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EXHIBIT D TO SETTLEMENT AGREEMENT <br /> IN THE CIRCUIT COURT OF THE 19th <br /> JUDICIAL CIRCUIT, IN AND FOR <br /> INDIAN RIVER COUNTY, FLORIDA <br /> CASE N0 . 20070109 CA19 <br /> DIVOSTA HOMES , L . P . , a foreign <br /> limited partnership, and its general <br /> partner, DIVOSTA HOMES HOLDINGS , <br /> L . L . C , a foreign limited liability <br /> company, <br /> Plaintiffs , <br /> V . <br /> INDIAN RIVER COUNTY, a political <br /> subdivision of the state of Florida, <br /> Defendant . <br /> AGREED FINAL ORDER APPROVING SETTLEMENT AGREEMENT <br /> AND DISMISSING CASE, WITH PREJUDICE <br /> THIS CAUSE having come before the Court upon the Parties ' Stipulation for Approval of <br /> Settlement Agreement and Dismissal with Prejudice and the Court having otherwise been duly <br /> advised in the premises , it is hereupon : <br /> CONSIDERED , ORDERED AND ADJUDGED that : <br /> 1 . That the Parties ' Stipulation be and the same is hereby accepted and approved by this <br /> Court, and the terms of said Stipulation are incorporated herein by reference . <br /> 2 . That the Parties ' Settlement Agreement be and the same is hereby approved by this <br /> Court and made a part of this Final Order by reference . <br /> 3 . That the Court specifically finds that the relief set forth in the Settlement Agreement <br /> protects the public interest served by the regulations and statutes at issue, and is the appropriate <br /> relief necessary to prevent the governmental regulatory effort from inordinately burdening the <br /> Waterway Village real property, all as set forth more fully in the Settlement Agreement. <br /> RM : 663 7905 : 11 <br />