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• - 0 RESOLUTION NO. 98-__U Commencement and Progress of Development 2. In the event the developer fails, within three years from the effective date of the Development Order, to commence significant physical development beyond the development in existence on the approval date of the Development Order, development approval shall terminate and the development shall be subject to further development -of - regional -impact review by the Treasure Coast Regional Planning Council, Department of Community Affairs, and Indian River County pursuant to Section 380.06, Florida Statutes. For the purposes of this paragraph, construction shall be deemed to have been initiated after placement of permanent evidence of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation or land clearing, or construction of a permanent access road. 3. The phasing of the development is approved as follows: Phase I consists of the +/-333,089 square feet of retail building area and associated development existing as of the approval date of this development order. Phase II consists of all remaining development, with build -out by December 31, 2002, unless otherwise amended pursuant to the conditions of this development order and Florida statutes 380.06. 4. This Development Order shall expire on December 31, 2009. Transfer of ApFroval 5. Notice of transfer of all or a portion of the subject property shall be filed with the Indian River County Board of County Commissioners. Prior to transfer, the transferee shall assume in writing on a form acceptable to the County Attorney, any and all applicable commitments, responsibilities, and obligations pursuant to the Development Order. The intent of this provision is to ensure that subsequent property transfers do not jeopardize the unified control, responsibilities, and obligations required of the project as a whole. Annual Report 6. The annual report required by subsection 380.06(18), Florida Statutes, shall be submitted each year to Indian River County, the Treasure Coast Regional Planning Council, the Florida Department of Environmental Protection, the Florida Department of Transportation, the St. Johns River Water Management District and such additional parties as may be appropriate or required by law. The contents of the report shall include those items required by this D.O. and Rule 9J-2.024, Florida Administrative Code. The Indian River County community development director shall be the local official assigned the responsibility for monitoring the development and enforcing the terms of the D.O. 7. The annual report shall be submitted each year on the anniversary date of the adoption of the D.O. W= H 8. Any modification or deviation from the approved plans or requirements of this D.O. shall be made according to and processed in compliance with the requirements of Section 380.06(19), Florida Statutes and Rule 9J-2, Florida Administrative Code. 9. The definitions found in Chapter 380, Florida Statutes shall apply to this D.O. 10. Reference herein to any governmental agency shall be construed to mean any future instrumentality that may be created or designated as a successor in interest to, or which otherwise possesses the powers and duties to any referenced governmental agency in existence on the effective date of this D.O. 11. This D.O. shall be binding upon the developer and its assignees or successors in interest. JUNE 291998 -48-