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Attorney Polackwich suggested staff meet with Mr. Nelson, ELS, and the Countryside <br />North Homeowners Association to obtain all existing agreements with respect to utilities, after <br />which he would review the documents and provide legal opinion to the Board. <br />Further discussion occurred regarding the legal issues of putting the MOU into abeyance <br />until the County Attorney has examined the documents. <br />Staff advised that there was some concern about the homeowners having potable water at <br />this time, and said the MOU could be followed temporarily, and later amended, if necessary. <br />Attorney Polackwich pointed out that much seems to have been done in reliance upon the <br />MOU, and the Board needed to consider whether the action of not performing the agreement <br />would cause potential damages to somebody. <br />MOTION WAS AMENDED by Commissioner Davis, <br />SECONDED by Commissioner Flescher, to direct the <br />County Attorney to review the Memorandum of <br />Understanding (MOU) between Indian River County <br />Utilities and Equity Lifestyles Properties, Inc. for MHC <br />Countryside North LLC, as approved on March 2, 2010, <br />and any other prior agreements regarding utilities at <br />Countryside North Mobile Home Park to: (1) ascertain the <br />legality of the MOU, and (2) whether it would be <br />appropriate from a legal standpoint to not perform the <br />MOU; and to return with legal opinion to the Board, after <br />which a policy decision would be made on whether the <br />County would read and bill for the water meters at <br />Countryside North Mobile Home Park. <br />17 <br />March 16, 2010 <br />