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OR BK 10613 PG 2117 Page 5 of 8 <br />Road) pursuant to which Duke Energy has installed a transmission pole in the <br />future right-of-way of Kossik Road (the "Duke Pole"). As such, the City does <br />hereby, for itself and its successors and assigns, fully remise, release, acquit and <br />forever discharge Applicant and its members, managers, affiliates, successors and <br />assigns (the "Released Parties"), of and from any and all duties, rights, claims, <br />demands, actions and causes of action, civil or administrative remedies, of any <br />nature whatsoever, whether arising at law or in equity, concerning the Duke Pole <br />or the design, engineering, permitting or construction of the Yd and 4th lanes of <br />Kossik Road through the PUD. <br />b. Design and permit a single -lane roundabout at the intersection of Wire Road and <br />Pretty Pond Road (the "Roundabout"). Developer shall submit the plans for <br />approval no later than December 31, 2022. In order to expedite and facilitate <br />Developer's design and permitting of the Roundabout, the City shall deliver to <br />Developer (and provide reliance letters as requested by Developer) all survey, <br />utility and other relevant information in the City's possession or control <br />concerning the existing rights-of-way or improvements at or near the intersection <br />of Wire Road and Pretty Pond Road, including the construction plans, permits, <br />approvals and "as -built" surveys for any above -ground and below -ground <br />improvements within three hundred fifty feet (350') of the intersection. The City <br />acknowledges and agrees that: (i) the design of the Roundabout may require that <br />the City acquire additional right-of-way on Wire Road and/or Pretty Pond Road; <br />and (ii) Developer has no obligation to provide or acquire any additional right-of- <br />way, nor to construct the Roundabout. <br />13. The Developer shall not be entitled to transportation impact fee credits for the <br />right-of-way conveyance or roadway construction described in conditions 9, 10, 11 or 12 hereof, <br />except the construction of the 3rd and 4th lanes of Kossik Road if developer, in its sole discretion, <br />elects to construct the same. The multi -Purpose trail construction on Wire Road as described in <br />Condition No. 14 shall not be eligible for transportation impact fee credits. <br />14. All improvements to Kossik Road and Dairy Road described herein shall include <br />sidewalks, a pedestrian trail, and bike lanes as depicted on the PUD Master Plan. Ownership and <br />maintenance of each roadway and associated stormwater pond areas shall be set in the Final Plat <br />dedication The developer shall construct a 10' wide concrete multi-purpose trial on the west side <br />of Wire Road within the 17.5 feet of ROW to be dedicated to the City of Zephyrhills. The trail <br />shall be constructed along the entire boundary of the development when Kossik Road connects to <br />Wire Road. Pursuant to Land Development Code Section 7.02.02.02, subdivision streets (Kossik <br />Road is a collector road for purposes of this sentence) abutting existing streets shall require <br />subject streets to be built to a minimum standard of 20' pavement. A County ROW use permit <br />shall also be required for connections to County rights-of-way. <br />15. Stormwater management and drainage plans shall be designed in accordance with <br />Southwest Florida Water Management District (SWFWMD) requirements for open/closed <br />drainage basins, whichever is applicable. The total post -development volume leaving the site <br />shall be no more than the total pre -development volume leaving the site for the design of a 100 - <br />year storm. Maintenance of pre -development off-site low flow may be required in hydrologically <br />sensitive areas. The developer shall also comply with the City of Zephyrhills Basins of Special <br />Concern Ordinance. All proposed retention ponds and flood plain mitigation areas shall comply <br />with the City's landscape ordinance. <br />16. The developer will submit site/lot grading plan to the City prior to the final <br />approval of its construction plans. <br />17. The City of Zephyrhills will provide water and wastewater services to the project. <br />The Developer shall construct reclaimed water line infrastructure in each phase of the project <br />that will be served by a master meter. City agrees to provide potable water until such time as <br />reclaimed water is available. <br />18. Vacation of any existing rights-of-way on the subject property must be completed <br />prior to or concurrent with approval of the final plat. <br />-5- <br />