HomeMy WebLinkAbout2023-059BSECOND AMENDMENT TO
AGREEMENT BETWEEN
INDIAN RIVER COUNTY, FLORIDA AND
LOST TREE PRESERVE, LLC
FOR LOST TREE PRESERVE, PD
FOR THE CONSTRUCTION OF OFF-SITE UTILITIES
This SECOND AMENDMENT (hereinafter "Second Amendment") to Agreement
Between Indian River County, Florida and Lost Tree Preserve, LLC for Lost Tree Preserve, PD
for theConstruction Off -Site Utilities ("Agreement") is made and entered into as of the
2.5 f day of Gt r(, h 2023, by and between Indian River County ("County") and
Lost Tree Preserve, LLC ("Developer").
RECITALS
WHEREAS, the County and Developer entered into the Agreement on August 15, 2017;
and
WHEREAS, the County entered into the First Amendment to Agreement Between Indian
River County, Florida and Lost Tree Preserve, LLC for Lost Tree Preserve, PD for the
Construction of Off -Site Utilities ("First Amendment") on March 3, 2020; and
WHEREAS, the County is in the process of resurfacing 69`b Street along the Lost Tree
Preserve project and will have its contractor install the utility lines as part of the resurfacing of 69`'
Street: and
WHEREAS, since the County will construct the 6" force main and the 12" off-site water
main on 696 Street, the completion of construction of such lines will no longer be a condition
precedent to the issuance of the Developer's Certificate of Completion; and
WHEREAS, the County and Developer wish to extend the term set forth in the Agreement
and modify certain Developer responsibilities under the Agreement and First Amendment,
NOW THEREFORE, in consideration of the mutual covenants contained herein and other
goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
Section 1. Recitals. The County and Developer agree that the above recitals are true and correct
by this reference incorporated herein and made part thereof.
Section 2. Amendment of Paraaraph 1.1) of the Agreement. Paragraph I.D. of the Agreement
shall be revised to read as follows:
D. The County and the Developer agree that the County will construct the 12" off-site
water main described in the First Amendment, with the Developer paying its fair
share to the County in the amount of $146,815.76 by April 30, 2024, or earlier
Pagel of 3
F:\Utilities\00—UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 Agenda Items\032823\Amend No 2 to Lost Tree
Preserve Developers Agreement\Amend No.2 to Lost Tree Preserve Agreement for Construction of Off -Site Utilities.docx
upon the issuance of a Certificate of Completion for Phases 4/5 of Lost Tree
Preserve.
Section 3. The remaining terms and conditions of the Agreement and First Amendment shall
remain in full force and effect.
Section 4. Effective Date. This Second Amendment shall be effective as of the date that it is
fully executed by both parties.
IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made,
and executed this Second Amendment to Agreement as evidenced by their signatures below:
Nvll� -
Witness Signature
Lvkc_ WaA
W itn=--t
Name
jt -vv
Witness Signature
Witness Printed Name
STATE OF FLORIDA JJ11�
COUNTY OF �a & (M gC h
DEVELOPER: Lost Tree Preserve, LLC
By: Lost Tree Village Corporation
It's Manager
By: C%r
Charles M. Bayer, Jr.tPside
Date: roar z ZoZ3
The foregoing instrument was acknowledged b ore me by means of QA physical presence or U
online notarization this day of bV'%)0,rY. 2023, by Charles M. Bayer, Jr.,
President of Lost Tree Village Corporation, the Manager of Lost Tree Preserve, L.L.C., who is
personally known to me or who has produced as identification.
Printed Name: Irl ti lQ
Commission #
Expiration Date --Ap y 1 1 ) 9_ Z O Z 7
Page 2 of 3
Notary Public
eE ERIN N. DELPLATO
MY COAIMMION # HH 342775
',? • • • •o? ` EXPIRES: AprN 18, 2027
F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 Agenda Items\032823\Amend No 2 to Lost Tree
Preserve Developers Agreement\Amend No.2 to Lost Tree Preserve Agreement for Construction of Off -Site Utilities.docx
INDIAN RIVER COUNTY """""""•••.
BOARD OF COUNTY COMMISSIONF;JiyCo�SMISS����F�:
—4 By: es
Joseph h1rarmanClra—irman oma:
'•92., •. ••yam:°'
Date Approved: March 28, 202
Approved:
1VIic C. Zito
Interim County Administrator
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
By: O
Deputy Clerk
Approved as to form and legal sufficiency:
Dylan Reingold
County Attorney
Page 3 of 3
F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2023 Agenda Items\032823\Amend No 2 to Lost Tree
Preserve Developers Agreement\Amend No.2 to Lost Tree Preserve Agreement for Construction of Off -Site Utilities.docx