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RESOLUTION NO. 95-64 <br />a. Conditions 39, 41, 42, and 44 are amended and restated in <br />their entirety as set forth in Exhibit 113" attached <br />hereto and incorporated herein. <br />b. Finding of Fact 5 is amended and restated in its entirety <br />as follows: ' <br />5. The conditional concurrency requirements for <br />drainage, solid waste, water, wastewater, <br />recreation, and transportation have been.met under <br />the Indian River County Concurrency Management <br />System. Subject to county approval of a local <br />agreement for transportation impact fees and <br />credits (which agreement shall not diminish the <br />obligations and responsibilities of the parties <br />herein), and subject to the traffic monitoring <br />conditions in this Development Order (as amended), <br />the road improvements contained in Conditions 39, <br />41, 42, and 44 as amended and presented in Exhibit <br />"3" attached to and incorporated in the second <br />amendment to this Development Order, will satisfy <br />the initial concurrency transportation requirements <br />of the Indian River County Concurrency Management <br />System through buildout of the Development <br />(December 31, 1999) as stated in this development <br />order, and as may be amended. <br />C. The legal description of the real property which is the <br />subject of the Development is hereby amended to correct <br />a scrivener's error and to incorporate the revised legal <br />description for the Development, attached hereto and <br />incorporated herein as Exhibit 114". <br />3. The Development Order is hereby reaffirmed in its entirety <br />except as amended by this Resolution. <br />4. This Resolution amending the Development Order shall become <br />effective upon rendition by the Board of County Commissioners of <br />Indian River County in accordance with Section 380.06, Florida <br />Statutes. <br />5. The Developer shall record a notice of adoption of this <br />modification to the adopted Development Order in accordance with <br />Subsection 380.06(15)(f), Florida Statutes. <br />6. Upon adoption, this Resolution shall be transmitted by the Ex <br />Officio Clerk to the Board of County Commissioners, by certified <br />mail, to the Florida Department of Community Affairs, the Treasure <br />Coast Regional Planning Council, the Developer, and any other <br />recipients specified by statute or rule. <br />PASSED AND ADOPTED in a public hearing held on this the 23 <br />day of May , 1995. <br />The foregoing resolution was offered by Commissioner <br />and the motion was seconded by Commissioner Bird <br />upon being put to a vote, the vote was as follows: <br />Chairman Kenneth R. Macht <br />Vice Chairman, Fran B. Adams <br />Commissioner John B. Tippin <br />Commissioner Richard N. Bird <br />Commissioner Carolyn K. Eggert <br />31 <br />May 23, 1995 <br />Eggert <br />and, <br />Ay_ <br />.Absent <br />Aye <br />Ay <br />yeAy e <br />Aye <br />BOOK 95 PAU 189 <br />