HomeMy WebLinkAboutItem G10 G10
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
May 21, 2025
Agenda Item Number: G10
2023-4018
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Cynthia Guerra
9:25 am
AGENDA ITEM WORDING: Approval of a Revocable License Agreement between Monroe
County Comprehensive Plan Land Authority and Lisete Yero of 116 North Drive, Key Largo, Florida,
33037, for the removal of encroachments on Monroe County conservation lands.
ITEM BACKGROUND:
Monroe County Land Authority(MCLA) staff recently discovered several encroachments onto County
conservation lands adjacent to a private residence at 116 North Drive, Key Largo, Florida 33037.
According to Property Appraiser's data, the subject private residence is owned by Lisete Yero.
Documented encroachments onto MCLA owned or managed lands included a tiki hut, shed, fence, fill,
and stored items and materials. The four(4) affected MCLA parcels are: Block 1, Lot 15, Bay Haven
Sec 1; and Block 16, Lots 26, 27, & 28 Bay Haven Sec 4, Key Largo. Additionally, the proposed
agreement includes a State-owned conservation land for which MCLA is the management agent: Block
1, Lot 17, Bay Haven Sec 1, Key Largo.
On September 25, 2024, MCLA sent a letter(copy attached), via Federal Express and First Class US
Mail, to Lisete Yero notifying Ms. Yero of the encroachments and requiring removal of all
encroachments by October 25, 2024.
On December 11, 2024, MCLA sent a second letter(copy attached), via First Class US Mail and US
Mail Certified,providing a last and final notice and demand for removal of all encroachments and items
on the MCLA parcels within thirty (30) days. The letter stated that MCLA would proceed with the
filing of litigation proceedings against Ms. Yero if all encroachments and items were not completely
removed from the MCLA parcels by January 10, 2025. A courtesy copy of the Complaint was enclosed
with the letter.
In January 2025 the Board approved the proposed filing of litigation proceedings against Ms. Yero for
the removal of said encroachments. However,prior to MCLA filing litigation proceedings, Mr. Yero
(spouse of Ms. Yero) contacted MCLA staff and agreed to remove items from the County conservation
lands. Since January 2025, Mr. Yero has removed some of the items including a shed and stored items.
2009
The remaining items will require permitting and contract labor, therefore a formal agreement with Ms.
Yero is required to complete the work on County conservation lands. The proposed Revocable License
Agreement will authorize Ms. Yero and her contractor(s) to complete the demolition and fill removal
work on the County conservation lands within specific time frames. Ms. Yero has executed the
attached agreement.
Per the Agreement, Ms. Yero, as licensee, is required to maintain liability and Workman's Comp
insurance for the work required under the agreement. Monroe County and the State of Florida Board of
the Internal Improvement Trust are also required to be added as additional loss payees under Ms. Yero's
homeowner's policy and Ms. Yero must submit proof of such within ten(10) days of the execution of
the agreement.
PREVIOUS RELEVANT BOCC ACTION:
January 15, 2025 - Board approved filing litigation proceedings against Lisete Yero for encroachments
onto MCLA lands (Agenda Item# G-13)
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
LTO Lisete Yero 9.25.24.pdf
Demand Letter 12.11.24 as mailed.pdf
Yero Revocable License Agreement 5-5-25 - Copy.pdf
FINANCIAL IMPACT:
NA
2010
R-0 P E ZA
S F 0 tssl E S
E INI A S
GREGORY S OROPEZA I ADELE V. STONES [Retired] I SUSAN M. CARDENAS, of Counsel
LISA MARIE KEHOE I KAI A. MURPHY
VIA FEDERAL EXPRESS AND
FIRST CLASS U.S.MAIL
.....................................................—---------- ..............
September 25,2024
Lisete Yero
116 North Dr.
Key Largo,Florida 33037
RE: Encroachment on to conservation land owned by the Monroe County Comprehensive Plan
Land Authority and-State llo,fFlorida:
Dear Ms.Yero:
This firm represents the interests of the Monroe County Comprehensive Plan Land Authority("MCLA").
MCLA owns lots 15, 26, 27 and 28 in Bay Haven subdivision which borders your property at 116 North
Dr., Key Largo,Florida 33037 ('l 16 North Dr."), which is lot 6. Additionally,MCLA manages Lot 17 in
Bay Haven subdivision and as such, owns or manages every parcel which surrounds 116 North Dr.
Collectively the lots MCLA owns and manages are herein referred to as the"MCLA Parcels".
You have unlawfully encroached onto the MCLA Parcels. Enclosed are photographs of some of the
offending items which were placed or constructed without evidence of proper permits from Monroe County
or consent from MCLA. The offending items include a tiki hut, storage shed, fence, fill, personal items,
and stored materials.
These items must be removed from the MCLA Property within thirty(30)days of this letter,or by October
25, 2024. Additionally, within said thirty(30) day time frame, you must make arrangements with MCLA
to complete restoration of the damaged to the habitat on the MCLA Parcels your actions caused. Failure to
do so will result in MCLA availing itself to its legal remedies, including, but not limited to, initiating a
lawsuit for trespass and ejectment.
Very truly yours,
JL.
Gregory S. Oropeza
Enc.
CC: Client
221 SIMONTON STREET I KEY WEST, FLORIDA 33040 IELEPHONE, 305.294.0252 JT,4X 305.402.2802
OROPEZASTONESCARDENAS.COM 2011
Aerial photos & ground photos of MCLA Parcels surrounding 116 North Drive, Key Largo
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Tiki and fence encroachment onto MCLA Parcels
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Shed and storage encroachment onto MCLA Parcels
Aerial view of encroachments onto MCLA Parcels
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Aerial view of 116 North Drive and surrounding MCLA Parcels-photo dated 2018
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Aerial view of 116 North Drive and surrounding MCLA Parcels—photo dated 2024
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VIA FIRST CLASS U.S. MAIL-AND
IL CERTIFIED MAIL: 92148969009997901654540314 December 11, 2024
.U.S..................
