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RESOLUTION 2_0492010 - <br />Effective Date of Amendments <br />The amendments set forth in this Amended and Restated Development Order (as <br />compared to the ori•inal Develo•ment Order. Resolution 2004-137) (collective) <br />"Develo • ment Order Amendments") are Hart of a settlement ("Settlement" of certain <br />claims asserted b DiVosta includinm. without limitation claims set forth in that certain <br />complaint filed in the Circuit Court. Indian River County, Florida, st led DiVosta <br />Homes, L.P., et al v. Indian River County, Florida, case # 2007_0109 CA 19j'Lawsuit") <br />and claims •resented under the Bert J. Harris Jr. Private Pro • ert Ri • hts Protection Act <br />(collectively "Claims"1 The terms of the Settlement of the Claims are set forth in the <br />Develo ment Order Amendments the Develo er's A•reement Amendments as defined <br />in the Amended Develo • er's A • reement. executed by the .arties at or about the time of <br />adoption of this Amended and Restated Develo•ment Order) and a Settlement <br />A reement also executed b the •arties at or about the time of ado •tion of this Amended <br />and Restated Development Order coilectivel "Settlement Documents"). In an <br />abundance of caution, the parties have elected to seek Circuit Court approval in the <br />Lawsuit of the Settlement and Settlement Documents. The Settlement and Settlement <br />Documents shall be effective as of the date of Circuit Court approval, and conclusion of <br />all a., �,al if any. If for any reason a final Circuit Court a. 'royal of the Settlement and <br />the Settlement Documents is not obtained, then the Settlement and the Settlement <br />Documents shall be null and void. <br />RM: 7375429: 1 <br />27 <br />