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RESOLUTION 2004- 137 <br />Buildout Date <br />4. This Project shall have a buildout date of December 31, 2012, unless. otherwise amended <br />pursuant to the conditions of this DO and Section 380.06, Florida Statutes. <br />Termination Date <br />5. This DO shall expire on December 31, 2024. <br />Transfer of Approval <br />6. Notice of transfer of all or a portion of the subject property shall be filed with the Indian River <br />County Board of County Commissioners. Prior to transfer, the transferee shall assume in <br />writing, on a form acceptable to the County Attorney, any and all applicable commitments, <br />responsibilities, and obligations pursuant to the DO. The intent of this Provision is to ensure <br />that subsequent property transfers do not jeopardize the unified control, responsibilities, and <br />obligations required of the project as a whole. <br />Annual Report <br />7. The annual report required by subsection 380.06(18), Florida Statutes, shall be submitted each <br />year on the anniversary date of the adoption of the DO to Indian River County, the Council, the <br />Florida Department of Environmental Protection, the Florida Department of Transportation, the <br />St. Johns River Water Management District and such additional parties as may be appropriate or <br />required by law. The contents of the report shall include those items required by this DO and <br />Rule 9J-2.025(7), FAC. The Indian River County community development director shall be the <br />local official assigned the responsibility for monitoring the development and enforcing the terms <br />of the DO. <br />General Provisions <br />8. Any modifications or deviation from the approved plans or requirements of this D.O. shall be <br />made according to and processed in compliance with the requirements of Section 380.06(19), <br />Florida Statutes and Rule 9J-2, FAC. <br />9. The definitions found in Chapter 380, Florida Statutes shall apply to this DO. <br />10. Reference herein to any governmental agency shall be construed to mean any future <br />instrumentality that may be created or designated as a successor in interest to, or which <br />otherwise possesses the powers and duties of any referenced governmental agency in existence <br />on the effective date of this DO. <br />11. This DO shall be.binding upon the developer and its assignees or successors in interest. <br />FACommunity Development\Users\CurDevNRESOLUTION\2004 Resolutions\Waterway Village Resoluation 2004-.rtf 3 <br />