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1994-137
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1994-137
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Last modified
6/18/2019 8:34:51 AM
Creation date
6/18/2019 8:32:45 AM
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Resolutions
Resolution Number
1994-137
Approved Date
10/25/1994
Entity Name
Construction
Subject
Indian River Mall
Area
Indian River Mall
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RESOLUTION NO. 94-_ 37 <br />2.10ILe.) <br />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.®(f.) <br />2.®(g.) <br />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 />With respect to paragraphs 2.®(e). and 2.®(f). <br />above, the following shall apply. In the event that the <br />developer shall be delayed or hindered in or prevented <br />from the performance of any act or requirement under <br />conditions 2.®(e). and 2.(f). of this Development <br />Order by reasons of strikes, lockouts or labor troubles; <br />inability to procure construction materials due to <br />general shortage, government rationing or regulation of <br />labor, materials, equipment, facilities or sources of <br />energy (including, without limitation, electricity, oil <br />or gas); failure of power or transportation; riots, mob <br />violence, sabotage, malicious mischief, insurrection or <br />war; Acts of God, fire, earthquake, flood, hurricane, <br />explosion or other casualty or other reasons of a similar <br />nature beyond the reasonable control of the developer in <br />performing work or doing acts specified under the terms <br />of conditions 2.®(e). and 2.®(f). of this <br />Development Order, then, and in each such event <br />performance of such work or act shall be excused for the <br />period of the delay (including the duration of both the <br />actual delay and any consequential delays resulting <br />therefrom) and an period set forth in conditions <br />2.®(e). and 2. (f). of this Development Order in <br />performance of any such work or act shall be extended for <br />a period equivalent to the period of such delay <br />Coding: Words in ® type are deletions from the existing <br />D.O. Words underlined, except for headings, are additions. <br />3 <br />
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