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Additional building permits shall not be issued until: a) a <br />new project .phasing program and roadway expansion program <br />necessary to maintain acceptable levels of service for gthe <br />remainder of the development has been approved by Indian River <br />County, Florida Department of Transportation, Department of <br />Community Affairs, and Treasure Coast Regional Planning <br />Council in consultation with the City of Vero Beach; and b) <br />the Development Order has been amended to reflect the new <br />phasing program and set of additional roadway expansions. <br />The project site plan(s) shall incorporate vehicular and <br />pedestrian interconnections between commercial sites within <br />the project area and adjacent to the project area, in <br />accordance with the county's land development regulations. <br />The County recognizes that in order for the developer to meet <br />the requirements of the transportation section of this <br />Development Order it may be necessary for the developer to <br />acquire road right-of-way which is currently under private <br />ownership. Upon written request by the developer, the County <br />agrees to file a petition in eminent domain as is necessary to <br />exercise its power of eminent domain to acquire such right-of- <br />way, subject to a court finding of proper public purpose and <br />public necessity. Should a court enter an order finding no <br />public purpose or public necessity, and the transportation <br />conditions contained herein cannot be satisfied, the developer <br />must file for and obtain modification(s) to the development <br />order to ensure satisfaction of applicable transportation <br />level of service standards. No further building permits or <br />Certificates of Occupancy shall be issued until such <br />Development Order modification(s) are approved. No settlement <br />prior to jury award shall occur without the prior approval of <br />the developer. All attorney's fees, expert fees, and costs <br />associated with the County's exercise of its power of eminent <br />domain, including compensation to land owners, shall be borne <br />by the developer. <br />u\a%s\.xhiblt3.irs <br />CODING: Blocked -out wording is to be deleted. Words underlined <br />are additions. <br />13 <br />