Subject:
Title
Authorization to file suit against Zon Living Concepts LLC, Zon Living Concepts II LLC, and such principals, subsidiaries, affiliates, successors, and assigns as may be appropriate. (District 4)
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Fiscal Impact:
Estimated $15,000 in litigation costs
Dept/Office:
Utility Services
Requested Action:
Recommendation
It is requested that the Board of County Commissioners authorize the County Attorney's Office to file suit, where warranted, against Zon Living Concepts LLC, Zon Living Concepts II LLC, and such principals, subsidiaries, affiliates, successors, and assigns as may be appropriate.
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Summary Explanation and Background:
Zon Independent Living Facility (ILF) is an assisted living facility located at the northwest corner of Banana River Drive and South Patrick Drive, Indian Harbor Beach, Florida (Exhibit A). Brevard County owns and operates the wastewater system for this area. Zon ILF developed a vacant portion of their parcel which included existing force mains and gravity sewer within the site. See Exhibit B for existing permanent utility easements dedicated to Brevard County within the above-mentioned site.
Throughout the engineering review and construction of the above-mentioned site expansion, Brevard County expressed that the location of site improvements proposed would conflict with either the County's wastewater system or its easements. See Exhibit C for locations within the site illustrating each of the County's utility conflicts. The conflicts were noted and provided to the developer and engineer via Accela comments, emails, and letters. See Exhibit D for communication between the County and the Developer and Engineer of Record. The conflict is of concern to the Utility Services Department as the Zon ILF expansion impairs the County's ability to maintain and repair several locations of the wastewater system within the site. Exhibit E shows the adjacent developments to the Zon ILF site and the impact to not only the Zo...
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