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g. The Proposed Changes do not unreasonably interfere with <br />the achievement of the objectives of the adopted State <br />Land Development Plan applicable to the area; and <br />h. A11 statutory procedures and procedures required by <br />agency rule have been adhered to; and <br />i. All Findings of Fact and Conclusions of Law made in the <br />Development Order are incorporated herein by reference, <br />provided however, that to the extent that a finding of <br />fact or conclusion of law in the original Development <br />Order, or any amendments thereto, conflicts with another <br />finding or conclusion in a different amendment, the more <br />recent in time shall control. <br />2. The Development Order is hereby amended to revise Conditions <br />39, 41, 42, and 44 of the Development Order to establish the <br />responsibilities for design, rights-of-way acquisition, <br />permitting, construction, and the required roadway <br />improvements scheduling under the Developer Order; to amend <br />and restate Finding of Fact 5 of the Development Order to <br />recognize that the revisions to Conditions 39, 41, 42, and 44 <br />will satisfy initial concurrency transportation requirements; <br />and to include a new legal description of the real property <br />subject to the Development Order in order to correct a <br />scrivener's error in the original approved legal description, <br />all as more particularly described in the Notification of <br />Change (the "Proposed Changes"). This Notification of Change <br />is attached hereto and incorporated herein as Exhibit "1". <br />Accordingly, the Proposed Changes are hereby approved, subject <br />to the terms and conditions herein, and the Development Order <br />is hereby amended to incorporate the Notification of Change as <br />follows: <br />a. Conditions 39, 41, 42, and 44 are amended and restated in <br />their entirety as set forth in Exhibit "3" attached <br />hereto and incorporated herein. <br />b. Finding of Fact 5 is amended and restated in its entirety <br />as follows: <br />5. The conditional concurrency requirements for <br />drainage, solid waste, water, wastewater, <br />recreation, and transportation have been met under <br />the Indian River County Concurrency Management <br />System. Subject to county approval of a local <br />agreement for transportation impact fees and <br />credits (which agreement shall not diminish the <br />obligations and responsibilities of the parties <br />herein), and subject to the traffic monitoring <br />conditions in this Development Order (as amended), <br />the road improvements contained in Conditions 39, <br />41, 42, and 44 as amended and presented in Exhibit <br />"3" attached to and incorporated in the second <br />amendment to this Development Order, will satisfy <br />the initial concurrency transportation requirements <br />of the Indian River County Concurrency Management <br />System through buildout of the Development <br />(December 31, 1999) as stated in this development <br />order, and as may be amended. <br />c. The legal description of the real property which is the <br />subject of the Development is hereby amended to correct <br />a scrivener's error and to incorporate the revised legal <br />description for the Development, attached hereto and <br />incorporated herein as Exhibit "4". <br />3. The Development Order is hereby reaffirmed in its entirety <br />except as amended by this Resolution. <br />3 <br />