Lisete Yero
116 North Dr.
Key Largo, Florida 33037
RE: Encroachment on to conservation land owned by the Monroe County
Comljremmmmensive Plan Land Authority and State of Florida:
Dear Ms. Yero:
As you are aware, this firm represents the interests of the Monroe County Comprehensive Plan
Land Authority("MCLA"). MCLA is the legal title owner of lots 15, 26, 27 and 28 in Bay Haven
subdivision, all of which border your property at 116 North Dr., Key Largo, Florida 33037 ("l 16
North Dr."). Additionally, MCLA manages Lot 17 in Bay Haven subdivision and as such, owns
or manages every parcel which surrounds 116 North Dr. Collectively the lots MCLA owns and
manages are herein referred to as the"MCLA Parcels".
You have unlawfully encroached onto the MCLA Parcels by installing/building and storing, or
causing to be installed/built and stored, several unpermitted structures and items, including, but
not limited to, a fence, a tiki hut, pavers, storage enclosures, building materials, and other items.
These items and structures have been placed/built on the MCLA Parcels without the express
permission or knowledge of MCLA, and as such these items represent unauthorized
encroachments on the MCLA Parcels. You were previously placed on notice of these
encroachments and your requirement to remove all such items and restore the MCLA Properties
to their pre-encroachment conditions by way of that certain Demand dated September 25, 2024,
which was received by you on September 30, 2024.
This Notice shall serve as your LAST AND FINAL NOTICE AND DEMAND FOR
REMOVAL OF ALL ENCROACHMENTS AND ITEMS ON THE MCLA PARCELS.You
are required to remove all encroachments and other items placed or built on the MCLA Parcels
within thirty (30) days of the date of this Notice, or on or before January 10, 2025. In the event
you fail to remove all encroachments and items placed on the MCLA Parcels and to completely
restore the MCLA Parcels on or before January 10, 2025, MCLA will proceed with the filing of
litigation proceedings against you to force such removal and for damages associated with your
221 SIMONTON STREET I KEY WEST, FLORIDA 33040 TELEPHONE 305.294.0252 1 t—,AX 305.402.28021
OROPEZASTONESCARDENAS,COM 2014
actions and the restoration of the MCLA Parcels. A courtesy copy of the Complaint which will be
filed by MCLA no later than January 11, 2025 has been enclosed herewith.
GOVERN YOURSELF ACCORDINGLY.
Very truly yours,
�o
we.w
Gregory S. Oropeza
Enc.
CC: Client
2015
IN THE COUNTY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN AND FOR MONROE COUNTY
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY, a land authority
under Section 380.0663(1),Florida Statutes,
and Monroe County Ordinance Number 031-1986,
Plaintiff, Case No.
VS. Judge:
LISETE YERO and ANY AND ALL OTHER
PARTY OR PARTIES IN POSSESSION,
Defendants.
.__..W .......---- .... _.. _ ......../
COMPLAINT FOR EJECTMENT INJUNCTIVE RELIEF AND TRESPASS
The Plaintiff,MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a
land authority under Section 380.0663(I), Florida Statutes, and Monroe County Ordinance
Number 031-1986, by and through the undersigned counsel, files this Complaint for Ejectment,
Injunctive Relief, and Trespass against Defendants,LISETE YERO and ANY AND ALL OTHER
PARTY OR PARTIES IN POSSESSION, and states:
I. The Plaintiff, MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY(the"PLAINTIFF")is a land authority under Section 380.0663(1),Florida Statutes,
and Monroe County Ordinance Number 031-1986 OWNING LAND IN Monroe County,Florida.
2. The Defendant,LISETE YERO(the"DEFENDANT"or"YERO")is an individual
and resident of Monroe County, Florida, and is the owner of that certain property located at 116
North Drive,Key Largo, Florida 33037 (the"Yero Property").
3. The Defendant, ANY AND ALL OTHER PARTY OR PARTIES IN
POSSESSION("ALL OTHERS")are unknown persons who may assert an interest in this action.
1
2016
4. This is an action to eject the Defendants and their possessions from real property in
Monroe County, Florida, and for an order of injunctive relief and trespass.
5. The Plaintiff owns the following real properties in Key Largo, Monroe County,
Florida:
a. Lot 15, Bay Haven subdivision, Key Largo, Florida pursuant to that certain
Warranty Deed recorded in Book number 1224, Page number 502, Parcel ID No. 00515980-
000000("Lot 15").A copy of the Property Card for the subject Parcel is attached hereto as Exhibit
«A.55
b. Lot 26, Bay Haven subdivision, Key Largo, Florida pursuant to that certain
Warranty Deed recorded in Book number 1209, Page number 735, Parcel ID No. 00519190-
000000. pursuant to that certain Warranty Deed recorded in Book number 1209,Page number 735
("Lot 26").A copy of the Property Card for the subject Property is attached hereto as Exhibit`B."
c. Lot 27, Bay Haven subdivision, Key Largo, Florida pursuant to that certain
Warranty Deed recorded in Book number 1209, Page number 735, Parcel ID No. 00519200-
000000 ("Lot 27"). A copy of the Property Card for the subject Property is attached hereto as
Exhibit"C;"and
d. Lot 28, Bay Haven subdivision, Key Largo, Florida pursuant to that certain
Warranty Deed recorded in Book number 1209, Page number 735, Parcel ID No. 00519210-
000000 ("Lot 28"). A copy of the Property Card for the subject Property is attached hereto as
Exhibit"D."
(cumulatively the "MCLA Properties")
COUNT I-EJECTMENT
6. The MCLA Properties are conservation lands and are not subject to use or
2
2017
development by any person or entity.
7. Th.e.Plaintiff has been the registered owner of each lot since:
a. Lot 15 since August 1, 1992;
b. Lot 26 since April 1, .1992;
c. Lot 27 since April 1, 1992; and
d. Lot 28 since April 1, 1992.
