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RESOLUTION NO. 94- 137 <br />FINDINGS OF FACTS <br />1. The following Findings of Fact are made: <br />a. The amendments to the Development Order, as included <br />herein, and the Stipulated Settlement Agreement, attached <br />hereto as Exhibit "1", have been considered by the Board <br />of County Commissioners at a duly noticed public hearing <br />held on October 25, 1994, pursuant to Subsection 380.06, <br />Florida Statutes. <br />b. The amendments to the Development Order, as included <br />herein, do not create a change to a previously approved <br />DRI constituting a substantial deviation under the <br />provisions of Subsection 380.06(19), Florida Statutes. <br />C. The Board of County Commissioners has approved and <br />executed the Stipulated Settlement Agreement, a copy of <br />which is attached hereto as Exhibit "1", and made a part <br />hereof. <br />d. The amendments to the Development Order, as included <br />herein, implement the Stipulated Settlement Agreement for <br />the compromise and settlement of disputed claims and to <br />avoid the expense and uncertainty of litigation. <br />e. All statutory procedures and procedures required by <br />agency rule have been adhered to. <br />f. All Findings of Fact and Conclusions of Law made in the <br />Development Order are incorporated herein by reference. <br />2. The original Development Order is hereby reaffirmed in its <br />entirety except as amended by this Resolution. <br />3. This Resolution amending the original Development Order shall <br />become effective upon final approval of the comprehensive plan <br />amendment associated with the project. <br />4. The Developer shall record a notice of adoption of this <br />modification to the adopted Development Order in accordance <br />with Subsection 380.06(15)(f), Florida Statutes. <br />5. Upon adoption, this Resolution shall be transmitted by the Ex <br />Officio Clerk to the Board of County Commissioners, by <br />certified mail, to DCA, the Treasure Coast Regional Planning <br />Council, the Developer, and any other recipients specified by <br />statute or rule. <br />The foregoing resolution was offered by Commissioner <br />Faaprt and the motion was seconded by Commissioner <br />Adams, and, upon being put to a vote, the vote was as <br />follows: <br />Chairman John W. Tippin Aye <br />Vice Chairman Ken Macht Aye <br />Commissioner Fran B. Adams Aye <br />Commissioner Richard N. Bird Aye <br />Commissioner Carolyn K. Eggert Ave <br />Coding: Words in ® type are deletions from the existing <br />D.O. Words underlined, except for headings, are additions. <br />5 <br />