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Attorney Polackwich observed that the draft settlement documents represent a <br />compromise between DiVosta's position that they are fully vested and staff's position that they <br />are not vested at all. He explained that a DRI is subject to special laws, and that since the <br />applicant has presented a Bert Harris claim and there are mechanisms under Bert Harris law to <br />reach a settlement which may not neatly fit within existing code, he believed the Board has the <br />legal authority to reach a conclusion in the middle. <br />The Chairman opened the Public Hearing. <br />Commissioner O'Bryan and staff responded to questions and comments from Tom <br />Norman, 4955 Eleuthra Circle, Waterway Village, regarding the 53rd Street improvements. <br />Bruce Barkett, Esquire, representing DiVosta Homes, L.P., invited questions from the <br />Board. None were forthcoming <br />There being no further speakers, the Chairman closed the Public Hearing. <br />MOTION WAS MADE by Vice Chairman Solari, <br />SECONDED by Commissioner Davis, to (1) determine <br />that the request does not constitute a substantial deviation; <br />(2) approve Resolution 2010-037, making findings of <br />fact and conclusions of law pertaining to Waterway <br />Village, a Development of Regional Impact, and <br />constituting this resolution as an amended and restated <br />Development Order by Indian River County in compliance <br />with law; providing for an effective date and providing a <br />termination date; (3) approve the Amended Developer's <br />Agreement with DiVosta Homes, L.P., for Waterway <br />Village; (4) and approve Resolution 2010-038, approving <br />the settlement of a lawsuit and claims relating to <br />13 <br />May 11, 2010 <br />