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2025-252
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2025-252
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Last modified
11/20/2025 1:08:51 PM
Creation date
11/13/2025 2:07:12 PM
Metadata
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Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
11/04/2025
Control Number
2025-252
Agenda Item Number
11.A.1.
Entity Name
Pulte Home Company, LLC
Subject
Development Agreement for Emerson Oaks Subdivision
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L. Other Conditions of Preliminary Plan Approval. <br />Unless otherwise provided in this Agreement, Developer shall comply with all <br />conditions of approval set forth in the resolution granting the LDP for each phase, which conditions <br />are incorporated herein by reference. <br />Section 4. Indian River County Development Approvals. <br />All development permits approved or requiring approval by the County for <br />development of the Property shall be issued by the County in accordance with County regulations, <br />including but not limited to, the Comprehensive Plan, the LDRs, and the County Code of <br />Ordinances. The parties agree that this Agreement and the Preliminary Plan as approved by the <br />County will control and establish the density, intensity, bulk, height, setbacks, and the land uses <br />and structures allowed to be developed on the Property under this Agreement. For all elements of <br />the Project that are not specified herein or for all future adjustments or modifications, the parties <br />agree that such County regulations that are in existence and effect on the date of the execution of <br />this Agreement shall control and establish same. The Developer acknowledges that, <br />notwithstanding this Agreement, the Developer shall be required to apply to the County for any <br />additional development approvals other than those specified herein, including changing the zoning <br />designation, site plan review or subdivision plat approval, and shall be required to conform to all <br />other ordinances in effect at the time of said application that govern, including but without <br />limitation, environmental protection, trees, signage, traffic, utilities, concurrency, stormwater, and <br />drainage. Developer will pay all required fees and costs imposed by the County including impact <br />fees as set by local code in existence at the time of development approval. All applications for <br />building permits shall comply with the building code in effect at the time of application. <br />Notwithstanding anything to the contrary contained herein, the Preliminary Plan, as the same may <br />be amended pursuant to the terms hereof, and the Certificate of Capacity shall not expire so long <br />as a building permit is issued for the Project within the term of this Agreement or as provided by <br />the Indian River County Code of Ordinances. <br />Section 5. Other Development Approvals. <br />The Developer acknowledges and agrees that it may need permits and <br />authorizations from other state and federal agencies which are outside the scope of this Agreement. <br />In the event that any state or federal law is enacted after the execution of this Agreement that is <br />applicable to and precludes the parties from complying with the terms of this Agreement, then this <br />Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal <br />law. <br />Section 6. Consistency With Comprehensive Plan and Land Development Code. <br />A. Reservation of Dedication of Land for Public Purposes. <br />The parties acknowledge that the Developer is making the certain dedications of <br />land and improvements for public purposes as described herein and in the Preliminary Plan. The <br />parties agree that consideration for the above dedications has been given by the County in the form <br />of waivers or incentives requested by the Developer for approval of their PD project. <br />5950481.0 <br />
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