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eooK 97 PAGE 773 Vice Chairman Eggert interjected that it wouldn't necessarily be the County's need, it would be acknowledging a developer's need. Attorney O'Brien thought that was our position, that we're recognizing the developer's need and, traditionally developers can rely on paving the "paper streets". In this instance, it's complicated by the railroad crossing, which, under the recommendation, the County would use their good offices to effectuate that change. In response to Vice Chairman Eggert, Attorney O'Brien gave his opinion on what would occur if the Board chose Alterative 1. Attorney Chuck McKinnon, 3405 Ocean Drive,. representing Hawk's Nest Golf Club, Inc., cited Paragraph 2 *of the Developer's Agreement. He requested that the Board determine that there is not a current County need for the construction of Storm Grove Road. He recounted the findings by Metropolitan Planning Organization and County staff that there is not currently a need for construction of Storm Grove Road. He wished to make it clear that the developer had once owned all of Hawk's Nest Club and the subject site. That developer is now complaining it has become landlocked, a result of its own actions because of the way it transferred the property. Attorney McKinnon asked that the Board find that there is no current County need for Storm Grove Road, to tell Vero Sand Pines that when they go forward with a site plan they may use Storm Grove Road for access and the County will do what is necessary to help them work with FEC. He requested the Board not assign the Developer's Agreement. Commissioner Bird was certain that Mr. McKinnon realized that if the Board does those things, moves the railroad crossing and builds the road, then Hawk's Nest will have the obligation to re- align their entrance road, move their gate house, and incur other expenses. Attorney McKinnon indicated those expenses would be tough on his clients, but they are not taking the position to deny someone else access to their property. They just do not want to have the contract assigned. Commissioner Bird thought the least expensive alternative might be to leave the railroad crossing where it is now, leave the entrance road as it is now and somehow enhance/expand this 24' right-of-way in spite of some physical constraints. He did not know if it would be possible. 46 April 9, 1996