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2010-037
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Last modified
4/4/2017 1:56:21 PM
Creation date
10/5/2015 8:57:26 AM
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Resolutions
Resolution Number
2010-037
Approved Date
05/11/2010
Agenda Item Number
10.A.1.
Resolution Type
Development of Regional Impact
Entity Name
Divosta Homes L.P.
Subject
Developer's Agreement Amendment
First Addendum to Amended Developer's Agreement
Area
Waterway Village
Supplemental fields
SmeadsoftID
8384
Document Relationships
2015-235
(Cover Page)
Path:
\Official Documents\2010's\2015
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RESOLUTION 2010- 037 <br />of residential unit types, neighborhood commercial uses, an elementary school site and an EMS <br />site. In addition, the plan provides for certain public roads (51st Court, 53rd Street and 43rd <br />Avenue) traversing the site. <br />TRANSPORTATION <br />Rights -of -Way <br />13. No building permits for Waterway village DRI shall be issued until the ultimate rights-of-way <br />within the project along 53rd Street, 58'h Avenue, 49th Street, and 43rd Avenue and all <br />intersections thereof, have been dedicated free and clear of all liens and encumbrances to Indian <br />River County as necessary and consistent with the Indian River County Comprehensive Plan. <br />14. The north/south street identified as 51st Court shall be dedicated to the County and remain open <br />as a public street. <br />External Roadway Improvements <br />15. As a minimum, the developer shall pay a fair share contribution consistent with the road impact <br />fee ordinance of Indian River County in effect at the time of issuance of building permits. Chapter <br />380, Florida Statutes, also requires that any DRI DO exaction or fee required shall be credited <br />toward an impact fee or exaction imposed by local ordinances for the same need. The applicant, <br />through the PD process, has agreed to dedicate all rights-of-way without compensation, <br />including traffic impact fee credit. These dedications are specified in the PD analysis. Any <br />exaction receiving credit for impact fees must be in accordance with agreements between the <br />developer and Indian River County. Certain areas of the site are subject to Murphy Act <br />Easements. The County shall release its interest in those easements in conjunction with the <br />previously described dedication of the necessary road rights-of-way. <br />16. No C.O's (certificates of occupancy) for Waterway Village DRI shall be issued until the <br />following roadways have been built in compliance with Indian River County design standards <br />and regulations: <br />53rd Street from 58th Avenue to the western most project entrance with a westbound left turn <br />lane on 53rd Street at 58th Avenue. <br />58th Avenue temporary construction entrance, located between 49th Street and 53rd Street., <br />and provide northbound right turn lanes, southbound left turn lanes, and flasher convertible <br />signal. <br />17. Prior to the issuance of a Land Development Permit for Phase 1, the developer shall obtain <br />County and Indian River Farms Water Control District release of their interests in the H-1 canal <br />and adjacent 53rd Street existing right -of way. <br />18. Prior to the issuance of a certificate of completion for Phase 5 or Phase 7, the southern leg of the <br />43rd Avenue extension, from the northern project entrance on 43rd Avenue to 49th Street, shall be <br />completed as identified on the master development plan. <br />F:\Connnunity Development\Users\CurDev\RESOLUTLON12010 Resolutions\Waterway Village.DOC <br />5 <br />
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