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F. This Agreement is being entered into pursuant to authority under the County's Home <br />Rule Powers, County Codes, and State Statutes, specifically including Florida Statutes Chapter 70 <br />(The Bert J. Harris, Jr., Private Property Rights Protection Act). <br />G. The parties do not believe that the Settlement (as defined below) will have the effect <br />of a modification, variance, or a special exception to the application of a rule, regulation, or <br />ordinance, as it would otherwise apply to the Waterway Village real property (other than possibly <br />the timing of payment of certain impact fees and capacity charges), or would have the effect of <br />contravening the application of a statute as it would otherwise apply to the Waterway Village real <br />property. However, in an abundance of caution and to facilitate settlement of the Bert Harris Claim, <br />IRC and DiVosta acknowledge and agree that the terms of this Agreement (i) shall protect the public <br />interest served by the regulations at issue and is the appropriate relief necessary to prevent the <br />regulatory effort from inordinately burdening the Waterway Village property, and (ii) shall protect <br />and benefit the public interest. <br />NOW, THEREFORE, in consideration of the foregoing mutual covenants and agreements <br />contained in this Settlement Agreement and for other good and valuable consideration, the receipt <br />and sufficiency of which are hereby acknowledged, DiVosta and IRC, intending to be legally bound, <br />agree as follows: <br />1. Recitals: The recitals set forth above are true and correct and are incorporated herein <br />by reference. <br />2. Settlement Terms: DiVosta and IRC have agreed to the amendments to the <br />Development Order and to the Developer's Agreement as set forth in Exhibit "A" and Exhibit "B" <br />attached hereto and incorporated herein by this reference, which amendments set forth the settlement <br />between the parties ("Settlement"). <br />3. Exchange of Settlement Documentation: The parties agree to exchange the <br />following settlement documentation: <br />RM:6637905:11 <br />A. Stipulation of Dismissal with Prejudice of Lawsuit: Counsel for IRC within <br />five (5) days after the execution and delivery of this Settlement Agreement shall <br />execute a Stipulation for Approval of Settlement Agreement and Dismissal with <br />Prejudice of the Lawsuit against IRC in the form attached hereto as Exhibit "C." <br />Thereafter, the signed Stipulation for Dismissal With Prejudice of the Lawsuit <br />against IRC shall be sent to counsel for DiVosta who will sign and hold the same <br />in escrow pending the final and non -appealable approval and adoption of (i) the <br />Amended and Restated Development Order described in 3.B. below, and (ii) the <br />Amended Developer's Agreement described in 3.C. below, whereupon the signed <br />Stipulation shall be filed with the Court along with an Agreed Final Order <br />Approving Settlement Agreement and Dismissing Case, With Prejudice in the <br />form attached hereto as Exhibit "D", for signature by the Court. If for any reason <br />a final and non -appealable Agreed Final Order Approving Settlement Agreement <br />and Dismissing Case, With Prejudice does not become effective in the attached <br />form or in a form otherwise acceptable to DiVosta and IRC, then the terms of this <br />Settlement Agreement shall become void and ineffective and the parties hereto <br />2 <br />