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2016-167
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2016-167
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Last modified
3/6/2024 2:37:48 PM
Creation date
10/11/2016 1:40:42 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
10/04/2016
Control Number
2016-167
Agenda Item Number
12.A.2
Entity Name
SLV Millstone LLC
Shelby Homes
Subject
First Amendment Developer's Agreement
Millstone Landing Planned Development
Area
South of 21st St. SW
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FIRST AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN <br /> INDIAN RIVER COUNTY, FLORIDA AND SLV MILLSTONE, LLC <br /> FOR MILLSTONE LANDING PLANNED DEVELOPMENT <br /> THIS FIRST AMENDMENT TO DEVELOPER'S AGREEMENT, (First Amendment) <br /> entered this 4th day of October, 2016, by and between INDIAN RIVER COUNTY, FLORIDA a <br /> political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida, 32960 hereafter <br /> called COUNTY and SLV MILLSTONE, LLC a Delaware Limited Liability Company, the address <br /> of which is 6310 Capital Drive, Suite 130, Bradenton, Florida 34202, hereafter referred to as the <br /> DEVELOPER. <br /> WITNESSETH <br /> WHEREAS, the Indian River Board of County Commissioners during a public hearing, <br /> granted their approval to the Conceptual Planned Development Plan known as "Millstone <br /> Landing" on October 19, 2004, and <br /> WHEREAS, the previous developer, Shelby Homes at Millstone, Inc , (Shelby Homes) <br /> entered into a Developer's Agreement with the COUNTY dated July 12, 2005 (Original <br /> Agreement) that called for on site, off site, and site related improvements; and <br /> WHEREAS, the Original Agreement is binding on any successor developer; and <br /> WHEREAS, DEVELOPER has purchased undeveloped platted lots north of 21st Street <br /> SW and all of the remaining project acreage in Millstone Landing located south of 21 st Street SW; <br /> and <br /> WHEREAS, the Parties desire to amend the Original Agreement to clarify timing of their <br /> respective responsibilities with respect to roadway and drainage improvements to 17th Street SW. <br /> NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, <br /> covenants, and premises hereinafter, and other good and valuable consideration, the receipt and <br /> sufficiency of which is hereby acknowledged, the COUNTY and DEVELOPER agree to amend <br /> the Original Agreement as follows- <br /> 1. Recitals The foregoing recitals are hereby incorporated as if fully restated herein <br /> 2 Paragraph 7 of the Original Agreement is amended as follows <br /> 7 17th Street SW: County acknowledges that Developer is not required to dedicate right- <br /> of-way for 1711 Street SW roadway improvements along the frontage of the project. <br /> t# Q}rooteet Q\A/ is Feq iiped by [Developer from 27thT4�i io to the snheGI sito <br /> east property IiRe iRGIudiRg all turn lane ffimpmvemeRtG FequiFed by the Mi1IGtE)Re LandiRg <br /> Fight turn laRe, a ReFthbeURd left tUFR IaRe, and eastbGURd left tUFR laRe and a sGuthbeWRd <br /> let tum lane shall be nnnstn Urted at the intersontiOR .,f 07th i mny= uiith 17th Street Q\A/ <br /> crtrvc-vmrunuvr G f1TlGT�JCG'RVIT�ZT ��v vvinT-rr �rF SVV <br /> GE)URtY GOMFnitS that it will ebtaiR the ReGessaFy Fight ef way te allow t*' StFeet SW <br /> The County has obtained substantial amounts of right-of-way_on the north side of 17th Street SW <br /> Prior to the issuance of the Project's 270th Certificate of Occupancy, the DEVELOPER shall <br />
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