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homeowners association, was the ability to amend the restrictive covenants to provide for the sidewalk construction along certain lots to be the responsibility of the lot purchaser before that lot purchaser could receive a Certificate of Occupancy for a residence for the respective lot. The successor developer did record an acceptable amendment to the restrictive covenants making it the responsibility of each respective lot owner of the deferred lots within Phases 2 and 3 to construct a sidewalk before a Certificate of Occupancy is obtained for a residence for the respective lot. Since the successor developer has satisfied the requirements of Indian River County Code Section 913.09(5)(b)2.a to take those lots out of deferral, the Board of County Commissioners can now authorize the Chairman to execute a Termination of Covenant Deferring Sidewalk Development for both Phases 2 and 3, which would facilitate the sale of those lots and the ability to obtain building permits. Re: RESOLUTION DELEGATING AUTHORITY FOR FUTURE TERMINATIONS OF DEFERRALS FOR BOTH SIDEWALKS AND MAINTENANCE SECURITY Subdivision projects that were platted prior to February 17, 2009, by code, were allowed to defer sidewalk construction and the posting of security to guarantee sidewalk construction as well as to defer the posting of security to warranty the required road and drainage improvements. The developer had to make application with the County and, if approved, then executed and recorded in the public records a covenant to defer a designated area of the subdivision, with the understanding that the lots within the deferral area could not be sold or building permits obtained until security was in place; or, in the case of sidewalks, alternative to putting security in place, construct the sidewalks, or a restrictive covenant could be recorded making it the responsibility of the respective lot owner to construct the sidewalk segment before a certificate of occupancy is obtained, thus relieving the developer from the obligation. As development projects are starting to resume, and where the developers meet the requirements of taking the deferral areas out of "mothballs" to sell individual lots, time has become critical for closings and being able to apply for building permits, given that the recorded deferral covenant requires Board approval to terminate the deferral covenant. Recognizing that the Board does not meet every week, and given the upcoming summer months where the Board is not scheduled to routinely meet, it appears to be in the best interest of the County and the public to streamline the process of terminating covenants deferring sidewalk development and maintenance security without undue delays by the County. For these reasons, and because this process is administrative in nature, presented herewith for consideration is a Resolution authorizing the County Administrator or his designee to execute Terminations of Covenants Deferring Sidewalk Development as well as Terminations of Covenants Deferring Maintenance Security Development so long as the respective document bears 2 75