shall not have waived its right of enforcement if the default remains uncured after the expiration of the extended cure period. ARTICLE VI RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND 6.01. Upon execution the County shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the official public records of Monroe County and shall pay all fees and charges incurred in connection therewith. 6.02 This Agreement and the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, respectively, the County and the Land Authority and their respective successors and assigns during the term of this Agreement. ARTICLE VII GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. ARTICLE VIII NOTICE AND EFFECT All notices and other communications to be made or permitted to be made hereunder shall be in writing and shall be delivered to the addresses shown below or to such other addresses that the parties may provide to one another in accordance herewith. Such notices and other communications shall be given by any of the following means: (a)personal service or(b)national express air courier, provided such courier maintains written verification of actual delivery. Any notice or other communication given by the means described in subsection (a) or (b) above shall be deemed effective upon the date of receipt or the date of refusal to accept delivery by the party to whom such notice or other communication has been sent. Page 3 of 6 Doc.#2479560 Page Number:4 of 6 Land Authority: Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 Attention: Executive Director County: Monroe County 1100 Simonton St Key West, FL 33040 Attention: County Administrator Monroe County Office of County Attorney 1111 12th Street, Suite 408 Key West, FL 33040 Attention: County Attorney Any party may change said address by giving the other parties hereto notice of such change of address in accordance with the foregoing provisions. ARTICLE IX MISCELLANEOUS 9.01. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions shall not in any way be affected or impaired. 9.02. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument and each of which shall be deemed to be an original. Page 4 of 6 Doc.#2479560 Page Number:5 of 6 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT BLOCK 11, LOT 12,TROPICAL BAY THIRD ADDITION(PB 5-81)ON BIG PINE KEY WITH PARCEL ID#00314240-000000. IN WITNESS WHEREOF, the County and the Land Authority have caused this Agreement to be signed,sealed and attested on their behalf by duly authorized representatives,all as of the date first set forth above. WITNESSES: Monroe County AAD MAO Print: '-614he,ri,n.t. to,rAvIC .401fik. (A# . leay or Hol 1 Raschein Print: 111.7rei tiAC*AC. Address: 1100 Simonton Street Key West,Florida 33040 J vformand le l x ; 1 Approved as too lity Z1 28 j53//I/A a /4*/ •s rkiwoh,“: Robert Shillinger, Esq. 1" \IA ��: a Ait .r /a n 0-414 tsfi I STATE OF FLORIDA COUNTY OF MONROE The fore Ding instrument was acknowledged before me by means of physical presence this m5.--day of UC4ober ,2024 by Holly Merrill Raschein as Mayor of Monroe County. Said person is personally known to me or has produced a valid driver's license as identification. , alt,e TW/ otary Public; State of Florida CORM• • , w,ASEt, Print Name: calk iticleestkallotwy PubNc MyCommission Expires: I - . S of Florida P :-•41= ammo HH210621 My Commission No.: OR 1 OLD' 1 Expires 12/21/2025 Page 5 of 6 Doc.#2479560 Page Number: 6 of 6 COUNTERPART SIGNATURE PAGE TO LAND USE RESTRICTION AGREEMENT BLOCK 11,LOT 12,TROPICAL BAY THIRD ADDITION(PB 5-81)ON BIG PINE KEY WITH PARCEL ID#00314240-000000. IN WITNESS WHEREOF, the County and the Land Authority have caused this Agreement to be signed,sealed and attested on their behalf by duly authorized representatives,all as of the date first set forth above. WITNESSES: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY 1*:*! --t„; Print: ...; •- 4 NAA %A/17 By: e, Chairman irman P. Print: OCA t VA-US Address: 1200 Truman Avenue Suite 207 Key West,FL 330 O 1!£rFtgkro� l. ;1'7676. Approved as to form and legality PP [SEAL]Jr-) • L; w f i 11 (•C Jt Gregory S. Oropeza Esq. STATE OF FLORIDA COUNTY OF MONROE The foregoin instrument was acknowledged before me by means of pr esence this '_' day of 20f by David P. Rice, as Chairman of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY,a land authority p ursuant to section 380.0663(1),Florida Statutes and Monroe County Ordinance No.031-1986,on behalf of the Land Authority. Said person is ersonall known o me or has.produced a valid driver's license as identification. 10°. ../P‘ Notary Public; . tate of Fl•rida Print Name: �, aussd�e�oN momyBno�y�Rapup ..��:..� .. ,.. .- da salidx3 wimp,cw s LZ 9 ,,,,,,,,• My Commission Expires: CA L HN#uolsswiu+o3 My Commission No.: - -.-` -i ` epuou do aleiS-311Qnd jje3oN r ,., % unsom NW .,,d,? rt,.,. DINAANN GA:BeUZZA �° ��: Notary Public-State of Florida Page 6 of 6 •� 424218 027 `-"� '�= Commission#HH My Comm.Expires Sep 17, Bonded through National Notary Assn.