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RESOLUTION 2010- 037 Buildout Date 4. This Project shall have a buildout date of December 31, 2024, unless otherwise amended pursuant to the conditions of this DO and Section 380.06, Florida Statutes. Termination Date 5. This DO shall expire on December 31, 2024. Transfer of Approval 6. Notice of Transfer of all or a portion of the subject property shall be filed with the Indian River County Board of County Commissioners. Prior to transfer, the transferee shall assume in writing, on a form acceptable to the County Attorney, any and all applicable commitments, responsibilities, and obligations pursuant to the DO. The intent of this Provision is to ensure that subsequent property transfers do not jeopardize the unified control, responsibilities, and obligations required of the project as a whole. Annual Report 7. The annual report required by subsection 380.06(18), Florida Statutes, shall be submitted each year on the anniversary date of the adoption of the DO to Indian River County, the Council, the Florida Department Environmental Protection, the Florida Department of Transportation, the St Johns River Water Management District and such additional parties as may be appropriate or required by law. The contents of the report shall include those items required by this DO and Rule 9J-2.025(7), FAC. The Indian River County community development director shall be the local official assigned the responsibility for monitoring the development and enforcing the terms of the DO. General Provisions 8. Any modifications or deviation from the approved plans or requirements of this DO shall be made according to and processed in compliance with the requirements of Section 380.06(19), Florida Statutes and Rule 9J-2, FAC. 9. The definitions found in Chapter 380, Florida Statutes shall apply to this DO. 10. Reference herein to any governmental agency shall be construed to mean any future instrumentality that may be created or designated as a successor in interest to, or which otherwise possesses the powers and duties of any referenced governmental agency in existence on the effective date of this DO. 11. This DO shall be binding upon the developer and its assignees or successors in interest. MASTER DEVELOPMENT PLAN (Conceptual PD Plan) 12. The Master Development Plan for Waterway Village DRI shall be attached as Exhibit "B" and considered binding, subject to Paragraph 3.c. The master development plan provides for a mix F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\waterway Village.DOC 4