8. Ttie Yero Property is largely sturounded by the MCLA, Properties,
9. The Defendants began illegally developing the MCLA Properties without the
Plaintiff's knowledge or consent as early as 2018.
1.0. From available aerial photographs,the Defendants installed pavers over portions of
the MCLA Properties sometime between 2018 and 2021 without the Plaintiffs knowledge or
consent. See 2018 and 2021 aerial pfiiotograph,attached hereto as Exhibit"E."'
Ill. From available aerial photographs, the Defendants inStrdled a tik.i but on Lot 27
between 2022 and 2023 withmit the Plaintiffs knowledge or consent. See 2022 and 2023 aerial
photograpl-i, attached here-to as Exhibit
12. The Defendants have placed or constructed a tiki hut, storage shed, fence, fill,
personal items, and stored materials on the Plaintiffs MCLA Properties without the Plaintiffs
knowledge or consent. See photographs attached hereto as Exhibit"G."
13. There is no written or oral agreement which allows the Defendants to building or
place anything on the MCLA Property, nor is there any written or oral agreement authorizing the
Defendants to maintain any personal property, pavers, structures or other items on the MCLA
Properties.
14. The Defendants have been asked to remove all unauthorized items which they
3
2018
placed or constructed on the MCLA Properties,including but not limited to a tiki hut,storage shed,
fence,fill,personal items,and stored material,from the Plaintiff's MCLA Properties. See Demand
Letter dated September 25, 2024, mailed to the Defendants via FedEx, attached hereto as Exhibit
«H.55
15. As of the date of this filing, the Defendants have failed or otherwise refused to
vacate and remove all of their items from the MCLA Properties,and are therefore uninvited guests
subject to ejectment of their person and possessions.
WHEREFORE, the Plaintiff, MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY, a land authority under Section 380.0663(1),Florida Statutes, and Monroe County
Ordinance Number 031-1986, respectfully requests that this Honorable Court enter an order of
judgment against the Defendants, LISETE YERO and ANY AND ALL OTHER PARTY OR
PARTIES IN POSSESSION,for immediate ejectment of all persons and property from the MCLA
Properties,together with an award of attorney's fees and costs,and such further relief as this Court
deems just and proper.
COUNT II—INJUNCTIVE RELIEF
16. The Plaintiff reasserts and realleges the allegations set forth in Paragraphs 1 through
5 as if fully set forth herein.
17. The Defendants have placed and/or constructed a tiki hut, storage shed, fence, fill,
personal items, and stored materials on the Plaintiff's MCLA Properties without the Plaintiff's
knowledge or consent.
18. Public records clearly establish that the property upon which the Defendants have
chosen to place or construct a tiki hut,storage shed,fence,fill,personal items,and stored materials
is the legal property of the Plaintiff.
4
2019
19. The evidence establishes a substantial likelihood that the Plaintiff will prevail on
the merits of this case.
20. The tiki hut, storage shed, fence fill,personal items and stored materials which the
Defendants have caused to be placed and/or constructed upon the Plaintiff s MCLA Properties are
unauthorized encroachments upon the Plaintiff s MCLA Properties.
21. There is no adequate remedy at law to fully remove all such encroachments and to
return the Plaintiff to the position which it was in prior to the Defendant's unauthorized actions.
22. The Plaintiff will be irreparably harmed absent the entry of an injunction as the
Plaintiff's rightful ownership of the MCLA Properties may be in doubt if the Defendants'
encumbrances are not removed.
23. Injunctive relief will serve the public interest.
WHEREFORE, the Plaintiff, MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY, a land authority under Section 380.0663(1), Florida Statutes, and Monroe County
Ordinance Number 031-1986, requests that this Honorable Court enter an Order of injunction to
enjoin the Defendants, LISETE YERO and ANY AND ALL OTHER PARTY OR PARTIES IN
POSSESSION, from using any portion of the MCLA Properties, and requiring the Defendants to
immediately remove all encumbrances from the MCLA Properties, and to award damages for the
use of the MCLA Properties and the costs of repair of the MCLA Properties, as well as an award
of attorney's fees and costs, and such further relief as this Court deems just and proper.
COUNT III-TRESPASS
24. The Plaintiff reasserts and realleges the allegations set forth in Paragraphs 1 through
5 as if fully set forth herein.
25. The Defendants unauthorized possession and entry of the Plaintiffs MCLA
5
2020
Properties constitutes a trespass.
26. As a result of the Defendants' unlawful entry and possession of the MCLA
Properties,the Plaintiff is being deprived of its right to exclusive possession and use of the MCLA
Properties.
WHEREFORE, the Plaintiff, MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY, a land authority under Section 380.0663(1),Florida Statutes, and Monroe County
Ordinance Number 031-1986, respectfully requests that this Honorable Court enter an order of
injunction to enjoin the Defendants, LISETE YERO and ANY AND ALL OTHER PARTY OR
PARTIES IN POSSESSION, from entering the MCLA Properties without the express permission
of the Plaintiff, and to award damages for the cost of removal of all structures, property, and
possessions placed and/or constructed on the MCLA Properties by the Defendants, and damages
for repairing the damage to the MCLA Properties caused by the Defendants, together with an
award of attorney's fees and costs, and such further relief as this Court deems just and proper.
DATED: _......... ...............— ,2024.
Respectfully submitted,
OROPEZA, STONES &CARDENAS,PLLC
221 Simonton Street
Key West,Florida 33040
Telephone: 305-294-0252
Facsimile: 305-294-5788
Primary: greg@oropezastonescardenas.com
Secondary: gae@oropezastonescardenas.com
/s/Elizabeth M.Kehoe
Elizabeth M.Kehoe,E sq
Florida Bar No. 127571
Gregory S. Oropeza,Esq.
