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2015-235
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2015-235
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Last modified
3/31/2017 9:22:14 AM
Creation date
12/9/2015 10:42:08 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/08/2015
Control Number
2015-235
Agenda Item Number
8.D.
Entity Name
Divosta Homes L.P.
Subject
First Addendum to Amended Developers' Agreement
4 year extension
Area
Waterway Village
Document Relationships
2010-037
(Agenda)
Path:
\Resolutions\2010's\2010
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(vii) Commencing in 2017 2021, 113 additional single family dwelling <br />units may pull building permits and shall remain vested for traffic <br />concurrency through December 31, 2024 2028. <br />3. Section 3.B. of the Agreement is hereby amended and restated as follows: <br />3.B. The two dates specified in paragraphs 3.A.(ii) — (vii) are the dates <br />between which building permits for the development specified in <br />each provision must be pulled in order to maintain the vesting of <br />the applicable dwelling units or nonresidential development. The <br />vesting provided for in paragraphs 3.A.(i) — (vii) shall lapse for <br />dwelling units or nonresidential development for which a building <br />permit has not been pulled before the expiration of the applicable <br />vested period, unless Developer pays impact fees and has been <br />issued a concurrency certificate for such units. <br />4. Section 7.B. of the Agreement is hereby amended and restated as follows: <br />7.B. The Developer agrees to prepay all traffic impact fees (subject to available <br />impact fee credits) for 1,596 dwelling units in Waterway Village no later <br />than December 31, 2015 2019, unless those impact fees are paid earlier at <br />the time of the issuance of building permits. The Developer shall have the <br />option to prepay the traffic impact fees for the 20,000 square feet of <br />Neighborhood Commercial uses by December 31, 2015 2019, or at such <br />time as the Developer elects; provided however, the 20,000 square feet of <br />Neighborhood Commercial uses will not be vested for traffic concurrency <br />if the traffic impact fees for the Neighborhood Commercial uses are not <br />paid by December 31, 2045 2019. The Developer acknowledges that any <br />impact fees paid to the County are non-refundable under the County's Code <br />or Ordinances. <br />5. Except as amended or restated by this Addendum, the Agreement remains in full <br />force and effect. <br />6. Upon approval and execution by Developer and County, this Addendum shall be <br />attached as an exhibit to the Amended and Restated Development Order, in accordance with the <br />terms of the Amended and Restated Development Order. <br />3 <br />
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