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and responsible bidder, SPS Contracting, Inc. of Vero <br />Beach, Florida, for $1,435,128.83; (2) approved the <br />Sample Agreement; and (3) authorized the Chairman to <br />execute said Agreement when required performance and <br />payment bonds have been submitted along with <br />appropriate Certificate of Insurance and the County <br />Attorney has approved the agreement as to form and legal <br />sufficiency, as recommended in the memorandum of May <br />7, 2008. <br />AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD <br />13. COUNTY ATTORNEY MATTERS <br />B.A. REPORT ONMENSINGREOUESTTORESaNDRESOLUTIONN0.2OO8- <br />WINA <br />County Attorney William Collins recalled that on May 20, 2008, Douglas Vitunac, <br />Esquire, representing Fred Mensing, had presented arguments for the County to rescind <br />Resolution 2008-043, the acceptance of the implied dedication of a 60 -foot strip right of way in <br />Section 30 of the Fleming Grant Plat of 1888. Attorney Collins, through a recap of the backup <br />memorandum of May 28, 2008, presented legal opinion for his recommendation that the Board <br />retain the Resolution, which was approved on April 22, 2008. He thereafter noted that Mr. <br />Mensing would have a right to sue for adverse possession and discussed what the basis for this <br />would be; however, he believed that it would be difficult for Mr. Mensing to establish adverse <br />possession. <br />34 <br />June 3, 2008 <br />