HomeMy WebLinkAbout2008-288 - 06
AGREEMENT
AGREEMENT FOR THE TRANSFER OF RESPONSIBILITY
FOR REQUIRED IMPROVEMENTS
THIS AGREEMENT , made and entered into this 16th day of
Septerrber 12008 by and between DILECO DEVELOPMENT , LLC ,
a Florida limited liability company , hereinafter referred to as " Developer" , and
OAK HOLLOW ESTATES PROPERTY OWNERS ASSOCIATION , INC . , a
Florida nonprofit corporation , hereinafter referred to as "Association " .
WITNESSETH :
1 . Developer received preliminary plat approval on February 12 , 2004
for the project identified as :
Project Title : Oak Hallow Estates
Project Number . SD - 04 -04- 15
Project CD + Number : 2003110238 -38339
Project Location : Oak Hollow Avenue at 41 sl Street
2 . As a condition of final plat approval , Developer is required to
construct interior sidewalks within Oak Hollow Estates Subdivision .
3 . Developer wishes to effectively satisfy and be released from its
obligation to construct the required sidewalk segments by providing a cash
payment of funds equal to one hundred percent ( 100 % ) of the estimated cost to
construct the required sidewalk segments .
4 . It is agreed between the parties that in consideration of the sum
payment of $ 10 , 438 . 00 , Developer transfers its responsibility to Association , and
Indian River County releases Developer from all obligations to construct internal
sidewalks within Oak Hollow Estates Subdivision , and Association assumes the
obligation of providing the referenced sidewalk improvements at some future
date .
5 . Developer shall be responsible for clearing and grading the
intended locations of the required sidewalk improvements at the time clearing
and grading for the development project is performed . The value of such
clearing and grading is reflected in the cash payment amount provided by the
Developer . The cleared sidewalk path shall be approved by the Public Works
Department and shall be selected so as to maximize tree preservation while
maintaining compliance with the sidewalk design specifications listed in Section
913 . 09 ( 5 ) ( a ) of the Land Development Regulations .
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t-' :Wttorney\Nancy\ DOCS\PLAN\oak hollow estates sidewalk transfer. doc
IN WITNESS YVHEREOF , the parties hereunto set their hands and seals
this 3 day of 2dLo2g 2008 •
DILECO DEVELOPMENT , LLC , a
Florida limited liability company
By DIROCCO CONSTRUCTION CO . ,
INC . , a Florida corporation
a � MANAGER
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iNOM ted n e :
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«NNNNN.NIN N.N.N«..j tItIW . /
9 /3 '0g ( Presiders or Vice President )
1
" DEVELOPER"
OAK HOLLOW ESTATES PROPERTY
OWNERS ASSOCIATION , INC . , a
Florida nonprofit corporation
MARIE D PASSAFIUME -
Co111iM D00.17I7A0
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.
• �""' � �+ ' title :
• as
"ASSOCIATION "
APPROVED BY :
APPROVED AS TO FORM
AND LEGALSUF PIENCY INDIA RIVER COUNTY , FLORIDA .
BY
Wit. l tAh9 G . C 1.! I Sites ,
COUNTY AT7oRNEy Sandra L . Bo dere ; Cha In
Date of BCC Approvaep�riber 16 , ?,CO8
* Wesley S . Davis ` VipetChairman
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