Florida Bar No. 56649
6
2021
Exhibit A
Lot 15 Property Card
2022
"PROPERTY RECORD CARD**
Disclaimer
The Monroe County Property appraiser's office maintains data can property within the County solely for the purpose of
fulfilling its responsibility to secure a just Valuation for ad valorem tax purposes of all property within the County.The
Monroe County property appraiser's office cannot guarantee its accuracy for any other purpose,Likewise,data
prov ded regarding one tax year may not be applicable in prior air subsequent years, y requesting such data,you
herebyy understan and agree that the data is intended for ad valorem tax purposes only and should not be relied on for
any c►tFier purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 51595 0
Account# 1635243
Property ID 1635243
Millage Croup 500p
Location Address VACANT LAND,KEY LARGO
Legal Description CBK 1 LT 15 BAY HAVEN SEC 1.P132 25 KEY LARGO G23-202/03 ORS01-517D/C OR12.24-502/03 OR2197-1.546/1.570DEC OR2312-1281183DEC
Neighborhood 10021
Property Class STATE PARKS(5000)
subdivision BAY HAVEN SEC 1
Se /Rng 14/62/38
Affordable Housing No
Owner
iI�..��s..........,.-_......�W�..--..e.us.
1200 Truman Ave
Ste 207
Skin"1 6)-iat>_n F02040
Valuation
M 2024 Certified Values 2023 Certified Values 2022 Certified Values 2021.certified Values
@ t� Me. 0
$0 $0
$0. _.. $0
+ Market Misc Value $0 $0_........ ............, _, �.. „„ _,,,,
+ Marked and Value $10, $10, $10, $10,000
us Market a ue $10, $10,000 $10, _ $10,000
Total Assessed ed Value $10, 0 $10,000 $10,000 $10,000
-,1
School Exempt ($10,000) ($10,000) ($1-0,000) ($10,000)
,,..
School Taxable Value $0 $0 $0 $0
Historkal Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exemi Value Taxable Value Maximum Portability
2024 $to,
0 0, $0 - ®,m.1-1
$o $lo $10.CartO $io 0„. � $0
I I $10000 $0 $0 $10000 $10000 $10000 $0
„ .
$10> $0 $0 $10
2 $10000 $10000 $0 $0 .
2021 $10,000 0 $100D0 $10000 $10,000 $0 $0
11
-� .. _
2020 $1C}oafs $o o �o aoo $lo Sao $o $o
m $10000 .,.,,... $10, _--
10 000 1
2019 $10,000 ............... $0 $0 0,000 $lOCxi4 _ ,�..,..
2015 $10,000
$0 $0 e ®„
$10,000 $1p,000 _.
ho I,- x ill wq I 'r,bflil k,-����,:cirri r�,:rl,,,.irJ l��xaIdIol:bPrra'rt d u. rlw,d ,i7lI ire,.ulir
I..and
Land Use Number Unit Type Frontage Depth
®® , . _
_.,.,.... ®,
RESTC}ENTIALDRYUNPERMI .....TTED(O1gM) 1.00 Lot m 50 100
2023
Sales
Sale 13ate Salle Price linstrument I struimera Mariber_!�......... Deed Book 13eed Page Sale QuAfication Vacant or Jimproved GrallItOr Grantee
8/111992 $7,,700 Warrainty 1!)eed 1224 5102
02 M"-U I n u I a I Ufve I d Vac 11 ant
11 I
View Tax lido
Map
it
No data available for the following modules:Buildings,Yard Items,Permits,Sketches(click to enlarge),Photos,TRIM Notice.
i)-velarx.,d b,,
SCHNEIDER
...............
Upl'.".v'l I U26/2024
2024
Exhibit B
Lot 26 Property Card
g
2025
"PROPERTY RECORD CARD**
Disclaimer
The Monroe County property Appraiser's office maintains data on property within the County solely for the purpose of
fulfill"un its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The
Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data
Pppr ovided regarding one tax year may not be applicable in prior or subsequent years.By requestin such data,you
er reby understand and agree that than data is intended-for ad valorem tax purposes Only and shaou d not be relied on for
any Othaer purpose,
By continuing into this site you assert that you have read and agree to the above statement,
Summary
Parcel ID 00519190-000000
Account# 1638439
Prop"ID 1638439
Milla8e Group 500P
Location Address VACANT LAND,KEY LARGO
Legal Description BK16LT26 BAY i WEN SEC 4Pl32-79 KEY LARGO P83-14OR471-37OR865-2 2OR1209-735OR1224-2448C
(No', '',e)r r,P
Neighborhood 10021
(Property Class STATE PARKS(8000)
Subdivision BAY HAVEN SEC 4CORRECTED
Se Wp/Rng 14/62138
Affordable Housing No
Owner
#m�a"�O�li"a:�f��au„Ifdll��aal°�II�Mra';14V!I� i+�LlgCd�lYl/V�IN::�
1200TrumanAve
Ste 207
Valuation
2024 Certified Values 2023 Certified Values 2022 Certified Values 2021 Certified Values
Mon bums i yet.. _. ,..,,,,.,,, „,.. $0 $0 _,. — $0 _,,,,, _, ,,,,,.,.,. $ ,.
+ Market M lisc Ualue $0 $0 $0 ........ $0
$10,000
$100000.
+ MlarketLandValue $10„000 $10, 0,
... — .®,,,,,,,,,®,,.,,,,,,,,,
Jus-Y�arketVafue $10, $10,000 $10, $10,000
total Assessed Value $4A9 $449 $372 $339
,4
Schad Exempt Value ($10,000) ($10,000) ($10,000) ($10, ).
