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The Chairman CALLED THE QUESTION, and the <br /> Motion carried unanimously . The Board approved and <br /> authorized the Chairman to execute the Satisfaction and <br /> Payment Agreement for Required Improvements with <br /> DiVosta homes , L . P . (for Waterway Village ) . The County <br /> will have 30 days from the date of approval of this <br /> agreement to remit payment to DiVosta, all as stated and <br /> recommended in the memorandum of May 10 , 2011 . <br /> AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD <br /> 13. C. HIRING OUTSIDE COUNSEL TO DEFEND THE COUNTY IN FVP MIAMI <br /> LAKES V. INDIANRIVER COUNTY <br /> Attorney Polackwich , through review of his memorandum of May 10 , 211 , provided <br /> background and analysis on a lawsuit imposed by FVP Miami Lakes (FVP ) against the County . <br /> He explained that FVP has acquired properties formerly owned by Lennar Homes , who had paid <br /> traffic and water/ sewer impact fees , but never developed the properties , and that FVP was <br /> seeking a partial or total refund of the fees . He explained that although the County Attorney ' s <br /> office had been defending this case thus far, at this time , there was need for outside counsel as <br /> the case proceeds to trial in late August 2011 . IIe provided staffs rationale for selecting Murphy <br /> and Walker, Attorneys at Law , as the outside counsel , and requested that the Board authorize <br /> staff to hire Murphy and Walker to defend the County in the FVP Miami Lakes v . IRC case . <br /> Responding to Commissioner Davis ' s remarks about the consequences these types of <br /> impact fee lawsuits might have for the State of Florida , Attorney Polackwich agreed to follow up <br /> with the Florida Association of Counties or other State organizations to see if they can provide <br /> some type of assistance with this matter . <br /> May 17 , 2011 24 <br />