Laserfiche WebLink
WHEREAS , the County and the Developer entered into a Developer ' s Agreement <br /> on December 13 , 2005 ("Developer ' s Agreement") with respect to right-of-way <br /> acquisition, roadway and drainage improvements , intersection improvements , and other <br /> improvements described in the Development Order and required by the Planned <br /> Development ; and <br /> WHEREAS , a dispute arose between the parties as to whether Waterway Village <br /> is vested for traffic concurrency; and <br /> WHEREAS , the parties have worked in good faith to resolve their disputes and <br /> have agreed to certain terms and conditions which require that the Developer ' s <br /> Agreement and the Development Order be amended ; and <br /> WHEREAS , the County pursuant to Section 380 . 06 ( 19) , Florida Statutes , adopted <br /> Resolution 2010 - 037 approving an Amended and Restated Development Order for <br /> Waterway Village ("Amended and Restated Development Order") on <br /> May 11th 12010 . <br /> NOW , THEREFORE , in consideration of the mutual terms , conditions , promises , <br /> covenants and premises hereinafter stated, and other good and valuable consideration, the <br /> receipt and sufficiency of which is hereby acknowledged , the County and the Developer <br /> agree to enter into this Amended Agreement and to agree as follows : <br /> 1 . Recitals : The foregoing recitals are hereby incorporated as if fully <br /> restated herein . <br /> 2 . Entire Agreement : This Amended Agreement supersedes all previous <br /> agreements and representations , whether oral or written, between the Developer and the <br /> County and that certain Developer' s Agreement entered into on December 13 , 2005 <br /> between Indian River County and DiVosta Homes , L . P , and recorded in Official Records <br /> Book 1988 , Pages 765 - 777 of the Public Records of Indian River County, Florida. <br /> 3 , Building Permits and Vesting : <br /> A . Building permits for Waterway Village shall be issued in staged <br /> increments and vested for traffic concurrency as follows : <br /> (i ) 733 single family dwelling units in Phases I and II were previously <br /> vested for traffic concurrency and shall remain vested for traffic <br /> concurrency through December 31 , 2016 . Development of a <br /> recreational /clubhouse on 2 . 2 acres , the school site , and <br /> preservation areas may also commence at any time and under the <br /> County' s development regulations are not subject to concurrency <br /> and are therefore deemed vested . <br /> RM : 7031940 : 9 <br /> Page 2 of 14 <br />