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the County, making the total sum contributed by both Developers the total construction cost for such <br /> signalization. The signal shall be installed no later than the Certificate of Occupancy for the Harbor <br /> Point grocery anchor is issued. <br /> B. Maintenance of Signal: After the new traffic signal has been installed and turned <br /> over to County for maintenance, the County shall be responsible for performing all signal related <br /> engineering, operation, and maintenance activities. The Developer shall be responsible for funding <br /> all signal related engineering, operation, maintenance, and electricity costs, in perpetuity, including <br /> the electric account start-up fees . Once each month after signal activation to either a flashing or a <br /> stop-and-go (red-yellow-green) mode, the County shall prepare an invoice for payment by the <br /> Developer which the Developer shall pay within thirty (30) days. All decisions regarding signal <br /> design, engineering, activation, timing, operation and maintenance shall be made the County. In this <br /> paragraph only, "Developer" shall refer to "NAP Indian River, LLC" and "NAP Indian River II, <br /> LLC", each to be responsible for one-half (%z) of the costs described in this paragraph. <br /> 6 . Stormwater Mana eg_ment: The Developer agrees to incorporate, at no cost to the <br /> County, sufficient capacity within the Project to provide stormwater treatment and storage for that <br /> section of 53rd Street which abuts the Project Property, and also for that portion of U. S. 1 lying east <br /> of the center line of U.S. 1 which abuts the Project Property. The Developer shall have the <br /> responsibility to design, permit, and install any on-site drainage improvements required to direct the <br /> stormwater from the impervious area constructed by the Developer to the approved stormwater <br /> management system. In the event the County requires the stormwater treatment and storage capacity <br /> described in this paragraph prior to the time the Developer proposes to develop the Project, <br /> Developer and County agree to enter into a separate Agreement permitting County to permit and <br /> construct the stormwater treatment and storage pond, according to Developer' s design, at County ' s <br /> cost and expense, provided: (i) all excavated soil shall remain on-site, as directed by Developer; (ii) <br /> the design and location of the pond must be approved by Developer prior to permitting and <br /> construction; and (iii) in the event Developer elects to do so, the stormwater retention and treatment <br /> pond may be relocated by Developer during development of the Project, at Developer' s sole cost and <br /> expense, provided the stormwater treatment and retention capacities remain available to the County. <br /> Any such agreement shall provide that the Developer will convey to the County easements for <br /> conveyance of the stormwater to the pond, and for treatment and retention of the stormwater in the <br /> pond. <br /> 7. Concurrency: County and Developer acknowledge and agree that Chapter 910, Indian <br /> River County Code, provides that whenever allon-proportionate Fair Share Developer' s Agreement <br /> is executed by an applicant, and that Developer' s Agreement commits the applicant to construct <br /> major capacity-producing transportation improvements, the applicant's project may be vested for <br /> transportation concurrency for seven (7) years. (Such an agreement is called a "Qualified Non- <br /> proportionate Fair Share Developer' s Agreement"). County and Developer agree that this <br /> 3 <br />