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Board of County Commissioners Meeting Minutes - Final November 13, 2018 <br />Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner <br />Flescher, and Commissioner Zorc <br />13. COUNTY ATTORNEY MATTERS <br />13.A. 18-2489 Second Addendum to Agreement between Indian River County and <br />REDEVGROUP, Inc. <br />Recommended Action: Staff recommends the Board of County Commissioners approve the Second <br />Addendum to Agreement between Indian River County and REDEVGROUP, Inc., <br />and authorize the Chairman to execute the Second Addendum on behalf of the <br />Board. <br />Attachments: Staff Report <br />Aareement <br />Aerial Photo <br />First Addendum to Amend Agreement <br />Second Addendum to Aareement <br />[This item was heard following Item 10.0 LPublic Notice Items and is placed here <br />for consistency.] <br />Deputy County Attorney Bill DeBraal summarized key points of the previously <br />approved agreement between the County and developer REDEVGROUP, Inc. The <br />agreement stated that the County would lift a conservation easement on Indian <br />River Mall Lot 5 in exchange for receipt of alternate conservation land (portions of <br />the Kinner and Siew parcels), and special development restrictions on Lot 5. <br />REDEVGROUP approached the County with a request for an addendum which <br />would modify the sequence of events listed in the original agreement in order to <br />avert a possible challenge to the Title of Lot 5. <br />In response to questions from the Board, attorney for REDEVGROUP Bruce <br />Barkett provided further details on the nature of the potential title challenge. He <br />explained that the addendum poses no risk to the County because the County would <br />receive ownership of the Kinner and Siew parcels regardless of the outcome of the <br />title dispute. <br />Commissioner Zorc received further information from Attorney Barkett regarding <br />access to Lot 5. <br />A motion was made by Vice Chairman Solari, seconded by Commissioner Flescher, <br />to approve staff's recommendation. The motion carried by the following vote: <br />Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner <br />Flescher. and Commissioner Zorc <br />Indian River County Florida Page 16 <br />