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SEP 2 5 1980 <br />BOOK 81 PAGE 9 <br />opinion that this can be accomplished unless we get into a <br />"taking" situation. <br />Mr. Greco informed the Board that there are 2 or 3 things in <br />the proposed D.O. that could be a problem as to the wording, and' <br />the particular issue the Board Is discussing is probably the'most <br />important thing to the DeBartolo Corporation. He noted that the <br />mall is putting only:2.90 of the.total traffic on 43rd Avenue and <br />i <br />is going to pay about 1.8 million towards its improvement; so, <br />when the County is saying "probably" we can get this improvement) <br />done on 43rd Avenue, or "possibly not," you can imagine the <br />position that puts the developer <br />in if you can't get a C.O. until <br />all these improvements are absolutely finished. The developer <br />cannot sit there with department stores fully stocked that can't. <br />open to the public. Mr..Greco stressed that they are not balking <br />at anything the Board has asked, but they are concerned about the <br />b <br />indefiniteness of this situation. The developer is willing to <br />pay for the improvements and to put the money in some kind of <br />Letter of Credit, or whatever, but they have a time table for the <br />mall; they have got the stores; they are going to start as - <br />quickly as possible; and they must open by 1992. He advised that <br />they did meet with County Attorney Vitunac yesterday to see if <br />there was some way to come up with an answer, but no one was <br />quite sure; so, it was thought that possibly this particular <br />issue, and one or two others where they have some wording <br />changes, could be put off for possibly 2 weeks from now and that, <br />we could take care of everything else and make it contingent on <br />solving this problem to everyone's liking. <br />Commissioner Scurlock inquired if Mr. Greco was saying that <br />he wanted to have approval of the D.O. contingent on appropriate <br />language to be developed between now and the next couple of <br />meetings, but Attorney Vitunac believed that Mr. Greco wants to <br />continue this to a time certain and not approve the D.O. today. <br />Chairman Eggert raised the question of how we can not do <br />something with the D.O. today when we have approved the rezoning. <br />64 <br />