|
Clean 9.13.18
<br />SECOND ADDENDUM TO AMENDED
<br />DEVELOPER'S AGREEMENT
<br />BETWEEN
<br />INDIAN RIVER COUNTY, FLORIDA AND
<br />DIVOSTA HOMES, L.P.
<br />FOR WATERWAY VILLAGE
<br />THIS SECOND ADDENDUM is made and entered into this 2nd, day of C),�tolaj,,
<br />2018, by and between Indian River County, Florida, a political subdivision of the State of
<br />Florida, 1801 27th Street, Vero Beach, FL 32960, ("County"), and DiVosta Homes, L.P., a
<br />Delaware Limited Partnership, 4400 PGA Blvd., Suite 400, Palm Beach Gardens, FL 33418
<br />("Developer").
<br />WITNESSETH
<br />WHEREAS, Developer is in the process of developing a Development of Regional
<br />Impact ("DRI") known as Waterway Village in Indian River County, Florida; and
<br />WHEREAS, the County, pursuant to Chapter 380, Florida Statutes, approved Waterway
<br />Village as a DRI by adopting Resolution 2004-137 ("Development. Order"), as, amended by
<br />Resolutions 2010-037; 2012-029; and 2013-073.
<br />WHEREAS, County and Developer entered into that "Amended Developer's Agreement
<br />between Indian River County, Florida and DiVosta Homes, L.P. for Waterway Village" dated
<br />May 11, 2010 ("Developer's Agreement") and amended by that First Addendum thereto ("First
<br />Addendum") dated December 8, 2015; and
<br />WHEREAS, as a result of that First Addendum and further as a result of action by the
<br />Florida Legislature, specifically House Bill 7207, amending Section 380.06(19) (c), Florida
<br />Statutes, certain obligations of the Developer under the Developer's Agreement were extended
<br />by four (4) years; and
<br />WHEREAS, County and Developer have determined that they are able to assist each
<br />other with respect to certain roadway improvements and intersection improvements described in
<br />the Development Order and in the Developer's Agreement; and
<br />WHEREAS, as a result of such mutual accommodation, County and Developer agree that
<br />amendments to the Development Order and to the Developer's Agreement are required.
<br />NOW, THEREFORE, for in consideration of the mutual terms, conditions, promises
<br />covenants and premises hereinafter stated, and other good and valuable consideration, the receipt
<br />and sufficiency of which is hereby acknowledged by both parties, the County and the Developer
<br />hereby agree as follows:
<br />1
<br />
|