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F . This Agreement is being entered into pursuant to authority under the County ' s Home Rule Powers , County Codes , and State Statutes , specifically including Florida Statutes Chapter 70 (The Bert . Harris , Jr . , Private Property Rights Protection Act) . G . The parties do not believe that the Settlement ( as defined below) will have the effect of a modification , variance , or a special exception to the application of a rule , regulation , or ordinance , as it would otherwise apply to the Waterway Village real property ( other than possibly the timing of payment of certain impact fees and capacity charges) , or would have the effect of contravening the application of a statute as it would otherwise apply to the Waterway Village real property . However, in an abundance of caution and to facilitate settlement of the Bert Harris Claim, IRC and DiVosta acknowledge and agree that the terms of this Agreement ( i ) shall protect the public interest served by the regulations at issue and is the appropriate relief necessary to prevent the regulatory effort from inordinately burdening the Waterway Village property , and ( ii ) shall protect and benefit the public interest . NOW , THEREFORE , in consideration of the foregoing mutual covenants and agreements contained in this Settlement Agreement and for other good and valuable consideration , the receipt and sufficiency of which are hereby acknowledged , DiVosta and IRC , intending to be legally bound , agree as follows : 1 . Recitals : The recitals set forth above are true and correct and are incorporated herein by reference . 2 . Settlement Terms , DiVosta and IRC have agreed to the amendments to the Development Order and to the Developer ' s Agreement as set forth in Exhibit " A " and Exhibit "B " attached hereto and incorporated herein by this reference , which amendments set forth the settlement between the parties (" Settlement" ) . 3 . ExchanjZe of Settlement Documentation : The parties agree to exchange the following settlement documentation : A . Stipulation of Dismissal with Prejudice of Lawsuit : Counsel for IRC within five ( 5 ) days after the execution and delivery of this Settlement Agreement shall execute a Stipulation for Approval of Settlement Agreement and Dismissal with Prejudice of the Lawsuit against IRC in the form attached hereto as Exhibit " C . " Thereafter , the signed Stipulation for Dismissal With Prejudice of the Lawsuit against IRC shall be sent to counsel for DiVosta who will sign and hold the same in escrow pending the final and non - appealable approval and adoption of ( i ) the Amended and Restated Development Order described in 3 . 13 . below , and ( ii ) the Amended Developer ' s Agreement described in 3 . C . below , whereupon the signed Stipulation shall be filed with the Court along with an Agreed Final Order Approving Settlement Agreement and Dismissing Case , With Prejudice in the form attached hereto as Exhibit " D " , for signature by the Court . If for any reason a final and non - appealable Agreed Final Order Approving Settlement Agreement and Dismissing Case , With Prejudice does not become effective in the attached form or in a form otherwise acceptable to DiVosta and IRC , then the terms of this Settlement Agreement shall become void and ineffective and the parties hereto RM : 6637905 : 11 2