School Taxable Value $0 $0
Historical Assessments
Year Land Value Buildln3 Value Yard item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2024 $10 $0 $0 $10, $ 9 $9.0, $0 $0
_.... _..... _
2023 $10000 $0 $0 $10,000 $409 $101000 $0 $0
2022 $10,011 010 $0„ $0 $10, $372 $10,000 $0 $0
2021 $10,000 $0 $0 $10, $339 $10 $0 $0
a -
me _ —
2020 $10 $0 $0 $10, ®e$309 $10000 $0 $0
®... ,
2019 $1000Q}
$0 $0 $20,000 $281 $10,000 $0 $0
�2018„„ $10,000 $0 $0 $10,000 $256 ,...., $�200, o0 y® $�,
((U I'IRw(I ri)If I'oI(,;a '.im^,fiI c r;}1(, irr W:�t.dlIo x,I I In di l l hill U 1111,.c1 r n u it',.rlI w,1 ,n"raIlf .10 L(I, "r I d,711'rk:;,l liOU I'i$,
Land
L.arrd Use Number of units Unit Type Frontage Depth
_ .......................
(8600) 1.00 ®.,.........
Lot 50 too
2026
Its
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
4/1/1992 $1 Warranty Deed 1209 735 M-Unqualified Vacant
VlewTa c Info
Map
� M
No data available for the following modules:Buildings,Yard Items,Permits,Sketches(click to enlarge),Photos,TRIM Notice.
Develoc=xi by
SCHNEIDER
-. hereuy
'1 1 r. r '�f✓I
L..
2027
Exhibit C
Lot 27 Property Card
9
2028
**PROPERTY RECORD CARD**
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The
Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise;data
provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you
ereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for
any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
St rnmary
Parcel ID 00519200-000000
Account# 1638447
PropertylD 1638447
Millage Group 500P
Location Address VACANT LAND,KEY LARGO
Legal Description BK 16 LT 27 BAY HAVEN SEC 4 PB 2-79 KEY LARGO PB3-14 OR471-37 OR865-2002 OR1209-735 OR1224-2448C
1,No W:p-"d,"etr,l�,rl on F",flr,r,,ur�r,-Irf;.7
Neighborhood 10021
Property Class STATE PARKS(8000)
Subdivision BAY HAVEN SEC 4 CORRECTED
Sec/Twp/Rng 14/62/38
Affordable Housing No
Owner
LE IN!? lu,dl I f" ¢1l flP"P II'::I Pl lip { P.del J l l 111"d
�M4.!'1�4-4rwyi'811'Ii1P
1200 Truman Ave
Ste 207
Waer.14`1 104 0
Valuation
2024 Certified Values 2023 Certified Values 2022 Certified Values 2021 Certified Values
ge ..,_,..,..... m.d _ $ _.,. m,,,, _ e,,.,.,.,.,.,
I atl ye $0 0 $0 $0
+ MarketMiscValue $0 $0 $0 $D_..,, ...e e,,...... _,,,,,,,,,, ®,.,.,,,0
+ Market Land Value $10,000 $10,000 $10,000 $10,000
= 1ustMarketValue $10,000 $10,000 $10,000 $10,000
= Total Assessed Value $449 $409 $372 $339
_.. .. m
School Exempt Value ($10,000) ($10,000) ($10,000) ($10,000)
School Taxable Value $0 $0 $0 $0`
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2 $10,0 $0 $0 10
202210,000 $0 $0, $ $302 $10000 „ $0,,,,,a„ $0...
024 00 10000 $449 $ ,000 $0 0
$
2023 $
$30000, $ $10,000 $0 $0
2021 $10,000 $0 $0 $10,000 $339 $10000 $0 $0
2020 $10,000 $0 $10,0
$0 00 $309 $10000 $0 $0
2019 $10,000 $0 $0 $10,000 $281 $10,000 $0 $0_....... ,,,,,
2018 $10,000 $0 $0 $10,000 $256 $i0,00o .... $o .. $0
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lLand
Land Use Number of Units Unit Type Frontage Depth
(8600) 1.00 Lot 50 100
2029
SaWs
SA Date SAePOce Instrurnent Instrument Number Deed Book Deed SaNet�uaNlf�catNon OCacau�t.orNmp�rovad Grantor Iarantee
,.. „
4/1/1992 $1 WarrarutyrlDeed „e., 1.209 735 .. M Unquafified
a1 Vacant
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SCHNEIDER
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2030
Exhibit D
Lot 28 Property Card
10
2031
"PROPERTY RECORD CARD**
(Asp,°laiurner
The Monroe County property Appraiser's Office maintains data On property within the County solely for the purpose Of
fulfilling its responsibility tO secure a just valuation for ad valorem tax purposes Of all property within the County.The
Monroe County property Appraiser's office cannot guarantee its accuracy for any Other purpose.Likewise,data
provided r ardu`n one tax year mayy not be applicable in prior or subsequent years.By requestin slash data,yo u
uereb u.�nderstan and agree that tl'e data is untended 6Or ad valorem-tax purposes Only and should not be relled On for
any Olen purpose.
y continuing into this site yOua assert that you have read and agree tO the above statement.
Summary
ParcelRD 519210 0000
Account# 1638455
Property ill 1638455
MillaseGroup 500P
Location Address VACANT LAND,KEY LARGO
Legal Description RK 16 LT 28 RAY HAVEN SEC 4 PR 2-79 KEY LARGO PR3-14 OR471-37 OR865-2002 OR1209-735 OR1224-2 8C
f I,:�;,ANC rlw,�I,'. �il t w. aP.i'GSJ
Neighborhood 10021
Property Class STATE PARKS(8000)
Subdivision RAY HAVEN SEC 4 CORRECTED
Se wp/Rng 14/62/38
Affordable blousing No
Owner
M2 41 a:}I C F2 4 222EI 11f1'hl,, 'l f BAI d,"iN
Fkld6[IME","
1200 Truman Ave
Ste 207
tc Ki&$v.Wpd—rl!,3;.040
Valuation
_ 2024 Certified Values 2023 Certified Values 2022 Certified Values 2021 Certified Values
Mon' t I q4 , yeFL
,,. ... ®,.,......... $0 $0 $0.,. .,� _.,, $0
+ Market Misc Value
®
+ Market Land Value $10,000 $10, $10,000 $10,0010
_....,e..,. _........ _ . .-.....m..........
