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BOOK .;-E F�GL M i b RESOLUTION NO. 98- 34 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA TERMINATING THE DEVELOPMENT ORDER (D.O.) FOR THE DEVELOPMENT OF REGIONAL IMPACT (DRI) KNOWN AS THE HARBOR TOWN CENTER MALL WHEREAS, pursuant to the provisions of Chapter 380 Florida Statutes, the Board of County Commissioners of Indian River County, Florida adopted Resolution No. 89-31A (adopted March 28, 1989) establishing the Development Order (D.O.) approving the Harbor Town Center Mall Development of Regional Impact (DRI); and adopted Resolution No. 89-128 (adopted September 26, 1989), Resolution No. 92-13 (adopted January 28, 1992), Resolution No. 94-1 (adopted January 4, 1994), and Resolution No. 94-68 (adopted May 24, 1994) all of which amended said D.O.; and WHEREAS, the approved D.O. contains conditions (2.a., 2.c.1., and 2.c.2.) that require site planning and development of the project within specific timeframes; and WHEREAS,-'according-to'the D.O., failure to meet the timeframes of these conditions results in termination of development approval; and WHEREAS, specifically, the developer has failed to meet these conditions, as follows: 1. [Condition 2.a.] Failed to submit to the county planning division a complete site plan application for any portion of the project on or before June 30, 1996. 2. [Condition 2.c.1.] Failed to commence any project construction on or before December 31, 1996. 3. [Condition 2.c.2.] Failed to complete all structural foundation elements for at least 320,000 square feet of mall building on or before July 29, 1997; and WHEREAS, since the time that the project was approved another regional mall (Indian River Mall) was approved, site planned, constructed, and occupied elsewhere in the county; and WHEREAS, the subject site is being re -designated and rezoned back to its pre -DRI status of approximately 15 acres commercial and 77.5 acres medium density residential. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that, because the developer has failed to meet specific D.O. conditions and because the D.O. specified that failure to meet those conditions would result in termination of development approval, the D.O. and all previous DRI approval on the subject site is terminated and is null and void. The foregoing resolution was offered by Commissioner Eggert who moved its adoption. The motion was seconded by Commissioner Adams , and upon being put to a vote, the vote was as follows: Chairman John W. Tippin Ave Vice Chairman Kenneth R. Macbt Aye Commissioner Fran B. Adams Aye Commissioner Carolyn K Eggert Aye Commissioner Caroline D. Ginn Aye March 17, 1998 iR