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BOOK W PAGE 63 <br />RESOLUTION NO. 94-137 <br />"Commencement and Progress of Development <br />2.(a). 11 The developer ' • shall commence <br />significant physical development within two years <br />from the effective date of the Development Order, unless <br />such timeframe is modified by the Board of County <br />Commissioners, as part of a development agreement, to <br />extend the deadline "to commence significant physical <br />development to three (3) years from the effective date of <br />the DeveloDment Order. In the event the Developer fails <br />to meet the deadline, development approval snal..l <br />terminate and the development shall be subject to further <br />development -of -regional -impact review by the Treasure <br />Coast Regional Planning Council, Department of Community <br />Affairs, and Indian River County pursuant to Section <br />380.06, Florida Statutes. For the purposes of this <br />paragraph, construction shall be deemed to have been. <br />initiated after placement of permanent "evidence'- of- a <br />structure (other than a mobile home) on a site, such as <br />the pouring of slabs or footings or any work beyond the <br />stage of excavation or land clearing. <br />2•(b)• or • - January 19, 199T Within eighteen (18) months <br />from the effective date of the Development Order, the <br />developer shall submit to the county planning division a <br />complete site plan application for the construction of at <br />least three hundred twenty thousand (320,000) square feet <br />of regional commercial facility (single, enclosed mall <br />building) unless such timeframe is modified by the Board <br />of County Commissioners, as part of a development <br />agreement, to extend the deadline to submit such a <br />complete site plan application to thirty (30) months from <br />the effective date of the Development_ Order. In the <br />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) at least fifty percent <br />(50%) of the structural foundation elements (at, above, <br />and below grade) necessary for the construction of at <br />least three hundred twenty thousand (320,000) square feet <br />of 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 - . December •• ,within the <br />timeframe setforth in Daraaraph 2.(a.), above, <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 and Indian__River County pursuant to Section <br />380.06, Florida Statutes. The developer shall notify in <br />writing the Treasure Coast Regional Planning Council and <br />Indian River County of the date significant physical <br />development has commenced, and shall specifically <br />identify by reference to an approved site plan the <br />68 <br />October 25, 1994 <br />M W M <br />