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include impact fees. That is the same procedure now used for City property owners. Attorney Vitunac explained that if.the annexation does not go through, City staff is in total agreement that -these unvested property owners would remain the responsibility of Indian River County. If the City decides to serve somebody, that would be on a one-to-one negotiated basis. As he understood it, it is the City's present policy not to service areas outside the City limits and that would include the South Beach area if the annexation fails. Attorney Vitunac commended Attorney Brandenburg on his preparation of the agreement and advised that he will recommend today that the City sign it with the proviso that if and when it is ever challenged that it will be many years in.the future and only then will it be determined whether it is enforceable or not. Att,orney Brandenburg then asked Attorney Vitunac if he would sign off on the agreement for legal sufficiency, and stated that if Attorney Vitunac did not sign off for legal sufficiency, he would advise the Board not to enter into the agreement for the very fact that he did not want the record to show that the City Attorney back then was reluctant to advise City Council that it was legal. - Attorney Vitunac felt, in the interests of good annexation, that he would probably sign the agreement. He would just put his concerns on the record. Commissioner Lyons felt that all we are trying to do is to ensure that the purpose for which the property was bought is going to be carried out. He was reluctant to vote for approval of the agreement if the two attorney.'s were not in accord on the legality of the agreement. Attorney Vitunac expressed his concern about the possibility of this becoming an issue in 20 years and whether the Council sitting at that time could be forced 7 FEB2 9 1984 BUX ' 56 PACE 2 t 3. V.