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V ' <br /> EXHIBIT B TO SETTLEMENT AGREEMENT <br /> AMENDED DEVELOPER ' S AGREEMENT BETWEEN <br /> INDIAN RIVER COUNTY, FLORIDA <br /> AND <br /> DIVOSTA HOMES , L .P . <br /> FOR WATERWAY VILLAGE <br /> THIS AMENDED AGREEMENT is made and . entered into this day of <br /> 2-9--,2010 by and between Indian River County, Florida, a political <br /> subdivision of the State of Florida, 1840 25 ' Street, Vero Beach, Florida 32960 <br /> ( " County") , and DiVosta Homes , L. P . , a Delaware Limited Partnership, 4500 PGA Blvd . , <br /> Suite 400 , Palm Beach Gardens , Florida 33418 ( "Developer") . <br /> WITNESSETH <br /> WHEREAS , the Developer proposes to develop a residential community, located <br /> north of 49'J' Street and east of 58th Avenue in Indian River County, to be known as <br /> Waterway Village, to include up to 1 , 596 residential dwelling units , community <br /> recreation improvements, and up to 20 , 000 square feet of neighborhood commercial uses , <br /> together constituting a Development of Regional Impact ("DRI") on real property legally <br /> described on Exhibit "A" attached hereto and made a part hereof, and <br /> WHEREAS , the County, pursuant to Chapter30 Florida Statutes , adopted <br /> Resolution 2004- 137 ("Development Order") approving Waterway Village as a DRI and <br /> Planned Development project on November 9, 2004 ; and <br /> WHEREAS . the County and the Developer share mutual goals and �--�ddetermined <br /> that they could assist each other with respect to right-of-way acquisition, roadway and <br /> drainage improvements , intersection improvements . and other improvements .- lxi- ethei- <br /> described in the Development Order and required by the Planned <br /> n „ WHEREAS . t�3EF- l6jl3�t--rl •]'_' <br /> Development�-� c � rt5-trl:� :t e -ia ; ldrrl <br /> r 1, r ill 1, ssi-t d �'„• Wn + , a , ria of 1 � ¢ <br /> �7�.aC'I'}�i"�3Y"tl. S7—'FFZ7T�0 L=iTJ'CLL�-'I' f771"�'�d-C�T�`�F�ITT—P'T7]i L�`�L�1"�'1' i37: 1' 1 lin—�',_r--t�'•}�'1� '�LC/ <br /> s <br /> "ie- eigg lish eei4iain iiqt�SeGti8i!rr„ and <br /> WHEREAS , the Development Order ;opce�-�Jlimited the number of buildin <br /> permits which would be issued for Waterway Village before provision was made to <br /> accomplish certain intersection improvements and other required improvements ; and <br /> WHEREAS , the Development Order specified that provision for the <br /> accomplishment of the intersection improvements and required improvements <br /> be made by, among other methods , a local government developer ' s agreement; and <br /> WHEREAS , Indian River Farris Water Control District ("District") possesses <br /> rights - of-way which traverse Waterway Village, and which the District is willing to <br /> release for the benefit of the Develop ; and <br /> RM : 7375391 : 1 <br /> Page 1 of -1-6 16 <br />