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Office Of Consent 10/13/2020 <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Susan J. Prado, Assistant County Attorney <br />MEMORANDUM <br />TO: Board of County Commissioners <br />THROUGH: Richard B. Szpyrka, P.E., Public Works Director <br />FROM: William K. DeBraal, Deputy County Attorney <br />DATE: October 7, 2020 <br />SUBJECT: Developer's Agreement with GRBK GHO High Pointe, LLC <br />On March 29, 2005, the Board of County Commissioners granted PD rezoning, <br />preliminary PD approval and conceptual PD plan approval for High Pointe subdivision <br />located on 65th Street west of the FEC railroad and east of 58th Avenue. The 2005 PD <br />plan provided for 247 lots on 160 acres. The project was never started and the preliminary <br />PD approval expired. In January 2019, the new owner, GRBK GHO High Pointe, LLC <br />(GHO High Pointe), applied to the Planning and Zoning Commission to modify the project <br />as the preliminary PD approval expired, but the conceptual PD and the PD rezoning were <br />still active. <br />On January 24, 2019, the Planning and Zoning Commission approved GHO High Pointe's <br />request for modification of the PD plan. Under the modified PD Plan, the number of lots <br />remained the same at 247, but changed the phasing, setbacks near the FEC railroad and <br />increased the amount of conservation areas. Under the new PD Plan, GHO High Pointe <br />was also required to enter into a Developer's Agreement (Agreement) with the County to <br />contribute the project's fair share of the intersection improvements to 58th Avenue/65th <br />Street and 58th Avenue/49th Street. The Agreement calls for GHO High Pointe to <br />contribute 1.9% or $49,480.58 towards the 58th Avenue/49th Street intersection and <br />19.6% or $158,262.82 towards the 58th Avenue/65th Street intersection. The Agreement <br />must be approved by the Board prior to the issuance of a Land Development Permit for <br />Phase I of the project. Staff has reviewed and approved the Developer's Agreement <br />attached to this memorandum. A map of the High Pointe project is found below as Figure <br />1. <br />37 <br />