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2010-074
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2010-074
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Last modified
1/7/2016 4:50:44 PM
Creation date
10/1/2015 2:06:26 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/16/2010
Control Number
2010-074
Agenda Item Number
13.A.
Entity Name
Fellsmere Estates LLC Stipulated Settlement Agreement
Subject
Fellsmere Joint Venture, Fellsmere Community Affairs
Bernard A Egan Groves, Inc.
Fellsmere Estates, LLC.
Supplemental fields
SmeadsoftID
9617
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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> Revision portion of the Plan Update is consistent with the Plan Update as a whole , and if the <br /> Plan Update as a whole is in compliance , then the Department will issue a cumulative Notice of <br /> Intent to find the Plan Update including the VoF in compliance . <br /> 7 . Dismissal . If the Plan Update , including the VoF Revision is adopted by the City <br /> and found in compliance , then the Department will file the cumulative Notice of Intent with <br /> DOAH, along with a Motion to Relinquish Jurisdiction to the Department so that the Department <br /> can enter a Final Order dismissing this proceeding . All parties to this Agreement hereby concur <br /> with this procedure and agree to join in the Motion . If after the adoption of the Plan Update any <br /> actions are necessary to repeal any remaining conflicting portions of the Plan Amendments , the <br /> City shall undertake the appropriate actions . <br /> 8 . Retention of Right to Final Hearing . Both parties hereby retain the right to have a <br /> final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this <br /> Agreement shall be deemed a waiver of such right . Any party to this Agreement may move to <br /> have this matter set for hearing if it becomes apparent that any other party whose action is <br /> required by this Agreement is not proceeding in good faith to take that action . <br /> 9 . Filing and Continuance . This Agreement shall be filed with DOAH by the <br /> Department after execution by the parties . Upon the filing of this Agreement, the administrative <br /> proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with <br /> Section 163 . 3184( 16) (b) , Florida Statutes , <br /> 10 . Purpose of this Agreement , Not Establishing Precedent . The parties enter into <br /> this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and <br /> unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of <br /> disputes arising out of or related to the Plan Amendments . The acceptance of proposals for <br /> 6 <br />
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