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RESOLUTION NO.98- 61 CONCLUSIONS OF LAW NOW,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,in a public meeting,duly constituted and assembled this 2"d day of June, 1998, that the Horizon Outlet Center Development of Regional Impact Application for Development Approval submitted by Horizon/Glen Outlet Centers Limited Partnerships is hereby APPROVED, subject to the following conditions,restrictions,and limitations: Application for D v to m nt Rproyai I. The Horizon Outlet Center Application for Development Approval is incorporated herein by reference. It is relied upon,but not to the exclusion of other available information,by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval, as modified by Development Order conditions,is a condition for approval. For the purpose of this condition,the Application for Development Approval shall include the following items: a. Application for Development Approval dated December 17, 1996;and b. Supplemental information dated August 15, 1997 and December 1, 1997. " Commencement and Progress of Development 2. In the event the developer fails, within three years from the effective date of the Development Order, to commence significant physical development beyond the development in existence on the approval date of the Development Order,development approval shall terminate and the development shall be subject to further development-of- regional-impact review by the Treasure Coast Regional Planning Council,Department of Community Affairs,and Indian River County pursuant to Section 380.06,Florida Statutes. For the purposes of this paragraph,construction shall be deemed to have been initiated after placement of permanent evidence of a structure(other than a mobile home)on a site,such as the pouring of slabs or footings or any work beyond the stage of excavation or land clearing,or construction of a permanent access road. Phimmina 3. The phasing of the development is approved as follows: Phase I consists of the +/-333,089 square feet of retail building area and associated development existing as of the approval date of this development order. Phase II consists of all remaining development, with build-out by December 31, 2002, unless otherwise amended pursuant to the conditions of this development order and Florida statutes 380.06. Termination Date 4. This Development Order shall expire on December 31,2009, Transfer of An royal 5. Notice of transfer of all or a portion of the subject property shall be filed with the Indian Raver 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 Development Order. The intent of this 2