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RESOLUTION 2004- 137 MASTER DEVELOPMENT PLAN (Conceptual PD Plan) 12. The Master Development Plan for Waterway Village DRI shall be attached as Exhibit "B" and considered binding. The master development plan provides for a mix of residential unit types, neighborhood commercial uses, an elementary school site and an EMS site. In addition, the plan provides for certain public roads (51St Court, 53rd Street, and 43rd Avenue) traversing the site. TRANSPORTATION Rights-of-Way 13. No building permits for Waterway Village DRI shall be issued until the ultimate rights-of-way within the project along 53rd Street, 581h Avenue, 49th Street, and 43rd Avenue and all intersections thereof, have been dedicated free and clear of all liens and encumbrances to Indian River County as necessary and consistent with the Indian River County Comprehensive Plan. 14. The north/south street identified as 51 st Court shall be dedicated to the county and remain open as a public street. External Roadway Improvements 15. As a minimum, the developer shall pay a fair share contribution consistent with the road impact fee ordinance of Indian River County in effect at the time of issuance of building permits. Chapter 380, Florida Statutes, also requires that any DRI DO exaction or fee required shall be credited toward an impact fee or exaction imposed by local ordinances for the same need. The applicant, through the PD process, has agreed to dedicate all rights-of-way without compensation, including traffic impact fee credit. These dedications are specified in the PD analysis. Any exaction receiving credit for impact fees must be in accordance with agreements between the developer and Indian River County. Certain areas of the site are subject to Murphy Act Easements. The county shall release its interest in those easements in conjunction with the previously described dedication of the necessary road rights-of-way. 16. No C.O's (certificates of occupancy) for Waterway Village DRI shall be issued until the following roadways have been built in compliance with Indian River County design standards and regulations: 53rd Street from 58th Avenue to the western most project entrance with a westbound left turn lane on 53rd Street at 58th Avenue. 58th Avenue temporary construction entrance located between 49th Street and 53rd Street, and provide northbound right turn lanes, southbound left turn lanes, and flasher convertible signal. 17. Prior to the issuance of a Land Development Permit for Phase 1, the developer shall obtain county,and Indian River Farms Water Control District release of their interests in the H-1 canal and adjacent 53rd Street existing right-of-way. FACommunity Development\Users\CurDev\RESOLUTION\2004 Resolutions\Waterway Village Resoluation 2004-.rtf 4