HomeMy WebLinkAbout2004-277A G
AMENDMENT to AGREEMENT
between
INDIAN RIVER COUNTY
and
INDIAN RIVER ASSOCIATES Il , LLLP
WHEREAS , INDIAN RIVER .COUNTY (County) entered into a developer' s
agreement with INDIAN RIVER ASSOCIATES 11 , LLLP ( I . R. Associates ) on August 6 ,
2004 , concerning Falcon Trace Development; and
WHEREAS , in the agreement, the County and I . R. Associates have set certain
dates by which responsibilities are to be completed ; and
WHEREAS , certain conveyances of real property were to be made by the parties
by October 15 , 2004 ; and
WHEREAS , factors beyond the control of either the County or 1 . R . Associates
have necessitated that the dates for conveyance be extended , to wit :
A. The Governor of the State of Florida has issued Executive Orders Nos . 04- 192
and 04-206 declaring a state of emergency for the State of Florida until November 10 ,
2004 ;
B . By operation of law, the aforementioned Executive Orders , Florida Statutes
sections 252 . 36 , 252 . 38 , and 252 .46 , and Indian River County Resolutions 2004 - 95 and
2004 — 096 , the Indian River County Board of County Commissioners has the authority to
issue orders and rules during the period of the declared emergency, and has delegated
the ability to issue Emergency Orders and Emergency Contracts for Indian River County
to the County Administrator;
CADocuments and Settings\ronc\Local SetUngs7emporary Internet Files10LK1B\Fa1con Trace extension agreement w irc. doc
NOW , THEREFORE , in consideration of the following mutual covenants and
agreements INDIAN RIVER COUNTY, FLORIDA and INDIAN RIVER ASSOCIATES 11 ,
LLLP agree as follows :
1 . The original agreement dated August 6 , 2004 shall remain in full force and effect
except that the time for conveyance of properties between the parties shall be extended
until December 15 , 2004 ,
2 . Except as supplemented herein , the terms and conditions of the Agreement shall
remain in full force and effect. To the extent of any conflict between the terms of this
Amendment and the terms of the Agreement, the terms of this Amendment shall control .
IN WITNESS WHEREOF , this Amendment to Agreement is executed by the
authorized representatives of the parties as of the day and year first above written , nunc
pro tunc.
INDIAN RIVER COUNTY
u r By: 01 ,e, Lk
, ,
Jose ' A. Ba d , County Administrator
V r
Date :
`J1lITNESSES : INDIAN RIVER ASSOCIATES 11 , LLLP
A FLORIDA LIMITED LIABILITY
LIMITED PARTNERSHIP
�N BY: INDIAN RIVER II CORPORATION
w A FLORIDA CORPORATION
ITS GENERAL PARTNER
print�tIn) a � � l 1\ � a � s Alan Fant, Vice President �
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CADocuments and Settingskonc\Local Settings\Temporary Internet Flles\OLK18\Falcon Trace extenslon agreement w irc.doc