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ATTORNEY COLLINS REFERRED BACK TO THE MODIFIED AGREEMENT <br />BETWEEN THE COUNTY AND THE F.E.C. RAILROAD FOR A CROSSING AT HOBART <br />ROAD DISCUSSED EARLIER. HE INFORMED THE BOARD THAT THE DOT REPRESENTA- <br />TIVE HAS BROUGHT UP THE FORM RESOLUTION, AND, IN ADDITION, REQUESTED <br />THAT THE COUNTY ENTER INTO A TRIPARTITE RAILROAD REIMBURSEMENT AGREEMENT <br />SIMILAR TO AGREEMENTS SIGNED IN THE PAST. HE CONTINUED THAT HIS CONCERN <br />WAS WHETHER OR NOT THERE WERE ANY INCONSISTENCIES AS FAR AS THE COUNTY'S <br />OBLIGATIONS UNDER THE 1975 AGREEMENT ON HOBART ROAD, AND AFTER REVIEW, <br />IT APPEARS THERE ARE. UNDER THE NEW AGREEMENT, WE HAVE A 50/50 AGREE- <br />MENT WITH THE RAILROAD FOR MAINTENANCE AFTER COMPLETION. ATTORNEY <br />COLLINS DID NOT FEEL THE DOLLARS ARE SO SIGNIFICANT THAT THE COUNTY <br />SHOULD ATTEMPT TO MODIFY THE STANDARD FORM DOT REIMBURSEMENT AGREEMENT <br />BECAUSE DELAYS WOULD OCCUR AND PERHAPS THE FEDERAL INVOLVEMENT WOULD BE <br />LOST. HE FELT IF THE BOARD DID NOT MOVE AHEAD, THERE WOULD BE AN IMPACT <br />ON THE COUNTY HAVING TO PUT IN AN INSTALLATION THAT IS NEEDED, AND HE <br />WOULD, THEREFORE, RECOMMEND NOT ONLY PASSING THE APPROPRIATE RESOLUTION <br />AS PREVIOUSLY AUTHORIZED, BUT ALSO AUTHORIZING THE CHAIRMAN TO SIGN AS <br />TO THE REIMBURSEMENT AGREEMENT. <br />ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER <br />Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE RAILROAD <br />REIMBURSEMENT AGREEMENT AS DISCUSSED ABOVE. SAID AGREEMENT WILL BE MADE <br />A PART OF THE MINUTES WHEN COMPLETED AND RECEIVED. <br />ATTORNEY COLLINS INFORMED THE BOARD THAT THE CHAIRMAN HAS <br />REQUESTED A DISCUSSION ON THE PARTY WALL CONCEPT BECAUSE THERE IS A <br />DEVELOPMENT IN PROCESS, AND IT IS ANTICIPATED THERE WILL BE OTHERS THAT <br />WILL WANT TO GO INTO THIS CONCEPT RATHER THAN CONDOMINIUMIZING. THE <br />DISTINCTION BETWEEN THE TWO CONCEPTS IS THAT IN THE PARTY WALL CONCEPT, <br />THE INDIVIDUAL PROPERTY OWNER OWNS THE LAND UNDERNEATH THEIR PARTICULAR <br />UNIT AND THEN THEY OWN, IN CONCERT, THE LAND SURROUNDING THE UNIT WHEREAS <br />IN THE CONDOMINIUM SET-UP, THE OWNER OWNS)ALONG WITH ALL OTHER OWNERS <br />THE LAND UNDER THE UNIT AS WELL AS THE'LAND SURROUNDING. THE QUESTION <br />IS WHETHER THE EXISTING. COUNTY ZONING ORDINANCE PERMITS THE PARTY WALL <br />CONCEPT, AND ATTORNEY COLLINS FELT THAT IT DOES. HE STATED THAT THE <br />SOUTHERN STANDARD BUILDING.CODE•SPECIFICALLY PROVIDES FOR IT. THE <br />24 <br />aa�K 39 PACE 2'74 <br />MAR 2 11979 <br />