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RESOLUTION =' ! 2010 - <br /> Effective Date of Amendments <br /> The amendments set forth in this Amended and Restated Development Order (as <br /> coin red to the original Development Order Resolution 2004- 137) ( collectively <br /> "Development Order Amendments " ) are part of a ' settlement ( " Settlement' of certain <br /> claims asserted by DiVosta, including without limitation claims set forth in that Luul 41,1 Lrt <br /> Qlll <br /> complaint filed in the Circuit Court, Indian River County, Florida. styled DiVo to <br /> Homes . L . P . . et al v_Indian River County Florida - case # 2007010 CA 19 ( 'Lawsuit " ) <br /> and claims presented under the Bert J. Han-is , Jr. . Private Property Rights Protection Act <br /> (collectively . " Claims ") . The ten-ns--of the Settlement of the Claims are set forth in the <br /> Development Order Amendments the Developer ' s A Oreement Amendments+ � defined <br /> a <br /> - - Developer- - - - - � � � >_1uv11uui411iD 1 4J LLG1111GU <br /> in the Amended Developer ' s Agreement executed by the parties at or about the time of <br /> adoption of this Amended and Restated Developmen Order) , and a Settlement <br /> Agreement also executed by the parties at or about the time of adoption of this Amended <br /> and Restated Development Order ( collectively " Settlement Documents "1 rn an <br /> 111 U11 <br /> abundance of caution, the parties have elected to seek Circuit Court approval in the <br /> Lawsuit of the Settlement and Settlement Documents The Settleinot and Settlement <br /> Documents shall be effective as of the date of Circuit - Cotu-t approval , and conclusion of <br /> all appeals , if any. If. for any rea on. a final Circuit Court approval of the Settlement and <br /> the Settlement Documents is not obtained then the Settlement and the Settlement <br /> Documents shall be null and void . <br /> RM : 7375429 : 1 <br /> 27 <br />