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A <br />Since the fl ung of a lawsuit contesting this dedication <br />requirement by the Associates Management Group, Inc., the <br />County has been requiring developers to escrow funds pending <br />the outcome of the litigation. I have now determined that a <br />defense of the ordinance would be fruitless and expose the <br />County to unnecessary attorney's fees and court costs. I <br />will continue to defend the County in the Associates <br />Management Group, Inc. lawsuit on the basis of a knowing, <br />voluntary waiver of rights by the developer. <br />At this time a number of projects including the Grand Harbor <br />Beach Club, the Sea Oaks Docking Facility and certain <br />oceanfront subdivisions have the waterfront dedication <br />requirement as a condition of C.O. Such conditions are now <br />clearly inappropriate. <br />RECOMMENDATION <br />I recommend that the Board directs staff to suspend the <br />operation of Section 10(r) of the Subdivision and Platting <br />Ordinance and Section 23.3(i) of the site plan review <br />standards and draft the necessary ordinance amendment to <br />delete these requirements. This is consistent with the <br />Position that County Attorney Vitunac has been taking on <br />this matter for over a year. <br />MOTION WAS MADE by Commissioner Eggert, SECONDED by <br />Commissioner Scurlock, the Board unanimously (4-0) <br />directed -staff to suspend operation of the Sections <br />of the Subdivision & Platting Ordinance and of the <br />site plan review standards listed above and to draft <br />the necessary ordinance amendment to delete these <br />requirements. <br />Commissioner Scurlock asked if by this action we open up <br />Pandora's box for some of the monies generated in the past. <br />Attorney Collins noted that there is a 4 year statute of <br />limitations, but there may be some that will fall under this. <br />THE CHAIRMAN CALLED FOR THE QUESTION. <br />It was voted on and carried unanimously (4-0) <br />76 <br />