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EXHIBIT D TO SETTLEMENT AGREEMENT <br />IN THE CIRCUIT COURT OF THE 19th <br />JUDICIAL CIRCUIT, IN AND FOR <br />INDIAN RIVER COUNTY, FLORIDA <br />CASE NO. 20070109 CA 19 <br />DIVOSTA HOMES, L.P., a foreign <br />limited partnership, and its general <br />partner, DIVOSTA HOMES HOLDINGS, <br />L.L.C, a foreign limited liability <br />company, <br />Plaintiffs, <br />v. <br />INDIAN RIVER COUNTY, a political <br />subdivision of the state of Florida, <br />Defendant. <br />AGREED FINAL ORDER APPROVING SETTLEMENT AGREEMENT <br />AND DISMISSING CASE, WITH PREJUDICE <br />THIS CAUSE having come before the Court upon the Parties' Stipulation for Approval of <br />Settlement Agreement and Dismissal with Prejudice and the Court having otherwise been duly <br />advised in the premises, it is hereupon: <br />CONSIDERED, ORDERED AND ADJUDGED that: <br />1. That the Parties' Stipulation be and the same is hereby accepted and approved by this <br />Court, and the terms of said Stipulation are incorporated herein by reference. <br />2. That the Parties' Settlement Agreement be and the same is hereby approved by this <br />Court and made a part of this Final Order by reference. <br />3. That the Court specifically finds that the relief set forth in the Settlement Agreement <br />protects the public interest served by the regulations and statutes at issue, and is the appropriate <br />relief necessary to prevent the governmental regulatory effort from inordinately burdening the <br />Waterway Village real property, all as set forth more fully in the Settlement Agreement. <br />RM:6637905:11 <br />