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(3) Upon finalization of 1 and 2 above, the parties will file a joint stipulation for dismissal of all <br />litigation, including Bert Harris claims, with prejudice, with each party bearing its own attorney <br />fees and costs. <br />FINDINGS <br />(1) A genuine dispute as to traffic concurrency vesting requirements exists; <br />(2) Indian River County Code Sections 910.07(1)(e) and 910.08(2)(b) allows 7 -year vesting if <br />major capacity producing transportation improvements are committed to by developers <br />agreement; <br />(3) DiVosta will commit to advance DO timeframes for construction of 53rd Street and 58th <br />Avenue 4-laning by virtue of this agreement; <br />(4) DCA Declaratory Statement, Case No. 91 -DS -8 advises if DO addresses vesting it is <br />controlling; and <br />(5) These settlement terms are consistent with existing state and local law, all as recommended <br />in the memorandum of July 15, 2009. <br />Chairman Davis, upon noticing the Boy Scouts from Troop 578 in the audience, asked <br />Scout Master Ben Pillow to introduce himself and his troop, as they were working to earn their <br />Citizenship and Community Merit Badge by attending a local government meeting. <br />The Chairman called a break at 10:57 a. m., and reconvened the meeting at 11:10 a.m., <br />with all members present. <br />32 <br />July 21, 2009 <br />