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(iii) Construct all aspects of the Road Project and supervise construction of the Road Project, including all entrances, turn lanes and driveways, signage, signals, striping and maintenance of traffic. (iv) Undertake any required habitat and tree/landscaping mitigation and restoration necessary to the Project and monitor the mitigation and/or restoration . (v) Divert all stormwater from the Project onto Developer' s property . Developer must accept all stormwater from the four-laning of 26`h Street (58`h Avenue to 43rd Avenue). (vi) Acquire right-of-way as needed for the Road Project in addition to the County' s existing right-of-way, in the same manner as specified in this Agreement. (vii) Dedication (without compensation) of development property to the County to provide comer clips at development entrances . 2. Upon completion of the Road Projects in this Agreement, the Developer will convey the Road Projects, together with the needed right-of-way, to the County, subject to the County' s inspection and approval . Developer shall warranty the Project for a period of one year following the conveyance to the County. Following the one-year warranty period, the County will then be responsible for maintenance of the Road Projects. 3 . County, with the assistance of Consultant, agrees to identify any right-of- way required for these Improvements and prepare legal descriptions and parcel sketches . The County Public Works Director, or his designee, shall determine the size and number of parcels to be purchased. Developer agrees to prepare appraisals and to make a good faith effort to negotiate purchase prices for the required right-of-way . The County shall approve all purchase prices . Developer shall invoice the County for the reasonable costs of appraisals, closing costs, including purchase price, and the County shall reimburse the Developer for all such reasonable costs. If the Developer is unable to acquire the needed right-of-way, the County shall initiate the eminent domain process within ninety (90) days of notice by the Developer that the right-of-way could not be acquired through negotiation. If the County fails to initiate the eminent domain process in the time described herein, Developer shall be excused from performance of any obligation dependant upon the acquisition of the Property which might have been acquired by eminent domain, and Developer shall be permitted to proceed with its Project through completion, including all certificates of occupancy as if the excused obligations had not been part of this Agreement . The County, through its Public Works Director or his designee, shall have thirty (30) days to review and approve reimbursable costs. Failure to reply to Developer within thirty (30) days shall constitute approval . All costs incurred by the Developer to plan, survey, design, permit and construct 26`h Street from 43`d Avenue to 58`h Avenue Improvements described herein, except those reimbursed by the County, shall be credited to the Developer against Developer' s traffic impact fee. 3