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Lateral H canal, including a bridge across the canal ("County Project"). Developer shall <br /> substantially complete construction of the Roadway Improvements contemplated in this Agreement <br /> concurrently with or prior to the County ' s construction of the County Project. (The allocation of <br /> tasks as between the County and the Developer is reflected on Exhibit `B ", attached hereto and made <br /> a part hereof) <br /> B . To secure the performance of the Developer and payments of all expenses <br /> associated with the roadway improvement project, the Developer agrees to establish and maintain <br /> a surety instrument throughout the term of the project. The surety instrument may be in the form of <br /> a cash deposit or an irrevocable letter of credit. If the cash option is selected, the required sum shall <br /> deposited with the County. If the letter of credit is utilized, the form and content thereof shall be <br /> approved in advance by the County. <br /> C. The amount of the surety instrument to be established by the Developer to secure <br /> the performance hereunder shall be One Hundred Fifteen percent ( 115%) of the total roadway <br /> improvement project costs as provided in the County approved estimate of project costs to be <br /> prepared after the roadway improvement plans have been completed by the County. The surety <br /> instrument shall be posted by the Developer no later than ten ( 10) days following County approval <br /> of the estimate of project costs, and shall be maintained until the County' s final acceptance of the <br /> roadway improvement project. <br /> 4. Impact Fee Credits : Developer shall receive and be entitled to traffic impact fee <br /> credits for all reasonable costs associated with the Roadway Improvements, with the exception of <br /> the following, which shall be considered site-related improvements : <br /> A. Eastbound right-tum lane from 53`d Street. <br /> B . Westbound left-turn lane from 53 `d Street. <br /> C. Developer' s proportionate share of its cost of construction of the <br /> Southbound left-tum lane from U. S . 1 to 53'd Street West, which <br /> proportionate share is $6,340.00. <br /> The County shall have the right to review and approve all bid documents, and the County's approval <br /> shall not be unreasonably withheld. <br /> 5 . A. Sianalization at 53rd Street/Harbor Point Entrance: Concurrently with the <br /> construction of 53'd Street, Developer shall install County designed signalization at the 53`d Street <br /> driveway/entrance to Harbor Point. Developer shall be responsible for one-half (%,) of the <br /> construction costs for such signalization, and Developer shall not receive impact fee credits for this <br /> amount. Developer and County acknowledge that NAP Indian River II LLC will be responsible for <br /> one-half ('/z) of the construction costs for such signalization, pursuant to a separate agreement with <br /> 2 <br />