HomeMy WebLinkAbout2007-319 1
FIRST AMENDED DEVELOPER' S AGREEMENT BETWEEN -1 - 1 `
INDIAN RIVER COUNTY, FLORIDA47
n
AND
WOODSIDE TUSCANY, L.L.C.
FOR TUSCANY LAKES SUBDIVISION
THIS FIRST AMENDED AGREEMENT, entered this 19* day of .
2007, by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State
of Florida, 1840 25"i Street, Vero Beach, Florida, 32960, hereafter called COUNTY and Woodside
Tuscany, L. L. C. , a Florida limited liability company, 2541 Metro Centre Boulevard, Suite 1 , West
Palm Beach, Florida 33407, telephone number (561 ) 688-2020 , hereafter referred to as
DEVELOPER.
WITNESSETH
WHEREAS , the parties entered into a Developer Agreement dated February 21 , 2006; and
WHEREAS , the DEVELOPER has applied to develop a single family residential
development to be known as Tuscany Lakes Subdivision on 59 acres of land located on the south
side of 77th Street and west of 58th Avenue in Indian River County, Project Number SD-04- 11 -52
(2004050472-43084) , the legal description is attached as Exhibit "A" and incorporated herein by
reference. and;
WHEREAS, the original Developer Agreement addressed mutual concerns of the COUNTY
and the DEVELOPER including improvements to 58th Avenue at 77th Street and at 45th Street; and
WHEREAS, the initial estimate for construction of the improvements to 58th Avenue and
77th Street was $421 ,707 . 18; and
WHEREAS, in order to accommodate a south bound turn lane on 58th Avenue, a 138 KV
power pole and transmission line must be relocated from an existing Florida Power and Light
Company easement. The cost of relocating this pole and line was not included in the initial estimate
of the southbound turn lane construction; and
WHEREAS , because of the turn lanes, it will be necessary to relocate the traffic signal pole
at the intersection of 58th Avenue and 77th Street. The cost of relocating this pole and signal was
not included in the initial estimate of the southbound turn lane construction; and
WHEREAS , the estimated costs of moving the power pole, transmission line, signal pole
and the associated engineering and construction is $ 110 , 840; and
WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other by
amending the Developer Agreement dated February 21 , 2006, through ajoint effort that will provide
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for relocation of the items .
NOW, THEREFORE , in consideration of the mutual terms, conditions, promises, covenants
and premises hereinafter, the COUNTY and DEVELOPER agree to amend the Developer
Agreement dated February 21 , 2006 as follows :
1 . The above recitals are affirmed as being true and correct and are thereby incorporated herein.
2 . Paragraph 2 of the Developer Agreement dated February 21 , 2006 is amended by adding
paragraph 2e . as follows :
In order to construct the turn lane on 58th Avenue at 77th Street, a 138 KV power pole
and transmission line must be relocated from an existing Florida Power and Light
Company easement together with moving a traffic signal pole and associated engineering
and construction costs . COUNTY and DEVELOPER shall each pay one half of the cost
($ 55 , 840 . 00 each) of relocating the power pole, transmission line, traffic signal pole and
the associated engineering and construction. Upon completion of the relocations and
acceptance of the improvements to the intersection the COUNTY shall pay
DEVELOPER its 50% share of the cost of the relocation and improvements.
DEVELOPER shall provide a bill of sale to COUNTY for the improvements in this
paragraph together with a one year warranty covering the work.
3 . Except as amended herein, the terms and conditions of the Developer Agreement dated
February 21 , 2006 shall remain in full force and effect.
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IPI WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to
be executed in their names, the day and year first above written.
BOARD OF COUNTY DEVELOPER
COMMISSIONERS WOODSIDE TUSCANY, L.L.0
INDIAN RIVER COUNTY,
FLORIDA
(Sign re) ' - (Signat r
Bary . wee e{r;-Chairman HJr�� ity , Manager
jP. rinted name .and title) (Printed name and title)
BCCApp�&4d bl
ATTEST : Witnessed by :
Jeffrey K. Barton, Clerk of
Circuit Court
s Maumen dello
Deputy C ere (Printed name)
Approved as to Form and Legal
Suffici r cy :
a;
William K. DeBraal,
Deputy County Attorney
J eph A. Baird, County Administrator
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