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8.B. CHANGE ORDER No. 1 AND FINAL PAYMENT TO CKA AND <br />ASSOCIATES, INC. FOR THE BAYTREE AND MARBRISA DUNE <br />RESTORATION AND WABASSO BEACH PARK DUNE RESTORATION <br />PROJECTS <br />ON MOTION by Commissioner Solari, SECONDED <br />by Vice Chairman Flescher, the Board unanimously <br />approved: (1) Change Order No. 1 with CKA & <br />Associates, Inc.; (2) application for Payment No. 2, <br />and (3) the release of retainage in the amount of <br />$34,096.31, as recommended in the memorandum of <br />March 2, 2009. <br />CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD <br />8.C. RIGHT-OF-WAY ACQUISITION, BRM, LLC A FLORIDA LIMITED <br />LIABILITY COMPANY, 3900 20TH STREET, 2040 40TH AVENUE, VERO <br />BEACH. FL <br />Attorney DeBraal reported that the County needs to acquire the right-of-way strip <br />along SR 60, owned by BRM, LLC, Managed by Dr. Rick Root. He acknowledged that BRM, <br />LLC had contacted his office requesting to be withdrawn from the contract, claiming that they did <br />not understand that they had the right to severance damages. Staff continued to recommend that <br />the Board approve this matter since Dr. Rick Root circled and initialed the Contract (Para. 8:11) <br />indicating that the seller acknowledged receipt of the "Notice to Owner," and that he understood <br />his rights under Florida Law Chapters 73 and 74. Attorney DeBraal felt that Dr. Root was <br />experienced in these matters, and believed it was a "knowing waiver of any rights" under the <br />6 <br />March 10, 2009 <br />