= Just Market Value $10,000 $10 $101 $10,000
Total Assessed Value $449 9 $372 _,,....
, $339
_.,.,,,�IPool Exempt Value
($30,000) ($10, ) ($10, ) ($101 )
School Taxable Value $0 $0 11$0 $0
1,...listorical Assessments
Year Land .. Exempt Value Taxalble Value 691axinwuura Portability
2024 $10,000` e Building Value Yard lteun Value Just(Market)Value Assessed Value Exempt
�..
_$0 $o $10,000 9 $10,000 $0 $0
2023 10 0
$1
OOoo $409 $10,Oo0 $� .r $0
2021 $10,6 $0,,, $0 $1 .....,
0 $
2022 $10000 $0' $ 0000 �37z $1®,®00 $o $0—
0 339 $101 $0 $0
$10, $
2020 $10 $0 $0 $10, $309 $10,0010 $0 $0
m„ _ ..,,,,,.
2019 $10 $0 $0 ,$0
_.0 $10,� $256 $10 0
2018 $10, $0 $0 $0
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Laud
Land Use Nusmer o6 Ul bmits Unit Type Q rontage Depth
®..,....e..
(8600) 1.00 Lot 50 ........... 100
2032
Sales
&dc ICDaQe ,ale POce instrument @Instrur neat IRitimber Deed BIDOIC Deed lfan�a Sale Puallofnc xtuon Vacant or Improved Grantor Grantee
_ _..,. _....., ,e ,.,.. �......,.,, ,..... u _iat
4/1/11 4 9 2 $1 Warranty Deed 209 735 IMF-U ualPfwed VacasrP
View Tax linfo
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SCHINEIDER
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Exhibit E
2018 and 2021 Aerial Photographs
2018:
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11
2034
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2035
Exhibit F
2022 and 2023 Aerial Photographs
2022:
13
2036
2023 :
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14
2037
Exhibit G
Photographs
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15
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Exhibit H
Demand Letter
17
2040
,S T,0J',`,,,J E S
A �)C' 11E S
'I" 'i 0 I'� r4 E S: A—1' 1. A 1-1 W
GREGORY S CIROPEZA I ADELE V. STONES [Retired] I SUSAN M. CARDENAS. of Counsel
LISA MARIE KEHOE I KAI A. MURPHY
VIA FEDERALEXPRESS AND
................ --------. .. AND
FIRST CLASS U.S.MAIL
Lisete Yero September 25,2024
116 North Dr.
Key Largo,Florida 33037
RE: Encroachment on to conservation land owned by the Monroe County Comprehensive Plan
Land Authorit") and State of Florida:
Dear Ms.Yero:
This firm represents the interests of the Monroe County Comprehensive Plan Land Authority CIMCLA!j.
MCLA owns lots 15, 26,27 and 28 in Bay Haven subdivision which borders your property at 116 North
Dr.,Key Largo,Florida 33037("I 16 North Dr.'),which is lot 6.Additionally,MCLA manages Lot 17 in
Bay Haven subdivision and as such, owns or manages every parcel which surrounds 116 North Dr.
Collectively the lots MCLA owns and manages are herein referred to as the"MCLA Parcels".
You have unlawfully encroached onto the MCLA Parcels. Enclosed are photographs of some of the
offending items which were placed or constructed without evidence of proper permits from Monroe County
or consent from MCLA- The offending items include a fild hut, storage shed,fence,fill,personal items,
and stored materials.
These items must be removed from the MCLA Property within thirty(30)days of this letter,or by October
25, 2024. Additionally,within said thirty(30)day time frame,you must make arrangements with MCLA
to complete restoration of the damaged to the habitat on the MCLA Parcels your actions caused.Failure to
do so will result in MCLA availing itself to its legal remedies, including, but not limited to, initiating a
lawsuit for trespass and ejectment.
Very truly yours,
.................,,
Gregory S.Oropeza
Enc.
CC: Client
221 SIMONTON STREET I KEY WEST,FLORIDA 33040 TELEPHONE 305.294.0252 1 FAX 305.402.2802 1
OROPEZASTONES CARDENAS.COM
2041
Aerial photos&ground photos of MCLA Parcels surrounding 116 North Drive,Key Largo
A
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Md and fence encroachment onto MCLA Parcels
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2042
Shed and storage encroachment onto MCLA Parcels
Aerial view of encroachments onto MCLA Parcels
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Aenal'rwew f 116 Nol y ' �„
Al(1 k N (t
rth Dnve and surrounding MCLA Parcels—photo dated 2018
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Aerial view of 116 North Drive and surrounding MCLA Parcels—photo dated 2024
2043
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REVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT (the "Agreement") is made this µm ITm mm day of
2025, by and between MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY, a land authority under Section 380.0663(1), Florida Statutes, and Monroe County
Ordinance Number 031-1986("Licensor")and LISETE YERO("Licensee")
WITNESSETH:
WHEREAS,Licensor is the owner of certain vacant land known as Lots 15, 26, 27 and 28 and
the management agent for Lot 17,all of which are located in Bay Haven subdivision, Key Largo, Florida
33037, more particularly described as follows:
Lot 15, Block 1, SECTION-1- BAY HAVEN, according to the map or plat thereof
as recorded in Plat Book 2, Page 28, Public Records of Monroe County, Florida.
Parcel Identification Number: 00515980-000000
Lot 17,Block 1, SECTION-1-BAY I IAVEN, according to the map or plat thereof
as recorded in Plat Book 2, Page 28, Public Records of Monroe County, Florida.
Parcel Identification Number: 00516000-000000
Lot 26,Block 16,SECTION-4-BAY HAVEN,according to the map or plat thereof
as recorded in Plat Book 2, Page79, Public Records of Monroe County, Florida.
Parcel Identification Number: 00519190-000000
Lot 27,Block 16,SECTION-4-BAY HAVEN,according to the map or plat thereof
as recorded in Plat Book 2, Page79, Public Records of Monroe County, Florida.
