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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 21st 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 17th Street SW roadway improvements along the frontage of the project.. <br />li �TCYtaI7L:e-tGrtYltaZ.c701�1V'ol�T G <br />east property includ . ing a!! turn lame in4pFevernents required by the Millstone Landii:ig <br />Fight tum laRe, a northbeuRd left -tum lane, and eastbound left tuFn lane and a. seuthbo <br />left tum lane Shall be GOnStFUGted at the inter-se6tiGn 1 tiv YVtltt- 7-t4 9tFe_.otr�C= -SW <br />TC}Y�A� <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 />