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RESOLUTION NO. 92-_13 <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 c. I., <br />above) for the building(s) and area(s) specifically <br />identified by the developer as the initial mall <br />construction phase. In the event the developer fails to <br />complete construction within the prescribed deadlines, <br />then, after at least 10 calendar days notice to the <br />developer, the County may, upon hearing, revoke the mall <br />site plan approval. <br />3. 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 c.l., 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 with 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 />4. With respect to paragraphs 2.c.2 and 2.c.3. above, the <br />following shall apply. In the event that the developer <br />shall be delayed or hindered in or prevented from the <br />performance or any act or requirement under conditions <br />2.c.2. and 2.c.3 of this Development Order by reasons of <br />strikes, lockouts or labor troubles; inability to procure <br />due to general shortage, government rationing or <br />regulation of labor, materials, equipment, facilities or <br />sources of energy (including, without limitation, <br />electricity, oil or gas); failure of power or <br />transportation; riots, mob violence, sabotage, malicious <br />mischief, insurrection or war; Acts of God, fire, <br />earthquake, flood, hurricane, explosion or other casualty <br />or other reason of a similar nature beyond the reasonable <br />control of the developer in performing work or doing acts <br />specified under the terms of conditions 2.c.2 and 2.c.3 <br />of this 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 any period set forth in conditions 2.c.2 <br />and 2.c.3 of the Development Order in performance of any <br />such work or act shall be extended for a period <br />equivalent to the period of such delay (including the <br />duration of both the actual delay and any consequential <br />delays resulting therefrom). <br />5. The developer hereby covenants with the County that, in <br />the event that the Mall Development Order is terminated, <br />no plans to develop commercial uses on the Mall site <br />shall be submitted or approved for a period of at least <br />nine (9) months after Development Order termination. The <br />purpose of this covenant is to give the County the <br />ability to reconsider the land use designation and zoning <br />of the site in the event that Mall Development Order is <br />terminated. The County in its discretion may waive this <br />provision. <br />Coding: Words in ® type are deletions from existing law. <br />Words underlined are additions. 3 <br />