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Dylan Reingold, County Attomey <br />William K DeBiaA Deputy County Attorney <br />ATTORNEY'S MATTERS: <br />Ofi ce Df <br />INDIAN RIVER CO <br />MEMORANDUM <br />ATTO <br />TO: Board of County Commissioners <br />ol�_ <br />FROM: William K. DeBraal — Deputy County Attomey <br />THROUGH: Dylan Reingold — County Attorney <br />DATE: August 7, 2013 <br />SUBJECT: Developer Request for Additional 2 -Year Extension to Construct Required Sidewa <br />Improvements <br />There are currently seven subdivisions (Millstone Landing, Phase 3; Provence Bay; Vero Lago, Ph ses 1, <br />2, 3 and 5; -and Isles at Waterway Village PD Plat 1C) that are operating under the sidewalk bondi g -out <br />regulations that were in effect prior to 2009 where the developer is responsible for the construction of <br />the sidewalk segments fronting or contiguous to individual lots. Funds currently held by the County for <br />sidewalk guarantees for these subdivisions total $311,730.39. Ordinance No. 2012-018, adopted by the <br />Board in June of 2012, amended Section 913.09(5) to allow developers to amend the restrictive <br />covenants (if the developer still had control of the subdivision) to make it the responsibility of the lot <br />owner prior to receiving a Certificate of Occupancy on the residence, to construct, at the lot owner's <br />expense, the sidewalk segment fronting or contiguous to the lot owner's lot provided that the consent <br />of the lot owner and any mortgagee be obtained. Additionally, the consent would also need to be <br />obtained from any existing lot owner if the sidewalk segments not built are within the exist ng lot <br />owner's property line and the entrance to the subdivision, as the existing lot owner under the former <br />code is guaranteed sidewalk continuity by the developer from his lot to the subdivision entrant . If a <br />developer were able to accomplish this, then the posted security was able to be released and re urned <br />to the developer. <br />Obtaining consents of lot owners and their mortgagees have proven to be quite challenging, and in <br />some instances impossible. Thus these developers continue to have in place the sidewalk s curity <br />guaranteeing the construction of the sidewalk segments. In June of 2012, the Board also amend d the <br />,LVED FOR <br />01 �L._..._, Z l i_p2i t <br />3.C.C. MEETING - REGU ENDA <br />8-13 4 <br />173 <br />