HomeMy WebLinkAboutDeclaration of Restrictions 03/26/2026 Doc#2537284 Bk#3372 Pg#2422 Electronically Recorded 3/27/2026 at 10:10 AM Pages 5
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC: $44.00
This instrument was prepared by:
Gregory S. Oropeza, Esq.
Oropeza Stones Cardenas PLLC
221 Simonton Street
Key West,FL 33040
DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS(the"Declaration")is made and entered
into as of 266i day of March, 2026, by FISHERMAN'S HEALTH, INC.,a Florida not-for-profit
corporation (hereafter referred to as "Fishermen's") and MONROE COUNTY, a political
subdivision of the State of Florida(hereafter referred to as"Monroe County").
WITNESSETH THAT:
WHEREAS, On June 16, 2021, pursuant to that certain Special Warranty Deed recorded
in Official Records Book 3106, Page 2158, Public Records of Monroe County, Florida, Monroe
County acquired from Fishermen's the real property legally described as:
Lots A-4 and D-14, of SOMBRERO SUBDIVISION NO. 6, according to the
Plat thereof as recorded in Plat Book 2, Page 93, of the Public Records of
Monroe County,Florida.
(the"Property"), and
WHEREAS, pursuant to the Agreement for Purchase and Sale dated January 20, 2021,
between Monroe County as Purchaser and Fishermen's as Seller(the"Contract"),Monroe County
agreed to restrict the Property for a period of fifteen(15)years from medical uses, and
NOW, THEREFORE, in consideration of Fishermen's selling the Property to Monroe
County and the conditions set forth in the Contract and other valuable considerations, the receipt
and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. The foregoing recitals are true, correct and are incorporated herein by this reference as
if set forth in their entirety.
2. Neither Monroe County nor any successor owner of the Property shall develop or
utilize the Property for medical related uses,including,but not limited to a day hospital
or short-term hospital, an outpatient or urgent care facility, a free standing emergency
department,a dedicated emergency department,an ambulatory surgery facility or other
type of facility that provides outpatient surgery, or an endoscopy facility (collectively
"Medical Uses"), or permit any tenant, lessee or assignee to utilize the Property for
Medical Uses. Notwithstanding the foregoing this restriction shall not apply to non-
profit federally qualified health centers which operate as low-cost health providers,
operators and users of comprehensive primary and behavioral health care services,
Doc.#2537284 Page Number: 2 of 5
which were already operating and/or providing medical services in the City of
Marathon, Florida as of June 16, 2021. For clarity and avoidance of doubt, by way of
example and as an example only, in the event an owner of the Property has an existing
medical facility or provides existing medical services in the City of Marathon, Florida,
then in such owner shall not be bound by the restrictions set forth herein.
3. The limitations, covenants and restrictions contained in this Declaration shall be for the
benefit of Fishermen's. This Declaration shall be recorded in the Public Records of
Monroe County, Florida, shall constitute a covenant running with the land and shall
remain in full force and effect and be binding on the owners of the Property until such
time as this Declaration is modified or terminated as provided for herein.
4. The Declaration shall be binding on the owners on the Property until June 18, 2036,
after which time this Declaration shall be deemed terminated upon its own
terms/expiration.
5. Fishermen's, and its successor, if applicable, shall have the right to enforce the terms
and conditions of this Declaration, at law or in equity, to prevent the occurrence or
continuance of any violation of any provision of this Declaration. In the event
enforcement of the terms of this Declaration become necessary,the party violating the
terms and conditions of this Declaration shall be liable to Fishermen's or its successor
for all costs and fees incurred by Fishermen's or its successor in enforcing the terms of
this Declaration, including reasonable attorney's fees at the trial and appellate levels.
6. This Declaration may be modified or amended only upon written agreement executed
by Fishermen's and Monroe County, or their successors, if applicable.
7. The invalidation of any one of the limitations, covenants or restrictions, which shall
remain in full force and effect.
8. This Declaration shall not restrict Monroe County or any successor owner of the
Property from selling, assigning or conveying its interest in the Property or placing a
mortgage on the Property.
9. The failure of Fishermen's, or its successor, if applicable, to insist upon strict
performance of any of the terms or conditions of this Declaration shall not be deemed
to be a waiver of any rights the Fishermen's or its successor, if applicable, may have
hereunder or at law or equity and shall not be deemed a waiver of any subsequent
breach or violation.
10. This Declaration shall be binding on Fishermen's and Monroe County and their
respective successors and assigns and upon any successor owners of the Property.
Doc.#2537284 Page Number: 3 of 5
11. The invalidation of any provision of this Declaration by judgment or court order shall
in no way affect any other provisions of this Declaration.
12. Nothing herein contained shall be deemed to be a gift or dedication of any portion of
the Property to the general public or for the general public or for any public purpose
whatsoever.
13. This Agreement shall be governed by and construed in accordance with the internal
laws of the State of Florida. Venue for any action arising out of, or in any connected
with this Agreement, shall be in the Circuit Court in Monroe County,Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Declaration to be
executed by their authorized representatives as of the day and year first above written.
(Signatures are on the next pages)
Doc.#2537284 Page Number: 4 of 5
FISHERMEN'S HEALTH,INC., a
Florida not-for-profit corporation
P— �
Name: By:
Address: Zl65 Name: nA- LoPsa- c•4ZcQvc�-
Title: t/P R.4/'TisrA{�.4-e-ref
Name:
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STATE OF ®
COUNTY OF —
The foregoing instrument was acknowledged before me by means of physical presence or [�
online notarization, this -A day of L42h _, 2026 by � � , as
Vp (FISHERMEN'S HEALTH INC.,a Florida not- or-profit corporation.
HeHe/sue s�_ersonal v known to me or has produced as
identification and did not take an oath.
[Notary Seal]
4ita ture, F Nota
Name: 1 V L
My Commission Expires:
�►Fr�r` HILDA ROSA PORTAL
4f`; Notary Public-State of Florida
Commission P HH 77E708
12,131,11
,� " My comm.Expires Mar 23,2027
Banded through National Notary Assn.
Doc.#2537284 Page Number: 5 of 5
Signed, sealed and delivered in the presence of:
MONROE COUNTY,a political
subdivision of the State of Florida
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Title:Na e: J '�Nu By:,
A dr s: rR-S ° Nato
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Approved for form and legal sufficiency
Robert B. Shillinger, Digitally signed by RobertB.
® Shillinger,Jr.
J r, Date:2026.03.2415:53:29-04'00'
Address: By.
Robert B. Shillinger,Jr.
County Attorney
STATE OF dt.l&L
COUNTY OF ION
The foregoing instrument was acknowledged before me by means of Vphysical presence or L]
online notarization,this A day of !. ei ,2026 by_ l����,as
of MONROE COUNTY, a political subdivision of the State of Florida.
Ze/shLe4iPIpp'eCr-sonally known to me or has produced as
identification and did not take an oath.
[Notary Seal]
gnatueNSi of
Name:
My Commission xpires:
Notary Public State of Florida
Kscey M.Hunt
My Commission HH Jf3339
Expires 3/13/2030