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1. EFFECTIVENESS OF DEVELOPMENT ORDER <br />Except as specifically amended herein, all conditions <br />specified in the Development Order (Resolution Number 85-128) <br />and subsequent amendments to the Development Order <br />(Resolutions Numbers 86-4, 86-89, 86-108, 87-147, 89-80, 92- <br />68, and 93-88) shall remain in full force and effect and shall <br />apply to and be binding upon the entire 870.97 acre project as <br />described in Exhibit "B". <br />3. HABITAT, VEGETATION AND WILDLIFE <br />a. Condition 16 of Resolution 85-128 is hereby amended to <br />read: <br />Any proposal to construct a dry dock facility that would <br />store, handle or utilize quantities of hazardous <br />materials for boat repair and maintenance shall <br />constitute a substantial deviation of the Development <br />Order. <br />4. Condition 17 of Resolution 85-128 as subsequently amended by <br />Resolution 86-108 is hereby amended to read: <br />Marina development shall be restricted to the existing marina <br />basin, as shown on the Master Site Plan. The maximum number <br />os slips to be accommodated shall be a total of three hundred <br />forty-four (344). All 344 slips shall be restricted to use by <br />pleasure boats with drafts of six feet or less. An exception <br />to the pleasure boat restriction may be made to accommodate a <br />Florida Marine Patrol boat and/or an Indian River County <br />Sheriff's Department boat or boat of any other law enforcement <br />agency, or emergency services department boats during an <br />emergency. Two hundred seventy-two (272) OF THE 344 slips <br />shall be restricted to use by sailboats at all times <br />(hurricane conditions excepted). The restrictions shall be <br />provided for in the form of an agreement which shall be <br />legally binding on any owner, lessor, lessee, renter or user <br />of restricted slips. Restricted slips shall be visibly marked <br />as restricted to sailboats only, it_ order to make monitoring <br />of compliance with this condition easier. <br />The development order may be changed so that additional slips <br />may be released from the above "sailboat only" restriction if <br />the following occur: <br />a) an Indian River County Manatee Protection Plan is <br />approved by the Florida Department of Environmental <br />Protection, and the Governor and Cabinet; and <br />b) all marking of waterways and enforcement elements of the <br />approved Indian River County Manatee Protection Plan have <br />been implemented; and <br />c) concurrence has been obtained from the Department of <br />Environmental Protection Office of Protected Species or <br />its successor that the change proposed to the development <br />order would be consistent with the approved Indian River <br />County Manatee Protection Plan; and <br />d) concurrence has been obtained from the United States Fish <br />and Wildlife Service that the change proposed to the <br />development order is not likely to jeopardize the <br />continued existence of the West Indian Manatee; and <br />e) it has been determined by Treasure Coast Regional <br />Planning Council and the Florida Department of Community <br />Affairs that the change proposed would not adversely <br />impact neighboring jurisdictions and is consistent with <br />