Laserfiche WebLink
kNf, i ��, <br />and •1i '. i bezTetuvled <br />i N ' County f, e ' Officc <br />18 01 <br />Vero Desch, Florldn 32,960 <br />211 E1253 <br />THIS DOCUMENT HAS B:i E.EN <br />RECORDED IN TH'r_ PL 63_IC RE:;ORDS <br />OF Ii\JDIAN RIVER COL 1'`.wTY FL <br />BK: 2472 PG:81Z Pa9W of 4 <br />01/20/2011 at 09:17 AM, <br />JEFF=REY K BARTOIV• (;I_ -.RK C)'' COURT <br />MODIFICATION TO <br />COVENANT <br />. i ^ MAINTENANCE SECURITY <br />FOR DEVELOPMENT <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 />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 />