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ON_ - MOTION by Commissioner _.E_ggert,. ._ SECONDED by <br />Commissioner Adams, the Board unanimously approved <br />final payment to R. A. Litkenhaus and Associates <br />Inc., in the amount of $23,_624.00, as recommended by <br />staff. <br />FINAL PAYMENT REQUEST <br />IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD <br />CONSTRUCTION OF STORM GROVE ROAD <br />Assistant County Attorney Terry O'Brien presented the <br />following: <br />TO: Board of County Commissioners <br />FROM: Terrence P. O'Brien - Assistant County Attorney—yPa <br />DATE: October 19: 1994 <br />RE: CONSTRUCTION ,OF STORM GROVE ROAD <br />A developer's agreement was entered into on October 2, 1985, between <br />Indian River County and Vero Sand Pines, a Florida general <br />partnership, hereinafter "Sand Pines." The agreement had for its <br />purpose the facilitation of the construction of Hawk's Nest Golf Course <br />and at the same time it established, in the view of this office, legal <br />obligations for the construction of a portion of Storm Grove Road. A <br />memorandum prepared by this writer on this subject is attached. <br />" By letter dated August 30, 1994 (copy attached) Robert A. Cairns <br />Managing Partner of Sand Pines asked the County to "put into action <br />the construction of Storm Grove Road to Lateral , G" to allow him to <br />develop his property. <br />On September -29, 1994 staff met with attorneys for Hawk's Nest and <br />Bent Pines. It is the opinion of the attorney for Hawk's Nest that the <br />County is under no legal obligation to construct Storm Grove Road for <br />Sand Pines. This opinion differs from that of this office. (see attached <br />memorandum) <br />Whether the County has or does not have a legal obligation to build <br />Storm Grove Road to serve Sand Pines is really a second question that <br />may not need to be answered. The first question to be answered is <br />whether the Board of County Commissioners wants Storm Grove Road <br />constructed to serve Sand Pines. <br />If the answer is yes that the Commission wants to build Storm Grove <br />Road to serve Sand Pines, then whether there is or is not a legal <br />obligation becomes moot. If the answer is no that there is no desire on <br />the part of the Commission to build Storm Grove Road to serve Sand <br />Pines, then whether there is a legal obligation to build the road <br />becomes paramount. <br />53 BOOK PAL 144 <br />November 1, 1994 <br />