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t' <br />3 <br />Development Order to the Florida Land and Water Adjudicatory <br />Commission; and <br />WHEREAS, the Department is the state land planning agency with <br />the duty and responsibility of administering and enforcing the <br />provisions of Chapter 380, Florida Statutes, the Florida <br />Environmental Land and Water Management Act of 1972 ("The Act"), <br />and the rules and regulations promulgated thereunder, which include <br />statutory and rule provisions relating to developments of regional <br />impact; and <br />WHEREAS, pursuant to Section 380.032(3), Florida Statutes, the <br />Department is authorized to enter into agreements with any <br />landowner, developer or other governmental agency as may be <br />necessary to effectuate the provisions and purposes of The Act or <br />any rules promulgated thereunder; and <br />WHEREAS, the parties hereto wish to avoid the expense, delay <br />and uncertainty of litigation regarding the Indian River Mall DRI <br />and resolve the above -styled Development Order appeal and related <br />issues under the terms and conditions set forth herein; and it is <br />in their best interests to do so; and <br />WHEREAS, the Department finds that this Agreement is in the <br />best interest of the state and is necessary to effectuate the <br />provisions and purposes of Chapter 380, Florida Statutes. <br />NOW, THEREFORE, in consideration of the mutual promises and <br />conditions contained herein, the receipt and sufficiency of which <br />are hereby acknowledged, the parties hereto agree as follows: <br />1. Recitals. The above recitals are incorporated herein and <br />2 <br />