Parcel Identification Number: 00519200-000000
Lot 28,Block 16, SECTION-4-BAY HAVEN,according to the map or plat thereof
as recorded in Plat Book 2, Page 79, Public Records of Monroe County, Florida.
Parcel Identification Number: 005 1 92 1 0-000000
(the above referenced lots are hereinafter collectively referred to as the"MCLA Property"); and
WHEREAS, Licensee owns that certain land located at 116 North Drive, Key Largo, Florida
33037, more particularly described as follows:
Lot 16,Block 1, SECTION-1- BAY HAVEN, according to the map or plat thereof
as recorded in Plat Book 2, Page 28, Public Records of Monroe County, Florida.
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Parcel Identification Number: 00515990-000000
(Hereinafter"116 North Drive")
WHEREAS, Licensee and/or Licensee's predecessors in title installed, or caused to be installed,
certain per fitted structures and other items which encroach (the "Encroachments") upon the MCLA
Property; and
WHEREAS,Licensee has agreed to remove all such Encroachments;and
WHEREAS, in order to effect such removals, Licensee has requested temporary access through
the MCLA Property for purposes of removal of all Encroachments and restoration of the MCLA Property
to its pre-encroachment condition.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledge, the parties agree as follows:
1. Licensor hereby grants to Licensee a revocable and non-assignable license to enter on, over and
across the MCLA Property for the purpose of removing all Encroachments from the MCLA Property and
for restoration of the MCLA Property to its pre-encroachment condition. Licensor reserves to itself and its
successors and assigns, all such right, title, interest and privilege as owner in fee simple of the Licensor
Property.
2. Licensee is required to procure all licensing,permits and approvals as required by law through the
Monroe County Building Department for the removal of all structures and land fill from the MCLA
Property. Licensee shall submit all necessary paperwork to obtain the necessary permits within fourteen
(14) days of the date of this Agreement. Licensee, at Licensee's sole expense, is required to remove from
the MCLA Property all of the following:
A. Chain-Link Fencing
B. Tiki it
C. Fill Material—removed down to natural grade
D. Pavers
E. Jacuzzi/hot tub
F. Electrical Infrastructure(outlet near the jacuzzi/hot tub)
3. All demolition and restoration work shall be completed within sixty (60) days of the date of
issuance of the required demolition permit. Licensee must place Licensor on notice by electronic mail to
Cynthia Guerra at Guerra-Qy v -FL.Qpy with a copy to Gregory S. Oropeza at
Greg(,!,Qropezastoneseardenas.com of any delays in completion of the demolition and restoration work,and
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Licensor, at Licensor's sole discretion, shall provide for any reasonable extensions of the sixty (60) day
completion deadline.
4. Licensee and/or Licensee's contractors shall be authorized to utilize machinery inclusive of a small
bucket or similar small digger for the removal of fill, however, all such machinery shall remain on 116
North Drive at all times and shall only be permitted to allow any bucket apparatus to extend over onto the
MCLA Property to remove fill. Fill removal around bases of trees must be done by hand to avoid any
damage to the trees and shrubbery on the MCLA Property. Additionally, portions of lots 26 and 27 of the
MCLA Property contain an endangered species of cactus, Harrisia fi-agrans, which requires additional
measures of protection. Licensee and/or Licensee's contractors are required to install silt fencing or
construction fencing around all Hari-isiafragrans, which will be identified to Licensee and/or Licensee's
Contractor prior to beginning any work, and such fencing shall be required to remain in place throughout
the duration of the demolition and restoration.
5. Licensee shall be permitted to maintain the existing chain-link fence along the East side of 116
North Drive,where it borders Lot 15 of the MCLA Property and does not encroach into MCLA Property.
After fill is removed from Lot IS of MCLA Property,Licensee shall be required to install a retention wall
along this section of chain-link fence, within one foot of the existing fence. This portion of the retention
wall may extend onto MCLA Lot 15 if necessary but may not extend more than I foot into the MCLA
Property. In all other locations where the fence is to be removed from the MCLA Property the Licensee
shall retain the remaining fill on their property using a retention structure that is fully located on the
Licensee's property, and not extending onto MCLA Property.
6. Licensee understands that planting of native vegetation, which was removed by Licensee and/or
Licensee's predecessors in title,may be required as part of this Agreement and Licensee herein consents to
such planting, at Licensee's sole expense. Licensor shall provide to Licensee,within ten (10) days of the
date of this Agreement, a list of the names and quantity of each plant and/or shrub that is required to be
planted on the MCLA Property by Licensee at the completion of the demolition asp of the restoration
of the MCLA Property. Licensee is responsible for ensuring that planted trees and shrubs survive and shall
provide irrigation within the first six months post planting. Specific irrigation requirements will be outlined
by the Licensor and provided to Licensee.
7. Licensor shall have the right to revoke and terminate this Agreement with or without cause, with
thirty (30) days' written notice to Licensee. Written notice given or sent by Licensor to Licensee, shall be
deemed to have been fully given and/or sent,when made in writing and deposited in the United States mail,
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certified or registered and postage prepaid, or when received, via hand delivery or nationally recognized
overnight courier and addressed to the following address: Attn: Lisete Yero, 116 North Drive,Key Largo,
Florida 33037. In the event Licensee's items, materials and/or belongings, or any items, materials and/or
belongings which belong to any person(s) or entities retained by Licensee to effect the removal of the
Encroachments and restoration of the MCLA Property, are not removed from the MCLA Property in
response to written notice of termination from Licensor, or should Licensor find it necessary in the event
of an emergency to act immediately, Licensor may remove Licensee's and/or Licensee's retained
person(s)/entities'items,materials and/or belongings from the MCLA Property and shall not be responsible
for damage incurred due to such removal. The costs incurred by the Licensor associated with any such
removal shall be home by Licensee. This Agreement shall expire upon the earlier of one hundred eight
(180)days from the date of execution or the closure of all building permits necessary to complete the work
required under this Agreement.
