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_I <br />J u L 191994 RESOLUTION NO. 94-93 BOOK 912 Plalwb <br />Florida Department of Community Affairs, the Florida <br />Department of Environmental Protection, the South Florida <br />Water Management District, and such additional parties as <br />may be appropriate or required by law; <br />j. A copy of any recorded notice of the adoption of a <br />Development Order or the subsequent modification of an <br />adopted Development Order that was recorded by the <br />developer pursuant to Subsection 380.06(15), Florida <br />Statutes; and, <br />k. Any other information requested by the Board of County <br />Commissioners of Indian River County or the Indian River <br />Community Development Director to be included in the <br />annual report. <br />4. The definitions found in Chapter 380, Florida Statutes, shall <br />apply to this Development Order. <br />5. Indian River County hereby agrees that prior to July 19, 2014 <br />the Indian River Mall Development of Regional Impact shall not <br />be subject to down zoning, unit density reduction, or <br />intensity reduction, except as outlined in Condition 2.(a). <br />through 2.(h). of this Development Order, unless the County <br />demonstrates that substantial changes in the conditions <br />underlying the approval of the Development Order have <br />occurred, or that the Development Order was based on <br />substantially inaccurate information provided by the <br />developer, or that the change is clearly established by Indian <br />River County to be essential to the public health, safety, or <br />welfare. <br />6. This Development Order shall be binding upon the developer and <br />its assignees or successors in interest. It is understood <br />that any reference herein to any governmental agency shall be <br />construed to mean any future instrumentality which may be <br />created and designated as successor in interest to, or which <br />otherwise possesses any of the powers and duties of any <br />referenced government agency in existence on the effective <br />date of this Development Order. <br />7. The approval granted by this Development Order is conditional <br />and shall not be construed to obviate the duty of the <br />developer to comply with all other applicable local, state, <br />and federal permitting requirements. <br />8. In the event that any portion or section of this Development <br />Order is deemed to be invalid, illegal, or unconstitutional by <br />a court of competent jurisdiction, then this development shall <br />be required to obtain a substantial deviation determination. <br />9. This Development Order shall become effective upon final <br />approval of the comprehensive plan amendment associated with <br />the project. <br />10. Certified copies of this Development Order shall be <br />transmitted immediately by certified mail to the Department of <br />Community Affairs, the Treasure Coast Regional Planning <br />Council, and Edward J. DeBartolo Corporation. <br />80 <br />