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SECOND AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN
<br /> INDIAN RIVER COUNTY, FLORIDA AND SLV MILLSTONE, LLC
<br /> FOR MILLSTONE LANDING PLANNED DEVELOPMENT
<br /> THIS SECOND AMENDMENT TO DEVELOPER'S AGREEMENT, (Second
<br /> Amendment) entered this 5th day of December , 2017, by and between INDIAN RIVER
<br /> COUNTY, FLORIDA a political subdivision of the State of Florida, 1801 27th Street, Vero
<br /> Beach, Florida, 32960 hereafter called COUNTY and SLV MILLSTONE, LLC, a Delaware
<br /> Limited Liability Company, the address of which is 6310 Capital Drive, Suite 130, Bradenton,
<br /> Florida 34202, hereafter referred to as the DEVELOPER.
<br /> WITNESSETH
<br /> WHEREAS, the Indian River Board of County Commissioners, during a public hearing,
<br /> granted its 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 purchased undeveloped platted lots north of 21st Street SW
<br /> and all of the remaining project acreage in Millstone Landing located south of 21st Street SW;
<br /> and
<br /> WHEREAS, DEVELOPER and COUNTY amended the Original Agreement on October
<br /> 4, 2016; and
<br /> WHEREAS, the Parties desire to further amend the Original Agreement as stated below;
<br /> NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
<br /> covenants, and premises hereinafter, and other good and valuable consideration, the receipt
<br /> and sufficiency of which is hereby acknowledged, the COUNTY and DEVELOPER agree to
<br /> amend the Original Agreement as follows:
<br /> 1. Recitals: The foregoing recitals are hereby incorporated as if fully restated herein.
<br /> 2. Paragraph 5 of the Original Agreement is hereby deleted and replaced with the
<br /> following: (words underlined are added):
<br /> 5. 23r1 Street SW: Prior to the issuance of the Proiect's 450th Certificate of
<br /> Occupancy, or before July 1, 2018, whichever occurs first, DEVELOPER shall
<br /> have designed, permitted, and constructed 23rd Street SW as a two-lane paved
<br /> roadway, in accordance with Indian River County's standards, to Include a five
<br /> foot(5')concrete sidewalk on the north right-of-way line from 27th Avenue west to
<br /> a point lust west of 30th Avenue SW, a distance of approximately 1,050 linear
<br /> feet, The July 1, 2018 completion deadline may be extended if the Indian River
<br /> County Public Works Director determines DEVELOPER has proceeded in good
<br /> faith to complete the described improvements, and is making satisfactory
<br /> progress with construction.
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