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HomeMy WebLinkAbout2013-064RESOLUTION NO. 2013- 06 A RESOLUTION OF THE BOARD OF COUNTY. COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING TO THE COUNTY ADMINISTRATOR OR DESIGNEE THE AUTHORITY TO EXECUTE TERMINATIONS OF COVENANTS DEFERRING SIDEWALK DEVELOPMENT AND COVENANTS DEFERRING MAINTENANCE SECURITY DEVELOPMENT. WHEREAS, subdivision projects that were platted prior to February 17, 2009, by Code, were allowed to defer sidewalk construction and the posting of security to guarantee sidewalk construction as well as to defer the posting of security to warranty the required road and drainage improvements; and WHEREAS, in instances where developers wished to "mothball" certain areas of their subdivision project for economic reasons, they made application to the County for deferral, and if approved, then executed and recorded in the public records a covenant to defer a designated .area of the subdivision, with the understanding that the lots within the deferral area could not be sold or building permits obtained until security was in place, or, in the case of sidewalks, as an alternative to putting security in place or constructing the sidewalks, a restrictive covenant was recorded making it the responsibility of the lot owner to construct the sidewalk segment before a certificate of RESOLUTION NO. 2013m 064 occupancy could be obtained, thus relieving the developer from further obligation to construct sidewalks; and WHEREAS, when development resumes, and where the developers meet the requirements of taking the deferral areas out of "mothballs" to sell individual lots, time becomes critical for the developer because that the termination of deferral covenants requires Board approval; and WHEREAS, given that the Board of County Commissioners generally does not meet on the last Tuesday of each month, and less frequently during summer months, it is in the best interest of the County and the public to streamline the process of terminating deferral covenants so that the developer can proceed without undue delays and expense; and WHEREAS, the termination (and execution) of standard terminations of deferral covenants is administrative in nature and does not require the attention of the Board; and WHEREAS, Section 101.05.1.q of The Code of Indian River ,County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the above recitals are affirmed, and the County Administrator or designee is hereby delegated authority to execute standard terminations of deferral covenants with respect to sidewalks and maintenance security for road and drainage so long as the respective document bears 2 RESOLUTION NO.2013- 064 approval signatures of the County Attorney or designee, the Public Works Director or designee, and the Budget Director or designee. This resolution was moved for adoption by Commissioner Davis , and the motion was seconded by Commissioner Flescher ,and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Aye Aye Aye Aye Aye The Chairman thereupon declared the resolution _duly passed and adopted this o9 day of July , 2013. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By:WilreMMOOF — Deputy Clerk Approved as to form and legal Suffc' By William K. DeBraal Deputy County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN Rlvc: COUNTY, FLORIDA 3 h E. Flescher, Chairman annnnu.,,..