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AGENCY FINAL ORDER

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STATE OF FLORIDA

LAND AND WATER ADJUDICATORY COMMISSION

IN RE: DEVELOPMENT ORDER AMENDMENT ISSUED BY LEE COUNTY,

FLORIDA, ON DECEMBER 20, 1989, CASE No. APP-90-004 AMENDING DEVELOPMENT ORDER #1-8384-36 CASE No. APP-90-005 FOR A DEVELOPMENT OF REGIONAL CASE No. APP-90-006

IMPACT (DRI) KNOWN AS GATEWAY DOAH Case No. 90-2636DRI

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FINAL ORDER

This matter came before the Governor and Cabinet, sitting as the Florida Land and Water Adjudicatory Commission (the "Commission") at a duly noticed meeting on May 28, 1991, in Tallahassee, Florida, for the Commission's consideration by joint motion of all parties of a Settlement Stipulation and Agreement (Stipulation) entered into by all four parties to this appeal. After consideration, the Commission agreed to enter this Final Order incorporating by reference, without change, the entire Stipulation of the parties.

This Final Order includes incorporation of the following, as agreed by the parties:

1. The Commission adopts the Stipulated Final Amended Development Order attached to the Stipulation and incorporated herein by reference.

   
   

2. The Commission adopts and incorporates herein by reference the Findings of Fact and Conclusions of Law of the Recommended Order of the Division of Administrative Hearings Hearing Officer in these proceedings dated January 14, 1991, which shall be deemed amended to the extent it is inconsistent with the specific provisions of the Stipulated Final Amended Development Order attached to the Stipulation. The text of the Recommended order is deemed amended to incorporate the Exceptions filed in this proceeding by the Department of Community Affairs. In the case of any conflict between the Stipulated Final Amended Development Order and the Recommended Order, the specific provisions of the Stipulated Final Amended Development Order shall control.

   
   

3. All parties have waived any right to appeal or otherwise challenge this Final Order on any ground in any forum. The parties have further agreed that any future amendments to the Gateway DRI Development Order or any Area Master Plan Development Order shall be consistent with this Final order.

   
   

4. Westinghouse Gateway Communities, Inc., and Lee County have waived disposition by the Commission of their Exceptions to the

   Recommended Order. However, the Recommended Order is deemed amended to make clerical corrections set forth in Exhibit B to Lee County's Exception.

   
   

5. Lee County shall record, in the public records of Lee County, Florida, this Final Order and the Stipulated Final Amended Development Order attached to the Stipulation.

   
   

6. The Gateway DRI Development Order rendered by Lee County on January 4, 1990, which is the subject of these proceedings, is superseded in its entirety by the Stipulated Final Amended Development Order attached to the Stipulation.

   
   

7. Each party to this proceeding shall bear its own costs, including attorneys' fees.

WHEREFORE, the Stipulation of the parties is adopted and incorporated into this Final Order as set forth above and these proceedings are concluded fully and finally, with prejudice.

DONE AND ENTERED this 31 day of May , 1991.

D0UGLAS N. COOK, Secretary Florida Land and Water Adjudicatory Commission

FILED with the clerk of the Florida Land and Water Adjudicatory

Commission this 31 day of May, 1991.

KELLY A. TUCKER

Florida Land and Water Adjudicatory Commission

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was

delivered to the following parties by U.S. Mail this 31 1991.

day of May

D0UGLAS M. COOK, Secretary Florida Land and Water Adjudicatory Commission

Honorable Lawton Chiles Honorable Jim Smith

Governor Secretary of State

The Capitol The Capitol

Tallahassee, Florida 32399 Tallahassee, Florida 32399

Honorable Gerald Lewis Honorable Tom Gallagher

Comptroller Treasurer

The Capitol The Capitol

Tallahassee, Florida 32399 Tallahassee, Florida 32399

Honorable Bob Butterworth Honorable Betty Castor Attorney General Commissioner of Education

The Capitol The Capitol

Tallahassee, Florida 32399 Tallahassee, Florida 32399

Honorable Bob Crawford David Maloney, Esquire Commissioner of Agriculture Governor's Legal Office The Capitol The Capitol, Room 209 Tallahassee, Florida 32399 Tallahassee, Florida 32399

Sherry Spiers, Esquire Charles Siemon, Esquire Department of Community Affairs 2 East Camino Real

2740 Centerview Drive Boca Raton, Florida 33432 Tallahassee, Florida 32399-2100

Peter Doragh, Esquire David Bruner, Esquire

11691 Gateway Boulevard 1114-B North Collier Boulevard Fort Myers, Florida 33913 Marco Island, Florida 33937

Gary Sams, Esquire Wayne Daltry, Director Elizabeth Bowman, Esquire Southwest Florida Regional Post Office Box 6526 Planning Council Tallahassee, Florida 32314 Post Office Box 3455

Fort Myers, Florida 33918

James Yeager, Esquire George Saunders, Trustee

1831 Hendry Street 2030 MacGregor Boulevard Fort Myers, Florida 33901 Fort Myers, Florida 33918

John Aurell, Esquire Florida Admin. Law Report Aurell, Raddy, Himkle and Thomas Post Office Box 385

101 North Monroe Street Gainesville, Florida 32602 Monroe-Park Tower, Suite 1000

Tallahassee, Florida 32302

Neil Montgomery, Esquire Charles Bigelow, Chairman Pavese and Gardner Lee County Board of

Post Office Drawer 1507 County Commissioners Fort Myers, Florida 33902 Post Office Box 398

Fort Myers, Florida

Docket for Case No: 90-002636DRI

Orders for Case No: 90-002636DRI