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A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK WHEREAS , as set forth in the Statement of Intent, the Department contends that the Plan Amendments related to the VOF development are not "in compliance " because they do not discourage the proliferation of urban sprawl and the City has not adequately planned for the public facilities to support the development . Additionally, the Department contends that the Amendment related to the LDMXN land use category is not "in compliance " because it lacks meaningful and predictable standards in its objective and policies and it is inconsistent with statutory requirements for energy efficiency and the reduction of greenhouse gas emissions ; and WHEREAS , pursuant to Section 163 . 3184 ( 10) , Florida Statutes , DCA has initiated the above- styled formal administrative proceeding challenging the Plan Amendments ; and WHEREAS , Fellsmere Joint Venture, LLP , Bernard A . Egan Groves , Inc . , and Fellsmere Estates , LLC have intervened in this proceeding in support of the City; and WHEREAS , Indian River County (County) has intervened in this proceeding in support of the Department; and WHEREAS , the City and Intervenors Fellsmere Joint Venture , LLP , Bernard A . Egan Groves , Inc . , and Fellsmere Estates , LLC dispute the allegations of the Statement of Intent regarding the Amendments ; and WHEREAS , the parties wish to avoid the expense , delay, and uncertainty of lengthy litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their respective mutual best interests to do so ; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties , the receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree as follows : 3