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13. COUNTY ATTORNEY MATTERS 3:54 A. Settlement with the Guarantee Company of North America USA on behalf of p.m. H&D Construction Co., Inc. (memorandum dated December 29 2014)--------------------------------------------------------187-195-- ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Flescher, by a 4-0 vote (Commissioner Zorc absent), the Board approved the Settlement Agreement with The Guarantee Company of North America USA for completion of Egret Marsh Stormwater Management Facility, and authorized the Chairman to execute the Settlement Agreement payment in the amount of $262,676.30, to The Guarantee Company of North America USA in full and final settlement of all claims arising from the County claim on the bond. 3:54 B. Restrictive Covenant on Disney Cattle Dip Property— State Road 510 p.m. -(memorandum-dated December 29, 2014)--------------------------------------------------------196-203-- Deputy Attorney DeBraal explained the restriction of use for ground water on the 1.67-acre Disney cattle dip property, and recommended the Board approve the Declaration of Restrictive Covenant, which would satisfy the requirements of the Florida Department of Environmental Protection (FDEP). ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, by a 4-0 vote (Commissioner Zorc absent), the Board approved and authorized the Chairman to execute the Declaration of Restrictive Covenant with the Florida Department of Environmental Protection. 3:57 C. City of Vero Beach — Indian River Shores — Indian River County Mediation p.m. Update (memorandum dated December 30, 2014) 204-205 -------------------------------------------------------------------------------------------------------------------------- Attorney Reingold recapped his memorandum providing the most current information regarding the City of Vero Beach (City), Town of Indian River Shores (Town), and Indian River County (County) mediation. Based on their discussions, staff came up with an Interim Mediation Agreement that: (1) the Town will abate its lawsuit until March 3, 2015; (2) the City will continue all efforts to decrease the rates; (3) the Town and the County will have the opportunity to evaluate options for future providers of electricity, which includes the ability to speak with Florida Power and Light (FPL) and issue Request for Proposals (RFP); (4) the City will ask the Orlando Utilities Commission (OUC), the Florida Municipal Power Agency (FMPA), the bond holders, and the like, to consent to allow the Town and County to attend mediation meetings or negotiations that occur over the next two months; and (5) the County will proceed forward with its petition before the Public Service Commission (PSC) on February 3, 2015. Board of County Commission Minutes January 6,2015 Page 12