TERMINATION AND RELEASE OF DECLARATION OF RESTRICTIVE COVENANTSPrepared by and after
recording return to:
E.D. Armstrong, III, Esq.
Hill, Ward & Henderson, P.A.
600 Cleveland Street
Suite 800
Clearwater, FL 33755
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
iNST# 2016011289 01/1412016 at 08:42 AM
OFF REC BK: 19051 PG: 102 -106
DocType:TERM RECORDING: $44.00
TERMINATION AND RELEASE OF DECLARATION OF RESTRICTIVE
COVENANTS
THIS TERMINATION AND RELEASE OF DECLARATION OF RESTRICTIVE
COVENANTS (the "Release ") is made on 4t0 1 7 , 2015, by 25 COUNTRYSIDE
WEST, L.L.C. ( "Current Owner "), successor -in- interest to EXECUTIVE CORPORATION OF
CLEARWATER, INC. ( "Previous Owner "), a Florida limited liability corporation and the CITY
OF CLEARWATER, a municipal corporation ( "City ").
RECITALS
WHEREAS, as a condition of approval for the development of the real property
described on Exhibit A attached hereto and incorporated by this reference (the "Property "), and
pursuant to the requirements of that certain Second Amended and Restated Development
Agreement between Previous Owner and City dated May 30, 2006, and recorded in Official
Records Book 15155, Page 2700, of the Public Records of Pinellas County, Florida (the
"Agreement "), Previous Owner executed and recorded that certain Declaration of Restrictive
Covenants dated July 10, 2006 and recorded in Official Records Book 16239, Page 991, of the
Public Records of Pinellas County, Florida (the "Restrictions ");
WHEREAS, the Agreement and Restrictions run with the land, and are binding on
successive owners; and
WHEREAS, the City has determined that the Property encumbered by the Restrictions
has not been developed as required by the Agreement; and
WHEREAS, the Current Owner and City have determined the Restrictions are no longer
necessary to protect the Property or the City and are no longer applicable to the future
development of the Property; and
WHEREAS, paragraph 4 of the Restrictions requires written consent of the City
Commission, for any alteration, amendment or termination; and
WHEREAS, the City Council held a public hearing on a 11 1 1 S and at such
hearing passed Resolution IS--.)4 agreeing to terminate and release the Restrictions; and
NOW, THEREFORE, in consideration of the recitals set forth above, which are
incorporated herein by this reference, Ten Dollars ($10.00) in hand paid, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City
hereby releases the Property described in Exhibit "A" attached hereto and made a part hereof
(together with all buildings and improvements located thereon), from any and all terms,
conditions, agreements and covenants contained in the Restrictions, including, without
limitation, the use restrictions contained in Paragraph 2. The City hereby affirms and agrees
that: (a) no provision, term, covenant or condition in said Restriction remains in effect as of the
date hereof; and (b) the City claims no right, title or interest of any kind or nature in said
Property or the improvements located thereon. This Release is executed in favor of the Current
Owner and may be relied on by the Current Owner and any successor to the Current Owner in
title to the Property.
THIS RELEASE has been executed as of the above - written date by the Current Owner
and the City.
[Remainder of Page Intentionally Blank]
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(SIGNATURE PAGE TO RELEASE AND TERMINATION OF RESTRICTION)
IN WITNESS WHEREOF, Holder has executed this Agreement on the day and year first
above written.
STATE OF FLQRIDA
COUNTY OF IIVf
CURRENT OWNER:
25 COUNTRYSIDE WEST, L.L.C., a Florida
limited liabili ► o oration
By:
Print Name:
Title:
The ,foregoing instrument was acknowledged before me on ° 2015, by
1 i'as , ;� (., ,f 25 COUNTRYSIDE WEST, L.L.C., a Florida
limited liability corporation, on behalf of such entity. Such person is personally known to me or
has produced a valid driver's license as identification.
NOTARY PUBLIC — S ATE OF FLORIDA
My Commission Expires: 5fi /7e/ b
PATRICIA M. MCMANUS
NOTARY PUBLIC - STATE OF FLORIDA
COMMISSION # EE197398
EXPIRES 5/9/2016
BONDED THRU 1- 888- NOTARY1
[GM15- 1420 - 190/174972/1] - 3 -
(SIGNATURE PAGE TO RELEASE AND TERMINATION OF RESTRICTION)
Countersigned:
Re/3gt V't t42,
George N. Cretekos
Mayor
Camilo A. Soto
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was
Vtik,,M , 2015, by GEORGE N.
Florida, who is [ ✓ ] personally
as
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
By:
Attest:
Lo,,t , 14644,4Liat
William B. Horne II
City Manager
k,c.a.E.. rrL 4.k.c.. 0
Rosemarie Call
City Clerk
acknowledged before me this Z-4--v‘
- day of
CRETEKOS, as Mayor of the City of Clearwater,
known to me or has [ ] produced
identificatio
Notary Public
Print Name:
My Commission Expires:
Scott Burrows
MISSION / FF164993
EXPIRES: October 1, 2018
WWW.AARONNOTARY.COM
The foregoing instrument was acknowledged before me this 41 day of
)-e ,t) btAt , 2015, by WILLIAM B. HORNE, II, as City Manager of the City of
Clearwater, Florida, who is [ ✓] personally known to me or who has [ ] produced
as identification.
411. 221Alleia
Notary Public
Print Name:
My Commission Expires:
Scott Burrows
ISSION A FF164993
EXPIRES: October 1, 2018
WWW,AARONNOTARY.COM
[GM15- 1420 - 190/174972/1] - 4 -
EXHIBIT A
Legal Description
LOTS 1 THROUGH 240, INCLUSIVE AND TRACT A, COSTA VERDE, ACCORDING TO
THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 132, PAGES 38
THROUGH 55, INCLUSIVE, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
7211707v1