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2013-185
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Last modified
12/8/2015 1:40:20 PM
Creation date
10/1/2015 5:35:05 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Memorandum of Understanding
Approved Date
09/17/2013
Control Number
2013-185
Agenda Item Number
8.R.
Entity Name
Waterway Village Homeowners Assoc.
DiVosta Homes
Subject
Memorandum of Understanding
Landscaping Right of Way
Area
53rd Street
Supplemental fields
SmeadsoftID
12284
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! 714SIJ <br /> MEMORANDUM OF UNDERSTANDING <br /> BETWEEN <br /> THE WATERWAY VILLAGE HOMEOWNERS ASSOCIATION, INC. <br /> AND <br /> INDIAN RIVER COUNTY, FLORIDA <br /> This Memorandum of Understanding (hereinafter "MOU") is made and entered into by <br /> and between The Waterway Village Homeowners Association, Inc . , a Florida not-for-profit <br /> corporation, and Indian River County, Florida, a political subdivision of the State of Florida. <br /> Recitals <br /> WHEREAS, DiVosta Homes, L .P . ("Developer") is in the process of developing a <br /> residential subdivision and Development of Regional Impact known as Waterway Village in <br /> Indian River County ; and <br /> WHEREAS, the Developer, pursuant to a Developer' s Agreement, installed enhanced <br /> landscaping along Waterway Village ' s 53 `d Street frontage, including landscaping within the <br /> County' s right-of-way ; and <br /> WHEREAS, the main entrance to Waterway Village is from 53rd Street; and <br /> WHEREAS, the Waterway Village Homeowners Association, Inc. ("Association") <br /> desires to maintain the enhanced landscaping within the right-of-way along Waterway' s 53 `d <br /> Street frontage, for aesthetic purposes ; and <br /> WHEREAS, the County agrees to permit the Association to maintain the enhanced <br /> landscaping within the right-of-way along Waterway' s 53rd Street frontage; <br /> NOW, THEREFORE, in consideration of the mutual covenants contained herein and <br /> other good and valuable consideration, the Association and County hereby agree as follows : <br /> 1 . The foregoing recitals are true and incorporated as if fully restated herein. <br /> 2 . Association agrees to maintain all landscaping materials, fertilization, and <br /> irrigation furnished and installed by DiVosta Homes, L .P . along Waterway <br /> Village' s 53rd Street frontage, including such landscaping in the County' s right- <br /> of-way, at the Association' s own cost and expense . <br /> 3 . County agrees to permit the Association to perform the work described herein on <br /> an as-needed basis as determined by the Association, and County waives any <br />
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