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ON MOTION by Commissioner Scurlock, SECONDED by <br />Commissioner Wheeler, the Board unanimously approved <br />Change Order #1 and Owl and Associates, Inc.'s final <br />pay request, as recommended by staff. <br />CHANGE ORDER AND FINAL PAY REQUEST <br />ARE ON FILE IN THE OFFICE OF CLERK TO THE BOARD <br />U.S.1 NORTHBOUND LEFT -TURN LANE AT 99TH STREET (VICKERS ROAD) <br />The Board reviewed memo from County Attorney Charles Vitunac <br />dated May 6, 1992: <br />TO: The Board of County Commissioners <br />FROM: t O(- William G. Collins II - Deputy County Attorney <br />DATE: May 6, 1992 <br />SUBJECT: U.S. 1 Northbound Left -Turn Lane at 99th Street (Vickers <br />Road) <br />This agenda item relates to the request for a refund of funds escrowed by <br />Karl Hedin as fairshare contribution toward the construction of a left -turn <br />lane at 99th Street and U. S. 1. A brief chronology follows. <br />1. A development was approved north of 99th Street west of U. S. 1 <br />several years ago for John Bernard Roberts. The installation of a <br />northbound left -turn lane on U. S. 1 was a condition of approval, to be <br />met before C. 0. Mr. Roberts went bankrupt before completing the <br />project and a Certificate of Occupancy was never issued. <br />2. A special exception approval was granted on August 15, 1989 for <br />Keith's Oil Can and mini warehouse/self-storage facility at the southwest <br />corner of U.S. 1 and 99th Street. As a condition of* this special <br />exception approval, Mr. Hedin was to escrow his fairshare_ of the cost <br />of constructing a left -turn lane on U.S. 1 northbound at 99th Street. <br />3. Prior to a C.O. being issued for Keith's Oil Can, $3,000 was delivered <br />Into escrow for the left -turn lane under cover letter from Michael <br />O'Haire which set out the terms of the escrow agreement. Under the <br />agreement the money would be refunded to Mr. Hedin if a left -turn lane <br />was not constructed within five years or, if the left -turn lane was <br />constructed by the State Department of Transportation. The funds <br />were available to Indian River County should it construct the left -turn <br />lane in the next five years. <br />4. Since that time I have received 13 letters from Mr. Hedin, asserting <br />that the condition of escrow was a mistake (for a variety of reasons) <br />and demanding its return. I have consistently told Mr. Hedin that I <br />had no authority to order funds released from escrow until the terms of <br />the escrow agreement were met. <br />5. Early in 1992 the "Ford" rezoning of the former Roberts property took <br />dace. At that time the Board of County Commissioners directed Public <br />Works Director Davis to proceed with the design of a left -turn lane at <br />the subject intersection. <br />41 <br />' 19 <br />00K <br />