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BOOK 97 PAGE 775 . Nest agreed to be bound by the Developer's Agreement and pledged security to fulfill their obligations under the agreement. He felt it was important to note that the O'Neill parcel of land was the subject of an eminent domain proceeding by the County in 1977, to achieve a right-of-way to link US #1 to the proposed railroad crossing at 57th Street. At that time, the court determined there was a public need for Storm Grove Road. He felt these factors, taken together, require the County to determine that there is a need for Storm Grove Road. He believed the Board should inform Hawk's Nest to begin construction of a road within the 1 -year time period specified in the agreement. He contended that the County had agreed in 1985 to construct the railroad crossing and that the County should live up to its agreement. He maintained that an assignment was an attempt to shift the responsibility from building the crossing from the County to the developer. Whether the developer would accept that assignment would be determined later, since there are 21 partners. Robert Cairns, of 25 W. Colonial Drive, Orlando, and Vero Beach, told of his involvement in the property since 1971 and the sale of a portion of it to Hawk's Nest. He described the access road that was retained as a driveway merely to allow him to take a jeep in and out. He was of the opinion that there was clear access to the property and there should be no problem. But, now, Hawk's Nest does not want to pave the road and Vero Sand Pines wants to develop and has submitted a preliminary site plan. He advised that as soon as they have access to the property, they plan to proceed full scale with the development. He asked that the Board provide the access through the Developer's Agreement. Commissioner Bird asked for Mr. Cairns reaction to Alternative 3 recommended by staff. Mr. Cairns clarified that he is the managing partner for Vero Sand Pines which consists of 21 individuals; 4 partnerships are involved. He can sign for the 4 partnerships, but he answers to them and they have to approve his actions. In the past, he has seen that when a road is started by a developer, it usually is a credit against impact fees. If there was such an agreement, they would agree to look at it to see if they could work it out. While he would need to get approval from the partnerships, he felt they would like to work it out. 48 April 9, 1996 � � r