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I L WHEREAS , the County is willing to assist the Developer in acquiring title to the rights - of- way to be released by the District, at no cost to the County; and WHEREAS the County and the Developer entered into a Developer ' sAgreement on December 13 op 2005 ("Developer ' s Agreement") with respect to right of way acquisition, roadway and drainage improvements intersectLon and +, J uiiu V Llll,l improvements described in the Development Order and required by the Planned Development : and WHEREAS , a dispute arose between the parties as to whether Waterway Village is vested for traffic concurrency and WHEREAS , the parties have worked in good faith to , ecnlvP their dis,,, , tec uLVJ GL11LL have agreed to certain terms and - conditions Ahich require that the Deve_ 1_ n_ n_ P_ _r ' c .Agreement and the Development Order be amended and WHEREAS . the County pursuant to Section 380 . 06 ( 191 _ Flnr; da stat„ +P � a ,n ,,,,+A ,a v Lvu Resolution 2010 - approving an Amended and Restated Development Order for Waterway Village _("Amended and Restated Development Order1 on 2010 NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter stated, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and the Developer agree to enter into this Amended Agreement and to agree as follows : 1 . Recitals : The foregoing recitals are hereby incorporated as if fully restated herein. 2 . Entire Agreement : This Amended Agreement supersedes all previous agreements and representations . whether oral or writtenbetween the Developer and the County and that certain Developer ' s Agreement entered into on December 13 2005 between Indian River County and DiVosta Homes . T . P , and recorded in Official Records Book 1988 , Pages 765 - 777 of the Public Records of Indian River County,- Florida. 3 , Building Permits and Vesting : A . Building permits for Waterway Village shall be_ issued in .,Staged increments and vested for traffic concurrency as follows : (i ) 733 single family dwelling units in PLias �&s I and I1 were previou lv vested for traffic concurrency and shall remain vested for traffic con cunrencv through Decembei 31 2016 , rDeyelnnmP„ t of a recreati_obal/clubhouse on ' 2 . 2 ! acres , the schoQl site and preservation areas may also commence at any time and under the RM : 7375391 : 1 4.2 Page 2 of -1-616