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Waterway Village, a Development of Regional Impact, <br />including, without limitation, claims under the Bert J. <br />Harris, Jr., Private Property Rights Protection Act; making <br />certain findings; approving settlement documents; and <br />providing for an effective date upon court approval. <br />Commissioners O'Bryan, Davis, and Solari presented brief commentary in support of the <br />Motion. <br />Attorney Polackwich confirmed with the Chairman that the Motion was to approve the <br />entire settlement package, including the Amended Developer's Agreement with the unbundled <br />impact fees. He noted that the settlement is contingent upon court approval, which staff would <br />now move forward to seek. <br />The Chairman CALLED THE QUESTION and the <br />Motion carried unanimously. The Board: (1) determined <br />that the request does not constitute a substantial deviation; <br />(2) approved Resolution 2010-037, making findings of <br />fact and conclusions of law pertaining to Waterway <br />Village, a Development of Regional Impact, and <br />constituting this resolution as an amended and restated <br />Development Order by Indian River County in compliance <br />with law; providing for an effective date and providing a <br />termination date; (3) approved the Amended Developer's <br />Agreement with DiVosta Homes, L.P., for Waterway <br />Village; and (4) approved Resolution 2010-038, <br />approving the settlement of a lawsuit and claims relating <br />to Waterway Village, a Development of Regional Impact, <br />including, without limitation, claims under the Bert J. <br />Harris, Jr., Private Property Rights Protection Act; making <br />14 <br />May 11, 2010 <br />