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1 � <br /> EXHIBIT A. TO SETTLEMENT AGREEMENT <br /> RESOLUTION a. 0P-42010- <br /> A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN, <br /> RIVER COUNTY, FLORIDA, MAKING FINDINGS OF FACT AND CONCLUSIONS <br /> OF LAW PERTAINING TO WATERWAY VILLAGE , A DEVELOPMENT OF <br /> REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS AN <br /> AMENDED AND RESTATED -A DEVELOPMENT ORDER BY INDIAN RIVER <br /> COUNTY IN COMPLIANCE WITH LAW; PROVIDING FOR AN EFFECTIVE DATE <br /> AND PROVIDING A TERMINATION DATE , <br /> FPQ-I�LGFMDINGS OF FACT <br /> WHEREAS , DiVosta and Company ( "DiVosta" ) has filed a Development of Regional <br /> Impact Application for Development Approval "ADA" in accordance <br /> with Section 380 . 06 Florida Statutes ; and <br /> WHEREAS , the applicant proposes to construct 1 , 596 residential dwelling units , <br /> community recreation improvements , and up to 20 , 000 square feet of <br /> neighborhood commercial uses together constituting a Development of <br /> Regional Impact on real property legally described in Exhibit "A" attached <br /> hereto and located in Indian River County, Florida ; and <br /> WHEREAS , on DiVosta filed a Notification of Proposed Change to an <br /> Approved Development of Regional Impact ( "NOPC " ) reauestin >7 <br /> amendments to the Development Order for Waterway Villa e and <br /> WHEREAS , the Board of County Commissioners as the governing body of Indian <br /> River County having jurisdiction, pursuant to Chapter 380 , Florida <br /> Statutes , is authorized and empowered to consider Applications for <br /> Development Approval for Developments of Regional Impact; and <br /> Notifications of Proposed Change to an Approved Development of <br /> Regional Impact : and <br /> WHEREAS , the Board of County Commissioners on the 9t" day of November. 2004 <br /> held a duly noticed public hearing on the Development of Regional Impact <br /> Application for Development Approval and on the day of i <br /> 2010 held a duly noticed public hearing on the NOPC and heard and <br /> considered the testimony taken at the hearings Wit : and <br /> WHEREAS , it has been determined that the following findings of fact pertain to the <br /> Waterway Village development of regional impact : <br /> (a) The proposed development is not in an area of critical state <br /> concern designation, pursuant to the provisions of Section 380 . 06 , <br /> Florida Statutes ; <br /> RM : 7375429 : 1 <br /> sExhibit 2 <br /> 1 <br />