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2010-038
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2010-038
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Last modified
4/4/2017 1:59:10 PM
Creation date
10/5/2015 8:59:31 AM
Metadata
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Template:
Resolutions
Resolution Number
2010-038
Approved Date
05/11/2010
Agenda Item Number
10.A.1.2.
Resolution Type
Lawsuit Settlement Approval
Entity Name
Waterway Village
DiVosta Homes
Subject
Settlement Documents
Bert J. Harris, Jr. Private Property Rights Protection Act
Note: There is no Page 16, Exhibit R - See Resolution 2010-038
Supplemental fields
SmeadsoftID
8435
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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 />WHEREAS the Count nd the Develo.-r entered int. a Develo.er's A• eement <br />on December 13, 2005 "Developer's A •reement" with res. ect to ri • ht-of-wa <br />ac.uisition roadwa and drainage im.rovements intersection im.rovements and other <br />im.rovements described in the <br />Devel <br />ment Order and <br />re <br />uired b <br />the <br />Planned <br />Development; and <br />WHEREAS a dis.ute arose between the .arties as to wheth-r Waterwa Villa•e <br />is vested for traffic concurrency; and <br />WHEREAS the .arties have work -d in good faith to resolve their dis.utes and <br />have a•reed to certain terms and conditions which re.uire that the Developer's <br />A reement and the Develo. meat Order be amended. and <br />WHEREAS the County pursuant to Section 380.06 19) Florida Statutes adopted <br />Resolution 2110- a..rovin ' an Amended . ld Re tated Devel , .ment Order for <br />Waterwa Villa • e "Amended <br />and <br />Restated <br />Develo.ment <br />Order' <br />011 <br />2010. <br />NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, <br />covenants and premises hereinafter stated, and other good and valuable consideration, the <br />receipt and sufficiency of which is hereby acknowledged, the County and the Developer <br />a • ree to enter into this Amended A re - ment and to agree as follows: <br />i. Recitals: The foregoing recitals are hereby incorporated as if fully <br />restated herein. <br />2. Entire Agreement: This Amended Agreeesepreviou <br />nt supedes all <br />mrs <br />aeements and re•resent .tlons whether oral or written between the Develo.er and he <br />that <br />ount <br />an <br />certain <br />D <br />vel <br />e <br />'s <br />A <br />erne <br />t entered into on December <br />13 <br />200 <br />b <br />twe <br />n Indi.n River <br />un <br />an. DiV <br />to H <br />mes L.P and rec.rde <br />in Offici 1 Records <br />Book 1988 Pages 765-777 of the Public Record of Indian Riv-r Coun Florida. <br />3. Building Permits and Vesting: <br />A. B . ildin �_. emit for Waterwa Villae shall be sued in sta • ed <br />increments and vested for traffic concurrency as follows: <br />RM: 7375391: 1 <br />1-9 <br />(il 733 sinele family dwelling units in Phases I and T1 wPte previously <br />vested for traffic concurrency and shall remain vested for traffic <br />concurrency through December 31. 2016. Development of a <br />recreational/clubhouse on 2.2 acres, the school site, and <br />re ervation areas m. also com nence a an time and under the <br />Page 2 of 1616 <br />
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