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EXHIBIT A TO SETTLEMENT AGREEMENT <br />RESOLUTION 20092010- <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 />FINDINGFINDINGS 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") requesting <br />amendments to the Development Order for Waterway Village; 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 9`h 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 <br />2010 held a duly noticed public hearing on the NOPC and heard and <br />considered the testimony taken at the hearings thereat; and <br />WHEREAS, it has been determined that the following findings of fact pertain to the <br />Waterway Village development of regional impact: <br />RM: 7375429: 1 <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 />48Exhibit 2 <br />