Laserfiche WebLink
This document was prepared ?*, <br />ih I1 should .h is r : to <br />the '' '1 u 9 Attorney's Office <br />1801 27h Street <br />Vero Beach,Florldn 32960 <br />I- d <br />8,Km10 <br />°j MODIFICATION TO <br />COVENANT DEFERRING MAINTENANCE <br />FOR DEVELOPMENT <br />2115253 <br />THIS DOCUMENT HAS E3 EEN <br />RECORDED IN 7HE Plil:3_IC REt:10RDS <br />OF INDIAN RIVER COUNTY FL <br />BK: 2472 PG:812, Pagel of 4 <br />01/20/2011 at 09:17 AM, <br />JEFFREY K BARTON, C:I_iRK OI COURT <br />SECURITY <br />WHEREAS, Pointe West of Vero Beach, Ltd., a Florida limited partnership, <br />and The Links at Pointe West, L.L.C., a Florida limited liability company, the <br />owners of property known as Pointe West East Village Phase 1 P.D., as <br />recorded in Plat Book 22, Page 59, Public Records of Indian River County, <br />Florida, imposed a Covenant to Defer Maintenance Security for <br />Development affecting certain property within the subdivision which was <br />recorded in Official Record Book 2326, Page 256 of the Public Records of <br />Indian River County, Florida; and <br />WHEREAS, on June 22, 2010 the owners requested the Board of County <br />Commissioners release certain property defined as Phase 1A within the <br />deferral area, and the Board of County Commissioners approved such <br />release contingent on the owners posting the appropriate security to <br />warranty the road and drainage improvements serving that specific <br />property against defects in materials and workmanship for a 1 -year period. <br />The owners subsequently posted the required security and a Release of <br />Certain Property From Covenant Deferring Maintenance Security for <br />Development was recorded in Book 2465, Page'2191 of the Public Records <br />of Indian River County, Florida. The release, recorded in Book 2465, Page <br />2191, recites that the remainder of the property continues to be under the <br />Covenant to Defer Maintenance Security for Development, recorded in <br />Book 2326, Page 256 of the Public Records of Indian River County, Florida; <br />r and <br />WHEREAS, the owners have subsequently requested that Phase 1A be <br />redefined to ADD Lots 7, 8, 165 and 166 including the roadway abutting <br />said lots, and to RELEASE Lots 128, 129, 140 and 141 including the <br />roadway abutting said lots; and <br />WHEREAS, the covenant cannot be terminated or modified without <br />recorded written approval in the Public Records of Indian River County, <br />Florida from the Board of County Commissioners of Indian River County; <br />NOW, THEREFORE, by this. instrument: <br />1. The owners hereby covenant and agree not to sell any lots/units or <br />obtain any building permits for construction within the newly defined <br />"Deferral Area" as shown on the attached Exhibit "A" (which adds Lots <br />128, 129, 140 and 141 and roadway abutting said lots) until a warranty and <br />guaranty agreement for maintenance of roads and drainage improvements <br />is executed and maintenance security is posted with Indian River County. <br />1 <br />