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3 <br />STATE OF FLORIDA <br />LAND AND WATER ADJUDICATORY COMMISSION <br />DEPARTMENT OF COMMUNITY AFFAIRS, <br />Petitioner, <br />V. <br />DeBARTOLO REALTY PARTNERSHIP, <br />LTD.,a` Delaware Limited <br />Partnership, Owner; DeBARTOLO <br />PROPERTIES MANAGEMENT,"INC., <br />an Ohio corporation, Developer; <br />and INDIAN RIVER COUNTY, FLORIDA, <br />Respondents. <br />Case No. APP -94-081 <br />STIPULATED SETTLEMENT AGREEMENT <br />THIS AGREEMENT ("Agreement") is entered into by and among <br />DEBARTOLO REALTY PARTNERSHIP, LTD., Owner, DEBARTOLO PROPERTIES <br />MANAGEMENT, INC., Developer, INDIAN RIVER COUNTY, Florida, a <br />Political subdivision of the State of Florida, and the DEPARTMENT <br />OF COMMUNITY AFFAIRS ("Department" or "DCA"). <br />W I T N E S S E T H• <br />WHEREAS, DeBartolo Realty Partnership, Ltd. is the owner and <br />DeBartolo Properties Management, Inc. is the developer, of real <br />property located in Indian River County on which is proposed to be <br />developed a Development of Regional Impact ("DRI") known as Indian <br />River Mall; and <br />WHEREAS, on July 19, 1994, Indian River County issued <br />Resolution no. 94-93 granting development approval for the Indian <br />River Mall DRI (the "Development Order"); and <br />WHEREAS, on September 2, 1994, pursuant to Section 380.07, <br />Florida Statutes, the Department filed a timely appeal of the <br />1 <br />