HomeMy WebLinkAbout2018-254SECOND ADDENDUM TO AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA AND
REDEVGROUP, INC.
THIS SECOND ADDENDUM is made and entered into this 13thday of Novembeg
2018, by and between Indian River County, Florida, a political subdivision of the State of
Florida, 1801 27th Street, Vero Beach, FL 32960, ("County"), and REDEVGROUP, INC., a
Florida Profit Corporation, 1826 US Highway 1, Vero Beach, FL 32960 ("Developer").
WITNESSETH
WHEREAS, County and Developer entered into an Agreement dated June 12, 2018,
("Agreement"), which Agreement was amended by that First Addendum thereto dated
September 11, 2018("First Addendum"), and
WHEREAS, County and Developer desire to further amend the Agreement as described
herein;
NOW, THEREFORE, for in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby acknowledged, County and Developer
hereby agree as follows:
1. The foregoing recitals are incorporated as if fully restated herein.
2. Section 3 of the Agreement is hereby deleted and replaced with the following
Section 3:
Section 3: Provided Developer has delivered to County Fee Simple title to one
of the properties described above, and has recorded the Declaration of
Covenants described in Section 4 below, upon request by Developer (or a
related entity owned and controlled by the same principal owners of
Developer), County shall release Lot 5 from the Development Order and from
the Conservation Easement by execution of a document ("Release"), which
shall be recorded in the public records of Indian River County; Florida. In
recognition of and consideration for the time, effort, and expense of
Developer to satisfy the requirements of Section 2 above, thereby resulting in
the public benefits to be derived therefrom, County shall not, for a period of
20 years, release Lot 5 from the Development Order or from the Conservation
Easement except upon request of Developer or a related entity, as described
above.
3. Section 4 of the Agreement is hereby amended to read as follows:
Section 4: Simultaneously with the recording of the Release described in
Section 3 above, Developer shall record a Declaration of Restrictive
Covenants which will restrict the development of Lot 5 with the following
standards:
a. The combined pervious and stormwater areas are not to be less
than 44% of the total property area. No building or pavement shall
be constructed within the southern most 75' of property (this area
shall be used for landscaping, water retention and signage).
b. A minimum of six (6) specimen trees shall be preserved.
C. No single building footprint shall exceed 7,200 square feet, and
onsite buildings shall be separated by a minimum of 50 feet.
d. State Road 60 criteria, parking, setbacks and buffers shall apply
per code.
4. Except as amended or restated by this Addendum, the Agreement and all of its
terms and conditions remains in full force and effect.
REDEVGROUP, INC.,
a Florida Pr fit Corporation
By:
P ' am .
WITNESS
WITNESS:
(Corporate seal is acc table in place
of witnesses)
2
BOARD OF COUNTY COMMISIONERS ,..••••o��M�w,
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INDIAN RIVER COUNTY, FLORIDA
By: *.
Print Name: '
Its: Cha i rman '= o'• roQ;:•
November 1 3 20189y9�yF
BCC Approved: . R COON
Atte s . eff a R. Smith Clerk of Court
By:
Deputy Clerk
Name:
(Appro ed as to Form and Legal Sufficiency)