HomeMy WebLinkAbout2003-198 8/ 1 /03PWDjwd(wdb)
Trillium Subdivision
AMENDMENT O
TO THE
DEVELOPER' S AGREEMENT
BETWEEN GHO VERO BEACH VIII, INC . AND
INDIAN RIVER COUNTY, FLORIDA
Pursuant to the Developer ' s Agreement dated the 4th day of March, 2003 , by and between
INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to
as the COUNTY, and GHO VERO BEACH VIII , INC . , a Florida Corporation, 5670 Corporate
Way, West Palm Beach, Florida, 33407 , hereinafter referred to as the DEVELOPER, this
AMENDMENT is an extension of and hereby becomes a part of the DEVELOPER' S
AGREEMENT as follows :
Original Paragraph 4 is deleted and Revised Paragraph 4 is inserted as follows :
Revised Paragraph 4 Prior to the issuance of the Certificate of Completion of the Land
Development Permit for Phase 3 of The Trillium Project, the DEVELOPER shall pay to the
COUNTY the sum of $ 50 , 000 for the design, permitting, and construction of 33 `d Street along
the approximate 1 , 300 lineal feet frontage of the Trillium as shown on Exhibit A attached and
incorporated by reference herein. The COUNTY shall have six years from the date of payment
to acquire the necessary right-of-way and construct the paved road . If right-of-way acquisition
and paving is not complete within 6 years from payment, the funds shall be returned to
DEVELOPER at DEVELOPER ' S request and DEVELOPER shall have no further obligation for
funding the 33 `d Street paving improvements .
If the cost of designing, engineering, permitting, and construction of the paved road (33rd
Street) with drainage is more than $200 , 000 , no funds shall be returned to DEVELOPER. In the
event that the cost of designing, engineering, permitting, and construction of the paved road with
drainage is less than $ 200 , 000 , the COUNTY will refund to DEVELOPER 25 % of the difference
between the final cost of construction of the road and $200 , 000 .
Original Paragraph 5 is deleted and Revised Paragraph 5 is inserted as follows :
Revised Paragraph 5 . The DEVELOPER shall provide Indian River COUNTY with
stormwater storage capacity necessary to satisfy the stormwater requirements for the portion of
66th Avenue between 26th Street and 33 `d Street. The stormwater retention system for the
Trillium project as currently designed has no additional capacity available , and any additional
capacity will be the result of design changes that will likely result in the loss of green space but
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no building lots . The purchase price to be paid by the COUNTY, to DEVELOPER, for this
capacity, which would include the land, all design, and construction and carrying costs
associated with the newly created stormwater retention area, shall be $ 97 ,000 . The
DEVELOPER agrees it has sufficient green space on its site to accommodate the stormwater
without losing a building lot. Construction of stormwater retention capacity shall be performed
by DEVELOPER at its sole expense . Payment of the purchase price for stormwater retention
capacity shall be 100 % traffic impact fee credits given to by COUNTY to DEVELOPER.
DEVELOPER may transfer these traffic impact fee credits to any third party, upon providing
written notification to COUNTY of said transfer within District 2 , and upon approval of the
County Administrator or his designee , which shall not be unreasonably withheld . Traffic impact
fee credits shall have no expiration date . Location of any required lake or expansion of any lake
shall be at the discretion of DEVELOPER and shall be designed to enhance the community.
Furthermore , the COUNTY agrees to reimburse DEVELOPER for the purchase and installation
of the necessary control structure(s) , catch basins, baffles and piping added to facilitate the
storage of the additional stormwater, COUNTY reimbursement not to exceed $ 15 ,000 .
DEVELOPER shall direct the 66th Avenue drainage into the stormwater management tracts .
RELATIONSHIP TO ORIGINAL AGREEMENT AND LAWS OF
FLORIDA
All conditions set forth in the original DEVELOPER' S AGREEMENT shall control
unless otherwise specified in this AMENDMENT . This AMENDMENT, regardless of where
executed, shall be governed by and construed according to the laws of the State of Florida.
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IN WITNESS WHEREOF the parties hereto have executed these presents this
12th day of August 52003 ,
GHO VE40 BEACH VIII , INC . INDIAN RIVER COUNTY, FLORIDA
5670 Co o to Way BOARD OF COUNTY COMMISSIONERS
WEST P BEACH, FLORIDA
BY : B
Willi le resident 4ethR. Macht, Chairperson
WITNESS : BCC Approved : 08 - 12 - 2003
WITNESS : Approved :
(Corporate seal is acceptable in place of witness)
ByGao�� 1000e:
Jame/f. Chandler
Colty Administrator
Attest :
Jeffrey K. Barton,
CISI of Circuit ourt it -
By :
Deputy Clerk
Approved as to form and legal sufficiency :
By :Wet
Co}mty Attorney
Wo
Indian River County
Approved Date
Administration
Budget
Co. Atty
Risk Management /
Public Works g J /
Stormwater 111
Engineering