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O ffice 01 Con,ellt 2/O;x'/2vi <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: William K. DeBraal, Deputy County Attorney <br />DATE: November 30, 2015 <br />SUBJECT: <br />First Addendum to Amended Developer's Agreement with DiVosta <br />Homes, L.P. for Waterway Village <br />On November 9, 2004, the Board of County Commissioners adopted Resolution 2004-137 <br />approving Waterway Village as a Development of Regional Impact, and approving a <br />Development Order (D.O.) that included project conditions and developer obligations In <br />furtherance of that resolution and Development Order, the County and DiVosta Homes, <br />Limited Partnership, (DiVosta) entered into a Developer's Agreement on December 15. <br />2005, concerning the timing of certain improvements to be made as a result of the DiVosta <br />development. The Developer's Agreement sets forth obligations such as dedication of a site <br />for a fire station, roadway construction, traffic improvements and right-of-way dedication <br />The terms of the Developer's Agreement call for the obligations to be completed by a date <br />certain, number of building permit applications or completion of dwelling units The <br />Developer's Agreement was amended on May 11, 2010 to settle litigation and vest traffic <br />concurrency for the project. To date, all obligations required of the developer have been <br />met, yet there are future obligations required to be met under the Developer's Agreement <br />by certain deadlines. <br />In 2011, the Florida Legislature passed House Bill 7207, which amended F S 380 06(19)(c), <br />and extended the time period for completion of obligations under the DRI Development <br />Order by four years. The Developer's Agreement (amended in 2010) however has not been <br />updated to reflect the time frames and deadlines effectively extended by the 2011 state <br />legislation. Staff has met with DiVosta representatives and the parties agree that the <br />attached First Addendum to Amended Developer's Agreement appropriately memorializes <br />the changes to the original Developer's Agreement and its 2010 Amendment brought about <br />by House Bill 7207 The proposed changes appear in underline and et skeet# rouh format <br />F, . C, (vIEETING - CONSENT A <br />•UNTYTTORNEYj <br />Ac G roved <br />tr;C1:�1 v.. Gi <br />A_,;71n. <br />Lc:ciol <br />401 <br />