1435-22 Abbott Park PUD Master Plan Amendment-Unknown Recorded Document-20220513-Document 1-001

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OR BK 10613 PG 2116 Page 4 of 8 instruments to be used to convey in fee simple the above-mentioned areas to said association or community development district. 7. In addition to these PUD conditions of approval, the developer shall comply with all City of Zephyrhills ordinances including all impact fee ordinances. In the event ordinances/resolutions are subsequently adopted by the City Council including, but not limited to, utilities, public safety, impact fee or other, the developer shall be required to comply with same except if such ordinances/resolutions materially and adversely change any conditions of the approval granted herein. 8. All internal local roadways, including streetlights, shall be owned and maintained by the Zephyr Lakes Community Development District, established by Ordinance No. 1232-14 on June 23rd, 2014. 9. The developer has submitted an updated traffic study which has been reviewed by City staff and Kimley-Horn, the City's consultant. The following issues shall be addressed based on comments provided from Kimley Horn: 1) The applicant must construct the warranted eastbound turn -lane at the intersection of Kossik Road and project access; 2) at the time Applicant proposes a connection to Wire Road, Applicant will apply for a right-of-way use permit from Pasco County, notify the City of Zephyrhills Planning Department of the same, and the County will evaluate the connection and make recommendations for any improvements to Wire Road at the time; and 3) Applicant shall meet with the City to discuss future traffic control of the intersection of Pretty Pond Road and Wire Road. The Developer shall be required to address City/engineer comments accordingly on the construction plans. An updated traffic impact analysis will be required only if a unit increase is proposed. The developer shall apply for a right-of-way use permit(s) from the appropriate governmental entity prior to access/driveway connection, and shall comply with Pasco County's Access Management Ordinance and Substandard road analysis standards, as applicable. 10. Developer shall convey to City or Pasco County as appropriate, at no cost to the City or Pasco County, up to 47.5 feet of right-of-way along Wire Road as may be required by Pasco County. The easternmost 30 feet of right-of-way shall be dedicated to Pasco County, and the westernmost 17.5 feet of right-of-way shall be dedicated to the City of Zephyrhills. 11. Developer shall convey to the City, at no cost to the City, 50 feet of right-of-way along Pretty Pond Road and 80 feet of right-of-way for Dairy Road extension on its property as shown on the PUD Master Plan. In addition the developer shall construct Dairy Road to City street standards as reflected on the PUD Master Plan from the south boundary of the property to the entrance of Phase IV 4 as shown on the PUD Master Plan. 12. The developer shall convey to Pasco County the proposed 120 ft. right of way for Kossik Road as depicted on the PUD Master Plan. In addition, the developer shall: a. Design and permit Kossik Road from the eastern boundary of the Commercial Parcel (at its existing eastern terminus) to Wire Road as a two 2 -lane collector road and construct 2 lanes thereof. Subject to any Executive Order extensions previously -approved by the City, Applicant shall construct or bond such section of Kossik Road by December 31, 2022. In lieu of any obligation to design, permit or construct lanes 3 and 4 of Kossik Road, Applicant hereby consents to the City's imposition of a transportation impact fee surcharge of $1,000 per unit on all remaining, 291 un -platted units within the PUD (Phases 3, 4C, 5 and 6) (the "Surcharge"). The Surcharge will be payable and collected by the City at the time of the issuance of each certificate of occupancy for each such unit (the remaining 291 un -platted units in Phases 3, 4C, 5 and 6 of the PUD). Additionally, Applicant is willing to, and does hereby, forego (subject to there being no appeal of the subject rezoning) $59,000.00 worth of transportation impact fee credits that Applicant is otherwise due from the City in accordance with Condition No. 23 hereof for Applicant's design and engineering of the portion of Dairy Road lying south of Kossik Road and north of the entry to Phase IV. The intent of the parties is that Applicant is foregoing an amount roughly equal to the consideration it received from Duke Energy's predecessor as part of its acquisition from Applicant of the existing easement along the east end of the PUD (along Wire