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RESOLUTION NO. 94- 93 <br />Commencement and Progress of Development <br />2.(a). In the event the developer fails to commence significant <br />physical development within three years from the <br />effective date of the Development Order, development <br />approval shall terminate and the development shall be <br />subject to further development -of -regional -impact review <br />by the Treasure Coast Regional Planning Council, <br />Department of Community Affairs, and Indian River County <br />pursuant to Section 380.06, Florida Statutes. For the <br />purposes of this paragraph, construction shall be deemed <br />to have been initiated after placement of permanent <br />evidence of a structure (other than a mobile home) on a <br />site, such as the pouring of slabs or footings or any <br />work beyond the stage of excavation or land clearing. <br />2. (b) . On or before January 19, 1997, the developer shall submit <br />to the county planning division a complete -site plan <br />application for the construction of at least three <br />hundred twenty thousand (320,000) square feet of regional <br />commercial facility (single, enclosed mall building). In <br />the event the developer fails to meet this deadline, <br />development approval shall terminate and the development <br />shall be subject to further development -of -regional - <br />impact review by the Treasure Coast Regional Planning <br />Council, Department of Community Affairs, and Indian <br />River County pursuant to Section 380.06, Florida <br />Statutes. <br />2.(c). No site plan(s) shall be released and no building permit <br />shall be issued for the development of the commercial <br />outparcels or community shopping center ( as referenced in <br />the ADA) until the developer completes (as determined by <br />the county building department) of at least fifty percent <br />(50%) of the structural foundation elements (at, above, <br />and below grade) necessary for the construction at least <br />three hundred twenty thousand (320,000) square feet of <br />regional mall, gross floor area. <br />2•(d)• In the event the developer fails to commence significant <br />physical development of at least three hundred twenty <br />thousand (320,000) square feet of regional mall gross <br />floor area, on or before December 31, 1997, development <br />approval shall terminate and the development shall be <br />subject to further development -of -regional -impact review <br />by the Treasure Coast Regional Planning Council and <br />Indian River County pursuant to Section 380.06, Florida <br />Statutes. The developer shall notify in writing the <br />Treasure Coast Regional Planning Council and Indian River <br />County of the date significant physical development has <br />commenced, and shall specifically identify by reference <br />to an approved site plan the building(s) and area(s) <br />within the initial mall construction phase. For the <br />purpose of this paragraph, significant physical <br />development shall be deemed to have commenced after <br />placement of permanent evidence of a structure (other <br />than a mobile home) on the subject site(s), such as the <br />Pouring of slabs or footings or any permanent work beyond <br />the sage of excavation, land clearing, or earthwork. <br />63 <br />July 199 1994 BOOK 92 F,��� E 958 <br />