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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 day of , <br />2018, by and between Indian River County, Florida, a political subdivision of the State of Florida, <br />1801 27th Street, Vero Beach, FL 32960, ("County"), and DiVosta Homes, L.P., a Delaware <br />Limited Partnership, 4400 PGA Blvd., Suite 400, Palm Beach Gardens, FL 33418 ("Developer"). <br />WITNESSETH <br />WHEREAS, Developer is in the process of developing a Development of Regional Impact <br />("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 May <br />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 by <br />four (4) years; and <br />WHEREAS, County and Developer have determined that they are able to assist each other <br />with respect to certain roadway improvements and intersection improvements described in the <br />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. The foregoing recitals are incorporated as if fully restated herein. <br />246 <br />