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13. COUNTY ATTORNEY MATTERS <br />13.A. REIMBURSEMENT TO DEVELOPER PURSUANT TO PROPOSED SECOND <br />AMENDMENT TO A GREEMENT FOR CONSTRUCTION OF OFF-SITE <br />UTILITIES (WOODSIDE TUSCANY/FIELDSTONE RANCH) <br />County Attorney Alan S. Polackwich, Sr. recapped the memorandum of December 8 <br />2010 to provide background and conditions pertaining to a proposed second amendment to the <br />original agreement between the County and Woodside Tuscany, LLC, for the installation of a <br />water line along the north side of 77th Street from the northwest corner of 58th Avenue and 77th <br />Street to the west property line of Tuscany Lakes Subdivision. He explained that the name of the <br />original developer was changed from Woodside Tuscany, LLC to Woodside Fieldstone Ranch, <br />LLC, and that the current developer, GHO Homes Corporation, is the entity entitled to receive <br />the reimbursement of $115,608.59, which is due on or before January 31St, 2011. He thereafter <br />recommended that the Board approve the Second Amendment to Agreement between Indian <br />River County, Florida and GHO Homes Corporation. <br />Attorney Polackwich, with input from Director of Utilities Erik Olson, addressed the <br />Commissioners' questions about future developments connecting to the water line, and if the <br />process whereby developers install the water facilities and receive reimbursement by the County <br />will remain in effect. <br />ON MOTION by Commissioner Davis, SECONDED by <br />Commissioner Flescher the Board unanimously approved <br />and authorized the Chairman to execute the Second <br />Amendment to Agreement with GHO Homes Corporation, <br />as recommended in the memorandum of December 8, <br />2010. <br />AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD <br />December 14, 2010 13 <br />