WHEREAS, the OWNER has agreed to participate in the future construction of sidewalks to
the extent of their pro-rata share and has also waived any right to object to a future
assessment for the said sidewalks; and
WHEREAS, the OWNER has requested a waiver of sidewalk requirement at this time pursuant
to Chapter 62, Article VII, Division 4; and
WHEREAS, the parties hereto are desirous of placing their agreement in writing.
NOW, THEREFORE, for and in consideration of One Dollar ($1.00) and other good and
valuable considerations, the receipt whereof which is hereby acknowledged, the OWNER
agrees as follows:
1) The above recitals are true and correct and by this reference are hereby incorporated
into and made an integral part of this Agreement.
2) The OWNER shall pay his pro-rata share for sidewalk improvements, according to
Chapter 98 of the Brevard County Code of Ordinances, and as may be amended from
time to time, or any other applicable ordinance or law.
3) The OWNER hereby agrees that should the County in its sole discretion determine
sidewalks are necessary on the property described in Exhibit “A”, and if the COUNTY
elects under the provisions of Chapter 170 of the Florida Statutes or Chapter 98, Code
of Ordinances of Brevard County, Florida, to initiate a program of special assessments
for sidewalk installation against all the private property adjacent to the property
described in Exhibit “A”, the OWNER hereby affirmatively consents to the application of
the special assessment procedures in accordance with the provisions of Chapter 170,
Florida Statutes, or Chapter 98 Code of Ordinances of Brevard County, Florida, to their
property in lieu of installing sidewalks at this time.
4) The OWNER agrees to provide to the COUNTY any easements necessary to construct
and maintain sidewalks should the COUNTY choose to initiate a program of special
assessments for sidewalk installation at a future date.
5) The OWNER however, reserves the right to apply to the Equalization Board under the
provisions of Section 170.08, Florida Statutes, to request any adjustment and
equalization of any assessment which would be applied against their property. The
procedures of Chapter 98, Code of Ordinances of Brevard County, Florida, if applicable,
may also be used by OWNER to request a modification of the amount of the
6) This Agreement and its covenants, terms, and conditions shall be binding upon and
inure to the benefit of the successors and assigns of the parties hereto and shall run
with the lands described in Exhibit “A”.
7) In the performance of this Agreement, the OWNER shall keep books, records, and
account of all activities, related to the agreement, in compliance with generally accepted