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12.1.2. AMENDMENT No. 3 TO DEVELOPER AGREEMENT BETWEEN INDIAN RIVER <br />COUNTY AND POINTE WEST OF VERO BEACH, LIMITED PARTNERSHIP <br />Public Works Director Christopher Mora reviewed the memorandum of March 11, 2010, <br />to present staff's recommendation to approve Pointe West of Vero Beach's request for <br />Amendment No. 3 to the original Developer's Agreement between Pointe West and the County. <br />He stated the third amendment would provide a credit to Pointe West for the following four <br />items essential to the construction of 16th Street: <br />1) Temporary construction easements necessary for the construction of 16th Street <br />2) Right -of -Way near the intersection of 16th Street and 74th Avenue <br />3) Drainage easement for treatment of stormwater runoff from 16th Street <br />4) Golf course interruption due to drainage pipe construction <br />MOTION WAS MADE by Commissioner Davis, <br />SECONDED by Commissioner Flescher, to approve <br />staff's recommendation. <br />Discussion ensued, wherein Board members questioned staff on the terms and intent of <br />the original Developer's Agreement, which was negotiated in 1999. <br />Commissioner Wheeler presented arguments opposing Amendment 3, which included his <br />objection to paying $100,000 for the drainage easement which Pointe West had agreed to at no <br />cost in 1999, and the $1,500 for the golf course interruption. <br />Attorney Polackwich gave a brief review of the original contract. He divulged that the <br />1999 Agreement had given the County the general right to drain into the parcels depicted on the <br />plat, but no specific drainage easements had been delineated. <br />17 <br />April 6, 2010 <br />