8. This Agreement is personal to Licensee and may not be assigned or transferred except that the
Parties acknowledge that the MCLA Property may be utilized by Licensee's contractors working pursuant
to any contract under which such contractors or person(s)have been retained by Licensee for the removal
of all Encroachments from the MCLA Property and restoration of the MCLA Property, Licensee shall not
assign, sublease, or grant use rights to the Property to anyone. Any attempted disposition by Licensee of
an interest in the Property without Licensor's prior written consent shall be void and confer no rights upon
any third person or entity,and grounds for immediate termination of this Agreement.
9. Licensee or its contractor(s)agree to maintain the following insurance coverages,narning Licensor
as an additional insured through the to of this agreement:
Public Liability Insurance: $1,000,000/$1,000,000/$1,000,000
Workers Comp WC3: $1,000,000/$1,000,000/$1,000,000
Licensee shall also ensure that any contractors working on behalf of Licensee and who are using the
Agreement area shall also provide the same insurance coverage in favor of Licensor through the to of
this agreement.
Licensee shall further add Monroe County Land Authority and the State of Florida Board of the Internal
Trust Fund,as additional loss payees under the homeowners' policies of insurance which Licensee has for
116 North Drive and shall submit proof of such addition to Licensor within ten (10) days of the date of
execution of this Agreement.
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Furthermore, Licensee agrees to indemnify and hold harmless and defend Licensor, its officers, agents,
managers,members,tenants,and employees against any and all claims,losses,liabilities,and expenditures
of any kind, including attorneys' fees, court costs, and expenses, caused by the conduct, misconduct,
negligence, error, omission, or act of Licensee and/or his/its/their officers, directors, shareholders,
employees, agents, professors, students, intems, or invitees, or accruing, resulting from, or related to the
subject matter of this Agreement, including without limitation, any and all claims, demands or causes of
action of any nature whatsoever resulting from injuries or damages sustained by any person or property,
whether or not suit be brought. The provisions of this indemnification provision shall survive the expiration
or earlier termination of this Agreement.
10. If any action of the Licensee and/or his/its/their officers,directors,shareholders,employees,agents,
invitees,or customers results in damage to the MCLA Property,Licensee shall,at its sole cost and expense,
immediately repair such damage in a manner acceptable to Licensor.
11. Licensor does not warrant or represent that the MCLA Property is safe or suitable for the purpose
for which Licensee is permitted to use it,and Licensee assumes all risks in its use.
12. Upon the termination of this Agreement, Licensee shall return the MCLA Property to Licensor in
the same or better condition than received on the effective date hereof,clean and cleared of all trash,debris,
personal property, and equipment of any kind.
13. Covenants of Licensee.
13.1. Licensee shall procure all licensing,permits and approvals as may be required by law, and
shall comply with all governmental rules,regulations,policies,and/or laws,including but not limited to the
Monroe County Code of Ordinances.
13.2 Licensee shall not use the MCLA Property or permit any part of the MCLA Property to be
used for any unlawful, disreputable, or hazardous purpose, nor shall Licensee operate or conduct its
business in a manner constituting nuisance of any kind. A violation of this covenant shall be cause for
immediate termination of this Agreement.
13.3 Licensee shall keep the MCLA Property clean and free of garbage, debris, trash and any
other property,whether owned by Licensee or others,with the exception of items used in connection with
the restoration activities contemplated herein.
13.4 Licensee shall not occupy, obstruct, or otherwise encumber areas outside of the MCLA
Property and shall not block access to the MCLA Property.
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13.5 No use of the MCLA Property shall be made or permitted to be made, or acts done, or that
will create a fire or safety hazard, or as shall cause a cancellation of any insurance policy covering the
MCLA Property.
14. Miscellaneous Provisions.
14.1 This Agreement shall be governed and construed in accordance with the laws of the
Monroe County,Florida and the State of Florida.
14.2 If any provision of this Agreement shall be determined by a court of competent jurisdiction
to be invalid or unenforceable, such determination shall not affect the remaining provisions of this
Agreement,all of which shall remain in full force and effect.
14.3 This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
14.4 This Agreement may not be amended, modified, superseded, cancelled, renewed or
extended,and the to and conditions hereof may be waived, except by a written instrument signed by all
the parties or, in the case of a waiver,by the party waiving compliance. No delay on the part of any party
in exercising any right,power or privilege hereunder shall operate as a waiver thereof,nor shall any waiver
on the part of any party of any right, power or privilege hereunder, nor shall any single or partial exercise
of any right,power, or privilege hereunder preclude any other or further exercise thereof or the exercise of
any other right,power or privilege hereunder. The rights and remedies herein provided are cumulative and
are not exclusive of any rights or remedies which any party may otherwise have at law or in equity. The
rights and remedies of any party arising out of or otherwise in respect of any inaccuracy in or breach of any
representation,warranty,covenant or agreement contained in this Agreement shall in no way be limited by
the fact that the act, omission, occurrence, or other state of facts upon which any claim or any such
inaccuracy or breach is based may also be the subject matter of any other representation,warranty,covenant
or agreement contained in this Agreement(or in any other agreement between the parties)as to which there
is no inaccuracy or breach.
14.5 All of the to and provision of this Agreement shall be binding upon,inure to the benefit
of and be enforceable by each of the parties hereto and their respective heirs, executors, successors and
assigns.
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IN WITNESS WHEREOF, the parties hereto have executed and/or caused this Agreement to be
executed the day and year first above written,
LICENSOR:
Print Name:
Address:
By: ................... ......................................... ..............................
Prini Name": .................. ...... David Rice, Chairman
................. ............... .................. ...........
Address:
Approved as to legal sufficiency:
............................
Gregory S. Oropeza,Esq.
LICENSEE:
By: ,,
�i'gnature o itness Lisete Yero
.............. . ------
Printed Na!7 of Witness
Address of Witness
.......... . ......
Signature of Witness
.................
Printed Name of Witness
Address of Witness
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