HomeMy WebLinkAbout2016-167 FIRST AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA AND SLV MILLSTONE, LLC
FOR MILLSTONE LANDING PLANNED DEVELOPMENT
THIS FIRST AMENDMENT TO DEVELOPER'S AGREEMENT, (First Amendment)
entered this 4th day of October, 2016, by and between INDIAN RIVER COUNTY, FLORIDA a
political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida, 32960 hereafter
called COUNTY and SLV MILLSTONE, LLC a Delaware Limited Liability Company, the address
of which is 6310 Capital Drive, Suite 130, Bradenton, Florida 34202, hereafter referred to as the
DEVELOPER.
WITNESSETH
WHEREAS, the Indian River Board of County Commissioners during a public hearing,
granted their approval to the Conceptual Planned Development Plan known as "Millstone
Landing" on October 19, 2004, and
WHEREAS, the previous developer, Shelby Homes at Millstone, Inc , (Shelby Homes)
entered into a Developer's Agreement with the COUNTY dated July 12, 2005 (Original
Agreement) that called for on site, off site, and site related improvements; and
WHEREAS, the Original Agreement is binding on any successor developer; and
WHEREAS, DEVELOPER has purchased undeveloped platted lots north of 21st Street
SW and all of the remaining project acreage in Millstone Landing located south of 21 st Street SW;
and
WHEREAS, the Parties desire to amend the Original Agreement to clarify timing of their
respective responsibilities with respect to roadway and drainage improvements to 17th Street SW.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants, and premises hereinafter, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the COUNTY and DEVELOPER agree to amend
the Original Agreement as follows-
1. Recitals The foregoing recitals are hereby incorporated as if fully restated herein
2 Paragraph 7 of the Original Agreement is amended as follows
7 17th Street SW: County acknowledges that Developer is not required to dedicate right-
of-way for 1711 Street SW roadway improvements along the frontage of the project.
t# Q}rooteet Q\A/ is Feq iiped by [Developer from 27thT4�i io to the snheGI sito
east property IiRe iRGIudiRg all turn lane ffimpmvemeRtG FequiFed by the Mi1IGtE)Re LandiRg
Fight turn laRe, a ReFthbeURd left tUFR IaRe, and eastbGURd left tUFR laRe and a sGuthbeWRd
let tum lane shall be nnnstn Urted at the intersontiOR .,f 07th i mny= uiith 17th Street Q\A/
crtrvc-vmrunuvr G f1TlGT�JCG'RVIT�ZT ��v vvinT-rr �rF SVV
GE)URtY GOMFnitS that it will ebtaiR the ReGessaFy Fight ef way te allow t*' StFeet SW
The County has obtained substantial amounts of right-of-way_on the north side of 17th Street SW
Prior to the issuance of the Project's 270th Certificate of Occupancy, the DEVELOPER shall
design, and obtain the associated permits, (including COUNTY Right-of-Way permit) for the
improvements to 17th Street SW as a two lane roadway from the east property line of the school
site to 27th Avenue including the following turn lane improvements at the intersection of 17th
Street SW and 27th Avenue
• Southbound right turn lane
• Southbound left turn lane
• Northbound left turn lane
• Eastbound left turn lane
The DEVELOPER shall be responsible for the design, permitting of a modified span wire traffic
signal system and associated improvements at the intersection of 17th Street SW and 27th
Avenue to accommodate the required lanes and turning movements. Prior to the issuance of the
Project's 368'h Certificate of Occupancy or December 31, 2017, whichever occurs first, the
DEVELOPER shall complete the roadway and intersection construction in a manner approved by
the Public Works Director for acceptance by the COUNTY
In the event the County has not obtained sufficient right-of-way for the DEVELOPER to
complete the 17th Street SW Improvements, then DEVELOPER shall pay to the COUNTY the
cost to complete the 17th Street SW Improvements and the DEVELOPER shall have no further
obligations with respect to such improvements.
If a certificate of occupancy milestone or timing obligation is missed by the DEVELOPER,
the COUNTY shall cease issuing certificates of occupancy and building permits to DEVELOPER
until such time the milestone or timing obligation is met, unless the Public Works Director
determines the DEVELOPER is making satisfactory progress with construction
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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.
O .
SLV MILLSTONE, LLC BOARD OF COUNTY COMMIS.-* RS� Q:
INDIAN RIVER COUNTY, FLOE.
BY: BY:
Its 91441(1" . Bob Solari, Chairman
••:gNRIVER .
WITNESS: BCC Approved: actober 4. 2016
(AAAA A-A.04,
WITNESS:
(Corporate seal 9 acceptable in place of witnesses)
ATTEST: Jeffrey R. Smith Clerk of the
Circuit Court and Comptroller
BY.
Deputy Clerk
Approved:
Jason .7n, County Administrator
Approved as to form and I al su . iency:
e4x�-
William K. DeBraal
Deputy County Attorney
I