HomeMy WebLinkAbout2007-356 MODIFICATION AND SUBSTANTIAL TERMINATION
OF
DEVELOPER'S AGREEMENT BETWEEN
INDIAN RIVER COUNTY
AND
OSLO 27, LLC
FOR
27TH AVENUE BETWEEN 13TH STREET SW AND 17TH STREET SW ( 12112106)
Indian River County and Oslo 27 , LLC , hereby agree to the modification
and substantial termination of the above-titled Developer's Agreement this 20th
day of November, 2007 as provided below.
1 . The duties , responsibilities and obligations of each party are rescinded
and terminated , with respect to the following paragraphs of the December 12 ,
2006 Developer's Agreement :
1 , 2A, those provisions of 2B related to construction and payment
of 27th Avenue improvements , 2C , those provisions of 2D other
than Developer's obligation to provide right-of-way maps , parcel
sketches and legal descriptions for any necessary right-of-way
acquisitions , 2F , those provisions of 2G other than completing
engineering and design functions by December 12 , 2007 which
deadline is hereby extended to September 12 , 2008 , 2H , 219 2J , 3A
through 3F, 4A, 461 4D , 4E , 4F , 4G , and 4C except that impact fees
will be adjusted to reflect Developer's re-designed project, if and as
ultimately approved , 5 , 6A, 6B , 7A through 7D , 8 , 9A5 9131 9C , 10A,
10B , 10C , 1OF , 19 , 22 , and 24.
2 . The duties , responsibilities and obligations of each party are hereby
ratified and remain in full force and effect with respect to the following
paragraphs of the December 12 , 2006 Developer's Agreement:
Those provisions of 213 , 2D3 2G and 4C expressly excepted from
termination in paragraph 1 above , 2E , 10D , 10E , 10G , 10F , 11 , 125
130 14 , 15 except as modified herein , 16, 17A, 17B , 18 , 20A , 20B ,
21 , 23 , and 25 .
3 . The duties , responsibilities and obligations of each party under the
Proportionate Share Agreement ( Exhibit D to the December 12 , 2006
Developer's Agreement) are rescinded and terminated with respect to the
following paragraphs of that Proportionate Share Agreement:
1
F:tAttorneylNancy\D0CS%PLAN10slo 27 LLC modification and substantial termination.doc
3 as to 27th Avenue from 13th Street SW to 17th Street SW, 53 61
and 7 .
4 . The duties , responsibilities and obligations of each party under the
Proportionate Share Agreement ( Exhibit D to the December 12 , 2006
Developer's Agreement) are hereby ratified and remain in full force and effect
with respect to the following paragraphs of that Proportionate Share Agreement:
3 as to 27th Avenue from Oslo Road to 8th Street , 4 , and 8 through
14 .
IN WITNESS WHEREOF the COUNTY and DEVELOPER have caused
this "MODIFICATION AND SUBSTANTIAL TERMINATION " to be executed in
their names , this 20th day of November, 2007 .
OSLO 27 , LLC BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, O IDA
By:
;seph
L . owden , Chairman
Its Managing Partner 1
Witnes Czzc�r t � �f
Prim . BairdAdministrator
WitnessPrint: p� ; S - 's fo proved : November 20 , 2007
(corporate seal is acceptable in ATTEST: Jeffrey K. Barton ,
place of witnesses) Clerk of Court
Deputy Clerk
- -
Approved
�as. ttoform
�and legal sufficiency:
,
William G. Collins
County Attorney
2
F:1Attorney\Nancy\D0CSIPLAM0sIo 27 LLC modification and substantial termination.doc