Laserfiche WebLink
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 11 th day of <br />May , 2010, by and between Indian River County, Florida, a political <br />subdivision of the State of Florida, 1840 25th 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 49th 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 Chapter 380, 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 determined <br />that they could assist each other with respect to right-of-way acquisition, roadway and <br />drainage improvements, intersection improvements, and other improvements described in <br />the Development Order and required by the Planned Development; and <br />WHEREAS, the Development Order limited the number of building permits <br />which would be issued for Waterway Village before provision was made to accomplish <br />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 could be <br />made by, among other methods, a local government developer's agreement; and <br />WHEREAS, Indian River Farms 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 />WHEREAS, the County is willing to assist the Developer in acquiring title to the <br />rights-of-way to be released by the District, at no cost to the County; and <br />RM:7031940:9 <br />Page 1 of 14 <br />