Laserfiche WebLink
RESOLUTION 2010- 037 <br />1 1. the number of school age children living within the project (every other <br />report); <br />12. dedications of sites, right-of-way, easements, and improvements to public <br />entities. <br />Effective Date of Amendments <br />The amendments set forth in this Amended and Restated Development Order (as compared to the <br />original Development Order, Resolution 2004-137) (collectively "Development Order <br />Amendments") are part of a settlement ("Settlement") of certain claims asserted by DiVosta, <br />including, without limitation, claims set forth in that certain complaint filed in the Circuit Court, <br />Indian River County, Florida, styled DiVosta Homes, L.P., et al v. Indian River County, Florida, <br />case # 20070109 CA 19 ("Lawsuit") and claims presented under the Bert J. Harris, Jr., Private <br />Property Rights Protection Act (collectively "Claims"). The terms of the Settlement of the Claims <br />are set forth in the Development Order Amendments, the Developer's Agreement Amendments (as <br />defined in the Amended Developer's Agreement, executed by the parties at or about the time of <br />adoption of this Amended and Restated Development Order), and a Settlement Agreement also <br />executed by the parties at or about the time of adoption of this Amended and Restated Development <br />Order (collectively "Settlement Documents"). In an abundance of caution, the parties have elected <br />to seek Circuit Court approval in the Lawsuit of the Settlement and Settlement Documents. The <br />Settlement and Settlement Documents shall be effective as of the date of Circuit Court approval, <br />and conclusion of all appeals, if any. If, for any reason, a final Circuit Court approval of the <br />Settlement and the Settlement Documents is not obtained, then the Settlement and the Settlement <br />Documents shall be null and void. <br />PASSED AND ADOPTED on this 11th day of May <br />resolution was offered by Commissioner <br />seconded by Commissioner Da v <br />Chairman Peter D. O'Biyan <br />Vice -Chairman Bob Solari <br />Commissioner Gary C. Wheeler <br />Commissioner Wesley S. Davis <br />Commissioner Joseph E. Flescher <br />Solari. <br />, and upon being put to a <br />Aye <br />, 2010. The foregoing <br />and the motion was <br />vote, the vote was as follows: <br />Aye <br />Aye <br />Aye <br />Aye <br />The Chairman thereupon declared the resolution duly passed and adopted this 11 th day of <br />May , 2010. <br />F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC <br />21 <br />