2025-252 - Laserfiche WebLink

Home Browse Search

H. Conditions Necessary to Protect Health, Safety, and Welfare. The conditions stated herein are deemed necessary to protect health, safety and welfare of the citizens of Indian River County. Section 7. Annual Review. In accordance with the requirements of Section 163.3220, Florida Statutes (hereinafter referred to as the "Act") the County shall review this Agreement every twelve (12) months (each, an "Annual Review"), commencing twelve (12) months after the Effective Date. The County shall begin the review process by giving notice, a minimum of ninety (90) days prior to the anniversary date for the Effective Date, to the Developer of its intention to undertake the Annual Review and the necessity for the Developer to provide the following: A. An identification of any changes in the plan of development as contained in the Preliminary Plan, or in any phasing for the reporting year and for the next year. B. If the Preliminary Plan provides for phasing, a summary comparison of development activity (1) proposed to be constructed and (2) constructed for the year. C. Identification of undeveloped tracts of land that have been sold to a separate entity or Developer along with their last known address and any contact information. D. An assessment of the Developer's compliance with each condition of approval set forth in this Agreement. E. Identification of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each. F. Description of progress on required improvements for each phase. Any information required of Developer during an annual review shall be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with the terms of this Agreement. If the County finds substantial competent evidence that there has been a failure to comply with the terms of the Agreement, the County may revoke or modify the terms of this Agreement in accordance with the procedures set forth in Section 8 below. Section 8. Remedies. If the Developer or the County fails to carry out any of its covenants herein contained, the County and the Developer shall be entitled to all remedies available at law or in equity including, without limitations, the remedy of prohibitive injunction. The Board may revoke or modify this Agreement if the Board determines through its annual review of this Agreement, and based upon substantial competent evidence, that the terms and conditions of this Agreement, including all amendments or extensions thereto, have not been complied with. Prior to any revocation or modification of this Agreement, the Board shall hold two public hearings consistent with the Act. At the public hearings, the Developer will be given an opportunity to rebut the determination that the requirements of this Agreement, or any 5950481.v 1