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33 4 Frj RESOLUTION NO. 89 - k. Any other information requested by the County rr z Commission of Indian River County or the planning director to be included in the annual report. 4 The definitions found in Chapter 380, Florida Statues, shall apply to this Development Order. 5. Indian River County hereby agrees that prior to December 31, 1993 the Harbor Town Center Development of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, except as outlined in Condition 2 of this Development Order, or unless the County demonstrates that substan- tial changes in the conditions underlying the approval of the Development Order have occurred, or that the Development Order was based on substantially inaccurate information provided by the developer, or that the change is clearly established by Indian River County to be essential to the public health, safety, or welfare., 6. This Development Order shall be binding upon the devel- oper and its assignees or successors in interest. It is under- stood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced government agency in existence on the effective date of this Development Order. 7. The approval granted by this Development Order is conditional and shall not be construed to obviate the duty of the developer to comply with all other applicable local, State, and federal permitting requirements. B. In the event that any portion or section of this Devel- opment Order is deemed to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Develop- ment Order, which shall remain in full force and effect. 9. In accordance with Florida Statute Section 380.06(5)(c), -24-