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<br /> 1722535
<br /> THIS DOCUMENT HAS BEEN RECORDED
<br /> IN THE PUBLIC RECORDS OF
<br /> INDIAN RIVER COUNTY FL
<br /> This document prepared by BK : 1988 PG : 765 , Pagel of 13
<br /> Bruce Barkett, Esq . 01 /27/2006 at 04 :06 PM ,
<br /> Collins, Brown, Caldwell , Barkett and
<br /> Garavaglia, Chartered JEFFREY K BARTON , CLERK OF
<br /> COURT
<br /> 7Beachland Blvd .
<br /> V ` Beach , Florida 32963
<br /> C', 3
<br /> DEVELOPER' S AGREEMENT BETWEEN
<br /> 3 INDIAN RIVER COUNTY, FLORIDA
<br /> AND
<br /> DIVOSTA HOMES, L.P.
<br /> FOR WATERWAY VILLAGE
<br /> THIS AGREEMENT is made and entered into this 13th day of r) PcpmhPr , 2005 , by and
<br /> V between Indian River County, Florida, a political subdivision of the State of Florida, 1840 25 'h Street,
<br /> Vero Beach, Florida 32960 ("County") , and DiVosta Homes , L . P . , a Delaware Limited Partnership , 4500
<br /> PGA Blvd . , Suite 400 , Palm Beach Gardens, Florida 33418 ("Developer") .
<br /> WITNESSETH
<br /> WHEREAS , the Developer proposes to develop a residential community , located north of 49'h
<br /> Street and east of 58'h Avenue in Indian River County, to be known as Waterway Village , to include up to
<br /> 1 ,596 residential dwelling units, community recreation improvements , and up to 20 ,000 square feet of
<br /> neighborhood commercial uses , together constituting a Development of Regional Impact ("DRI") on real
<br /> property legally described on Exhibit "A" attached hereto and made a part hereof, and
<br /> WHEREAS , the County, pursuant to Chapter 380 Florida Statutes , adopted Resolution 2004- 137
<br /> ("Development Order") approving Waterway Village as a DRI and Planned Development project on
<br /> November 9 , 2004 ; and
<br /> WHEREAS , the County and the Developer share mutual goals and can assist each other with
<br /> respect to right-of-way acquisition, roadway and drainage improvements , intersection improvements , and
<br /> other improvements described in the Development Order and required by the Planned Development ; and
<br /> WHEREAS , the Development Order limits the number of building permits which will be issued
<br /> for Waterway Village before provision is made to accomplish certain intersection improvements and other
<br /> required improvements ; and
<br /> WHEREAS , the Development Order specifies that provision for the accomplishment of the
<br /> intersection improvements and required improvements may be made by, among other methods , a local
<br /> government developer' s agreement ; and
<br /> WHEREAS , Indian River Farms Water Control District ("District") possesses rights -of-way which
<br /> traverse Waterway Village , and which the District is willing to release for the benefit of the Developer ;
<br /> and
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