HomeMy WebLinkAbout2017-205 SECOND AMENDMENT TO DEVELOPER'S AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA AND SLV MILLSTONE, LLC
FOR MILLSTONE LANDING PLANNED DEVELOPMENT
THIS SECOND AMENDMENT TO DEVELOPER'S AGREEMENT, (Second
Amendment) entered this 5th day of December , 2017, 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 its 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 purchased undeveloped platted lots north of 21st Street SW
and all of the remaining project acreage in Millstone Landing located south of 21st Street SW;
and
WHEREAS, DEVELOPER and COUNTY amended the Original Agreement on October
4, 2016; and
WHEREAS, the Parties desire to further amend the Original Agreement as stated below;
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 5 of the Original Agreement is hereby deleted and replaced with the
following: (words underlined are added):
5. 23r1 Street SW: Prior to the issuance of the Proiect's 450th Certificate of
Occupancy, or before July 1, 2018, whichever occurs first, DEVELOPER shall
have designed, permitted, and constructed 23rd Street SW as a two-lane paved
roadway, in accordance with Indian River County's standards, to Include a five
foot(5')concrete sidewalk on the north right-of-way line from 27th Avenue west to
a point lust west of 30th Avenue SW, a distance of approximately 1,050 linear
feet, The July 1, 2018 completion deadline may be extended if the Indian River
County Public Works Director determines DEVELOPER has proceeded in good
faith to complete the described improvements, and is making satisfactory
progress with construction.
3. Except as modified herein, the Original Agreement, as previously amended, remains
in full force and effect.
IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to
be executed in their names, the day and year first above written.
SLV MILLSTONE, LLQ BOARD OF COUNTY COMMISSIONERS
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INDI IVER NTY, FLORIDA
BY: • ha_ BYr :— ' �' `i, /1"Its e
Authorized Signatory Peter D. O'Bryan, Chairman
BCC Approved: December 5, 2017 ...COMiy�s�
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WITNESS: 0 0 4P Vi•'-.. ; ,r• : a
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(Corporate seal i'acceptable in place of witnesses) •R�OUt......•"•
ATTEST: Jeffrey R. Smith Clerk of the
Circuit Court and Comptroller
Approved as to form and legal sufficiency:
t ' - C42:
Deputy Clerk William K. DeBraal
(11J' Deputy County Attorney
Appr• ed:
Jason E. :rown County Administrator