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RESOLUTION NO. 98- 61 e. An assessment, listing the developer's and local government's compliance with each of the conditions of approval contained in this Development Order and the commitments specified in the Application for Development Approval and summarized in the Regional Planning Council Assessment for the development undertaken; This assessment shall include a list of each Development Order condition number and a corresponding statement regarding the status of compliance with that condition. f. Any request for a substantial deviation determination that was filed in the reporting year or is anticipated to be filed during the next year, g. An indication of a change, if any, in local government jurisdiction for any portion of the development since the Development Order was issued; h. A list of significant local, state, and federal permits which have been obtained or which are pending by agency, type of permit, permit number, and purpose of each; i. The annual report shall be transmitted to Indian River County, the Treasure Coast Regional Planning Council, the Florida Department of Community Affairs, the Florida Department of Environmental Protection, the South Florida Water Management District, and such additional parties as may be appropriate or required by law; j. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the developer pursuant to Subsection 380.06(15), Florida Statutes; and, k. Any other information requested by the Board of County Commissioners of Indian River County or the Indian River Community Development Director to be included in the annual report. 4. The definitions found in Chapter 380, Florida Statutes, shall apply to this Development Order. 5. Indian River County hereby agrees that prior to December 31, 2009 the Horizon Outlet Center Development of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the County demonstrates that substantial 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 developer and its assignees or successors in interest. It is understood 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. — 8. In the event that any portion or section of this Development Order is deemed to be invalid, illegal, or unconstitutional by a court ofcompetent jurisdiction, then this development shall be required to obtain a substantial deviation determination. 9. This Development Order shall become effective upon final approval of the comprehensive plan amendment associated with the project. 10. Certified copies of this Development Order shall be transmitted immediately by certified mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council, and Horizon/Glen Outlet Centers Limited Partnerships. JUNE 291998 0 -55- •