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de— <br />Consent Agenda - B.C.C. 02.21.17 <br />Ofce o, f <br />INDIAN RIVER COUNTY <br />Dylan Reingold, County Attorney <br />Wilham K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney <br />DATE: February 13, 2017 <br />ATTORNEY <br />SUBJECT: Resolution Delegating Authority for Utilities Director to Enter Into a Memorandum of <br />Understanding with Developers for Certain Phased Developments <br />BACKGROUND. <br />There are instances in certain types of phased developments in which the County desires to accept for <br />ownership and maintenance of water and/or sewer utilities within a particular phase of development while <br />leaving a portion of the water and/or sewer utilities on other portions of the property still under <br />development within the responsibility of the developer. In such instances, the County desires the <br />developer to confirm responsibility for maintaining, repairing and owning those portions of the water <br />and/or sewer utilities on other portions of the property still under development. Additionally, in such <br />instances, the County also desires to maintain the right to enter onto the developer's private property in <br />order to respond, if necessary, to a broken or defective utility line, with the developer agreeing to pay for <br />the costs of such response. <br />Therefore, the County Attorney has drafted a resolution authorizing the Utilities Director to enter into a <br />memorandum of understanding with developers in such instances so long as the memorandum of <br />understanding is in the form attached to the proposed resolution. Any such memorandum would require <br />the signature of the County Attorney, or his designee, approving such documents as to form and legal <br />sufficiency. Additionally, the resolution ratifies previous agreements entered into by the County Utilities <br />Director that satisfy such requirements. <br />FUNDING. <br />There is no funding associated with this agenda item. <br />FAA, g4L1.J.1GE\LRAL1B C CWWr &M—lUANry Dt—wMOU Ph—dPq-e du <br />P22 <br />