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an extension of their site plan; that would have been the last <br />site plan that would have been a valid site plan, and it would <br />have expired in December, 1983. <br />Attorney Brandenburg noted that the first question at this <br />point then is whether or not construction ever commenced. If it <br />did, then the site plan would not have expired. The second <br />question is re the good faith effort to complete the project. If <br />construction never commenced, the site plan automatically expired <br />just because of the period of time that has gone by. <br />Gerald Chancellor, Vice President of Florida Land Company, <br />came before the Board and stated that no specifics ever have been <br />cited to Florida Land with regard to ordinances adopted since <br />their site plan approval, but they certainly would intend to <br />comply with any that would be applicable to their project. <br />Chairman Lyons emphasized that there are only two pertinent <br />questions to be considered - have they actively pursued the site <br />plan and have they started construction and diligently <br />constructed the site plan. <br />Mr. Chancellor stated that it is their belief and contention <br />that they have been continually active on the site plan since it <br />was approved. He noted that in 1982, they and some other <br />companies were instructed to form a water company and construct a <br />regional water facility. As everyone knows, two of the main <br />constraints to development anywhere are utilities and financing, <br />and in the North Beach area utilities and a potable water source <br />are a primary problem that has existed for many years. Mr. <br />Chancellor continued that they have proceeded in conformance with <br />what the Board directed in 1982 ever since, and the North Beach <br />Water Company is on Florida Land Company's property and was shown <br />on their site plan. They have been under construction on that <br />project for the past two years, and by April of 1985, when they <br />intend to open the first major phase of the ultimate reverse <br />osmosis plant, they will have spent close to one million in this <br />joint venture simply on water, not to mention money spent in the <br />49 <br />JAN 2 1995 alp 59 91,39 <br />I <br />