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BOOK 92 PAGE 959 <br />RESOLUTION NO. 94- 93 <br />2.(e). The developer hereby covenants with the county that, in <br />the event that the Mall Development Order is terminated, <br />no plans to develop commercial uses on the Mall site <br />shall be submitted or approved for a period of at least <br />nine (9) months after Development Order termination. The <br />purpose of this covenant is to give the county the <br />ability to reconsider 'the land use designation and zoning <br />of the site in the event that Mall Development Order is <br />terminated. <br />2.(f). The developer shall complete (as determined by the county <br />building department) all structural foundation elements <br />(at, above, or below grade) for at least three hundred <br />twenty thousand (320,000) square feet of regional <br />commercial facility (mall) gross building area, within <br />two hundred ten (210) days of the commencement date as <br />noticed by the developer to the Treasure Coast Regional <br />Planning Council and Indian River County (reference <br />2.(d)., above) for the building(s) and area(s) <br />specifically identified by the developer as the initial <br />mall construction phase. In the event the developer <br />fails to complete construction within the prescribed <br />deadlines, then, after at least 10 calendar days notice <br />to the developer, the County may, upon hearing, revoke <br />the mall site plan approval. <br />2.(g). The developer shall complete "shell" construction of the <br />initial mall construction phase within twenty-four (24) <br />months from the commencement date as noticed by the <br />developer to the Treasure Coast Regional Planning Council <br />and Indian River County (reference 2.(d)., above) for the <br />area(s) specifically identified by the developer as the <br />initial mall construction phase. In the event the <br />developer fails to complete construction within the <br />prescribed deadlines, then, after at- least 10 calendar <br />days notice to the developer, the County may, upon <br />hearing, revoke the mall site plan approval. For <br />purposes of this paragraph, "complete shell construction" <br />is defined as completion of the building foundation, <br />roofing, and exterior walls as depicted within the <br />approved building permit plans, as verified by the county <br />building department upon inspection of the building site. <br />2.(h). With respect to paragraphs 2.(f). and 2.(g). above, the <br />following shall apply. In the event that the developer <br />shall be delayed or hindered in or prevented from the <br />performance of any act or requirement under conditions <br />2. (f ) . and 2. (g) . of this Development Order by reasons of <br />strikes, lockouts or labor troubles; inability to procure <br />construction materials due to general shortage, <br />government rationing or regulation of labor, materials, <br />equipment, facilities or sources of energy (including, <br />without limitation, electricity, oil or gas); failure of <br />power or transportation; riots, mob violence, sabotage, <br />malicious mischief, insurrection or war; Acts of God, <br />fire, earthquake, flood, hurricane, explosion or other <br />casualty or other reasons of a similar nature beyond the <br />reasonable control of the developer in performing work or <br />doing acts specified under the terms of conditions 2.(f). <br />and 2.(g). of this Development Order, then, and in each <br />such event performance of such work or act shall be <br />64 <br />July 199 1994 <br />