HomeMy WebLinkAbout2006-373 THIRD AMENDMENT to AGREEMENT a Db w - 3 73
between
INDIAN RIVER COUNTY
and
INDIAN RIVER ASSOCIATES II , LLLP
WHEREAS , INDIAN RIVER COUNTY (County) entered into a developer's
agreement with INDIAN RIVER ASSOCIATES ll , LLLP ( Developer) on August 10 , 2004 ,
concerning Falcon Trace Development; and
WHEREAS , the original agreement has been amended on November 8 , 2004 and
on February 8 , 2005 .
WHEREAS , paragraph 7 of the agreement called for the Developer to "plan , design ,
obtain permits for and construct an expansion of existing 20th Avenue SW from 17th Lane
SW to 21st Street SW from a one-half paved street to a two-lane 24 ' wide roadway'; and
WHEREAS , paragraph 10 of the agreement called for the Developer to " plan ,
design and construct 5' wide side walks along 27th Avenue SW, 21st Street SW and 20th
Avenue SW along DEVELOPER' S frontage for each phase of the Development. '; and
WHEREAS , DEVELOPER , as a condition of its project, is required to design ,
construct and pave a section of 17th Lane SW from a point west of their project entrance
to 20th Avenue SW; and
WHEREAS , due to events outside of the control of either Developer or County, the
Developer's Agreement must be amended to reflect the design changes that have occurred
over the past 18 months .
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NOW, THEREFORE , in consideration of the following mutual covenants and
agreements INDIAN RIVER COUNTY, FLORIDA and INDIAN RIVER ASSOCIATES II ,
LLLP agree as follows :
A. The Developer's Agreement dated August 10 , 2004 is amended as follows :
Paragraph 7 of the Agreement shall read as follows :
7 . Construction of 20th Avenue SW from 17th Lane SW to 21st Street SW. 20th
Avenue SW from 17th Lane SW to 21st Street SW is currently a one- half paved street. On
or before December 1 , 2006 , DEVELOPER shall make a lump sum contribution of
$220 , 000 . 00 to the County for the County to plan , design , obtain permits for and construct
an expansion of existing 20th Avenue SW from 17th Lane SW to 21st Street SW from a
one-half paved street to a two-lane 24' wide roadway in accordance with FDOT Green
Book Specifications . Payment of this amount shall satisfy Developer's obligation as to
20th Avenue SW improvements.
7 . 1 Construction of 17th Lane SW. As a condition of its project, DEVELOPER was
required to design , construct and pave a section of 17th Lane SW from a point west of
their project entrance to 20th Avenue SW. Due to concerns with maintenance of traffic
and road closures , the DEVELOPER and COUNTY agree that the COUNTY shall assume
responsibility for design , construction and paving of this section of roadway. In exchange
for assumption of this duty, DEVELOPER shall pay to the COUNTY the sum of
$571 , 744 . 75 . Payment of this amount shall satisfy Developer's obligation as to 17th Lane
SW improvements . DEVELOPER shall make payments in the amounts indicated above
on or before December 1 , 2006 .
B . The Developer's Agreement dated August 10 , 2004 is further amended as follows :
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Paragraph 10 of the Agreement shall read as follows :
10 . Sidewalk Construction . DEVELOPER shall convey an additional 10' of right-of-
way to COUNTY along the entire length of the northern property line of the development
for construction of a public sidewalk. DEVELOPER shall plan , design and construct an 8'
wide concrete sidewalk on the right-of-way conveyed and the sidewalk shall be dedicated
to COUNTY for use by the public . DEVELOPER shall also plan , design and construct 5'
wide side walks along the DEVELOPER' S 27th Avenue SW and 21st Street SW frontage
for each phase of the Development. The county has plans to improve 20th Avenue SW
along the projects border. Developer and County agree that the contractor awarded shall
be responsible for construction of the 5 ' sidewalk along Developer' s frontage at 20th
Avenue SW. Rather than construct this sidewalk, Developer shall contribute the amount of
$ 125 , 000 . 00 . Payment of this amount shall satisfy Developer's obligation as to
construction of the 5 ' sidewalks along the project's 20th Avenue SW border. DEVELOPER
shall make payments in the amounts indicated above on or before December 1 , 2006 .
C . Except as supplemented herein , the terms and conditions of the Agreement shall
remain in full force and effect . To the extent of any conflict between the terms of this
Amendment and the terms of the Agreement, the terms of this Amendment shall control .
IN WITNESS WHEREOF , this Third Amendment to Agreement is executed by the
authorized representatives of the parties as of the day and year first above written .
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IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these
presents to be executed in their names , the day and year first above written .
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER ASSOCIATES II , LLLP INDIAN RIVER COUNTY, FLORIDA
A FLORIDA LIMITED LIABILITY LIMITED
PARTNERSHIP
BY: INDIAN RIVER II CORPORATION ,
A FLORIDA CORPORATION , Arthur R. Neub g r, Chair a
ITS GENERAL PARTNER p
(printed name)
/k LgrN FAf,rr', v t cc
WITNESS : ` ' f ByN l .
Jose A Bird , Cgunty, ,Anii-Mstrator
WITNESS
(Corporate seal is acceptable in place of witnesses) Attest: •
�61Z Jeffrey , /!al,,
Clerk of
Approved as to form d le sufficiency�,4 � A - ,
County Attorney
Indian River County A roved Date
Administration
Budget (�
Co. Arty,
Risk Management
Public Works = felt
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