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2010-120B
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2010-120B
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Last modified
2/11/2016 11:39:11 AM
Creation date
10/1/2015 2:13:27 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
05/11/2010
Control Number
2010-120B
Agenda Item Number
10.A.1.
Entity Name
DiVosta Homes
Subject
Waterway Village Amended Settlement Agreement
Reference Resolution No. 2010-121
Supplemental fields
SmeadsoftID
9683
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RESOLUTION MO-92010- <br /> * The 20 , 000 square feet of Neighborhood Commercial uses will not be vested for <br /> traffic concurrency if the traffic impact fees for the Neighborhood Commercial use. are <br /> not paid by December 31 . 2015 . <br /> 3 . b . An approved use may be exchanged for any other approved use so long--as the <br /> exchange of uses does not generate additional net external P . M . peak hour trips . <br /> 3 . c . The Master Development Plan attached as Exhibit B reflects phase boundaries and <br /> typical parcels : provided, however, the geographic phases of development reflected <br /> on the Master Development Plan may be modified, subject to review and approval <br /> pursuant to Section 915 . 26 (2 ) and Section 914 . 06 (5 ) (f) of the Code of Indian River <br /> County, so that the number of residential units specified for a given phase in <br /> Condition 3 . a . may be developed within the geographic boundaries of any phase . <br /> The developer acknowledges that if it elects not to follow the geographic sequence <br /> of development reflected on the Master Development Plan , the developer ' s election <br /> to develop in a different geographic sequence may cause the acceleration of <br /> transportation obligations specified in Conditions 18 through 27 , if necessitated by <br /> local phasing requirements . <br /> 3 . d. The developer acknowledges that the Project is vested only for traffic concurrency <br /> and will not be vested for other facilities pursuant to this Development Order or the <br /> Amended Developer ' s Agreement. The Project may become vested for all other <br /> facilities at any time by the developer applying for a concurrency certificate under <br /> the County ' s concurrency management system, obtaining approval for-such <br /> certificate based upon availability of capacity. and paving all other imu_act fees . <br /> Buildout Date <br /> 4 . This Project shall have a buildout date of December 31 , 2024 291-2, unless otherwise <br /> amended pursuant to the conditions of this DO and Section 380 . 06 , Florida Statutes , <br /> Termination Date <br /> 5 . This DO shall expire on Decembers�0 4-"2Q24 . <br /> 24 . <br /> Transfer of Approval <br /> 6 . Notice of Transfer of all or a portion of the subject property shall be filed with the <br /> Indian River County Board of County Commissioners . Prior to transfer, the <br /> transferee shall assume in - writing, on a form acceptable to the County Attorney, any <br /> and all applicable commitments , responsibilities , and obligations pursuant to the DO . <br /> The intent of this Provision is to ensure that subsequent property transfers do not <br /> jeopardize the unified control , responsibilities , and obligations required of the project <br /> as a whole . <br /> RM: 7375429 : 1 <br /> 4 <br />
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