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RESOLUTION 2004- 137 Other Issues 29. No building permits shall be issued for more than 1,000 dwelling units until either 53rd Street has been built between 58th Avenue and Old Dixie Highway, and a railroad crossing has been constructed at the 53rd Street intersection with the FEC railroad; or 1) contracts have been let for the intersection improvements identified below; or 2) the improvements identified below have been included within the first two years of either the Indian River County adopted Road Building Program, or the Florida Department of Transportation adopted Five Year Work Program; or 3) a local government developer's agreement has been executed and attached as an exhibit to the DO. Surety shall be provided to the satisfaction of Indian River County or the Florida Department of Transportation that sufficient funds will be available to complete the following intersection improvements, including signalization modifications as warranted by County or State criteria. • 49th Street and US 1: Add east bound left turn lane and signalize. • SR60 and 58th Avenue: Add northbound and southbound right turn lanes. Add eastbound and westbound left turn lanes (two lanes each). 30. Commencing in 2005 and continuing every year thereafter, the developer shall submit an Annual Status Report indicating the status (schedule) of guaranteed improvements, monitoring, and study. This Annual Status Report shall be submitted to Indian River County, Florida Department of Transportation, Council and the Department of Community Affairs as part of the DRI Annual Report. The Annual Status Report shall list all roadway improvements needed to be constructed; the guaranteed date of completion for the construction of each needed improvement, the party responsible for the guaranteed construction of each improvement, and the form of the binding commitment that guarantees construction of each improvement. Additionally, this report shall include a trip generation study determining new external traffic during both the AM and PM peak hour due to existing development. No further building permits for Waterway Village DRI shall be issued at the time the Annual Status Report reveals that any needed transportation improvement included in the DO is no longer scheduled or guaranteed, or has been delayed in schedule such that it is not guaranteed to be in place and operational, or under actual construction consistent with the timing criteria established in this DO. ENVIRONMENTAL AND NATURAL RESOURCES Upland Preservation 31. The developer shall preserve a minimum of 66 acres of forested pine flatwoods, sand pine, pine/mesic oak, and sand live oak natural communities on the project site as described on Map F, and shown on Map H of the DRI ADA and PD plan for Waterway Village. The intent of this development condition is to provide protection of upland natural communities, to provide habitat for wildlife, and to assist in improving water quality by buffering wetlands and water FACommunity Development\Users\CurDev\RESOLUTION\2004 Resolutions\Waterway Village Resoluation 2004-.rtf 8