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CONSENT: 9/22/15 <br /> �v`E,p Oce of , <br /> INDIAN RIVER COUNTY <br /> ATTORNEY <br /> l <br /> Dylan Reingold,County Attorney <br /> William K.DeBraaL Deputy Count),Attorney <br /> Kate Pingolt Cotner,Assistant County Attoinee <br /> MEMORANDUM <br /> TO: Board of County Commissioners <br /> FROM: William K. DeBraal—Deputy County Attorney <br /> THROUGH: Dylan Reingold—County Attorney Q()' Ad <br /> Stan Boling—Community Development Director <br /> DATE: September 15, 2015 <br /> SUBJECT: Developer Request for Additional 2-Year Extension to Construct Required Sidewalk <br /> Improvements <br /> There are currently five subdivisions(Millstone Landing, Phase 3; Provence Bay;and Vero Lago, Phases 2, <br /> 3 and 5 that are operating under the sidewalk bonding-out regulations that were in effect prior to 2009 <br /> where the developer is responsible for the construction of the sidewalk segments fronting or contiguous <br /> to individual lots. Funds currently held by the County for sidewalk guarantees for these subdivisions total <br /> $210,137.51. Ordinance No.2012-018,adopted by the Board in June of 2012,amended Section 913.09(5) <br /> to allow developers to amend the restrictive covenants (if the developer still had control of the <br /> subdivision)to make it the responsibility of the lot owner prior to receiving a Certificate of Occupancy on <br /> the residence, to construct, at the lot owner's expense, the sidewalk segment fronting or contiguous to <br /> the lot owner's lot provided that the consent of the lot owner and any mortgagee be obtained. <br /> Additionally, the consent would also need to be obtained from any existing lot owner if the sidewalk <br /> segments not built are within the existing lot owner's property line and the entrance to the subdivision, <br /> as the existing lot owner under the former code is guaranteed sidewalk continuity by the developer from <br /> his lot to the subdivision entrance. If a developer were able to accomplish this,then the posted security <br /> was able to be released and returned to the developer. <br /> Obtaining consents of lot owners and their mortgagees have proven to be quite challenging, and in some <br /> instances impossible. Thus these developers continue to have in place the sidewalk security guaranteeing <br /> the construction of the sidewalk segments. In 2012 and again in 2013,.the Board amended the code to <br /> jDte <br /> Approved for September 22,2014 BCC Meeting Admin.Indian River Co. proved CONSENTCo.Atty. <br /> COUNTY ATTORNEY BudgetDepartment <br /> 1 '�W <br /> 132 <br />