SUBJECT
title
Second amendment to the Declaration of Restrictions, Covenants and Conditions and grant of Easements for the replat of Ovation. (No fiscal impact)
body
DESCRIPTION
In 2017 the Ovation shopping center in Davenport was replatted. As part of that replat Armstrong Reunion, LLC (“Armstrong”), Publix Super Markets, Inc. (‘Publix”) and Polk County (“County”) entered the Declaration of Restrictions, Covenants and Conditions and grant of Easements (“Agreement”) setting forth each party’s rights and obligations. In 2018 the First Amendment to Agreement was recorded.
Currently, a piece of the property (Lot 6 and Lot 7) is under contract and the purchaser’s proposed activities requires certain amendments to the Agreement. Staff has reviewed the second amendment to the Agreement and have no objections to the proposed changes.
Because the County owns a parcel in the development and is a party to the Agreement, the County must execute the second amendment to the Agreement for the process to move forward.
RECOMMENDATION
Approve second amendment to the Declaration of Restrictions, Covenants and Conditions and grant of Easements for the replat of Ovation.
FISCAL IMPACT
None
CONTACT INFORMATION
Randall E. Vogel
Assistant County Attorney
863-534-6744