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a • ' r will be responsible for arranging and paving for the costs of loading and transporting the fill . The County agrees that the mining activities aceociat d . � ,it - - - -" " - LLLVIl VV lull extracting and transporting of this fill will not be charged against the limited duration of the incidental to constriction mining permits issued to the De_ ye_ ln_ ne_,_- for the development . 6 . 581h Avenue : . The Developer agrees to construct 58th Avenue as a four lane roadway between 4 t Street and 53rd Street at it own expense Said constriction shall continence no later than six ( 6) months after such time as the traffic modeling one in conjunction with the Annual Report determines that the traffic volumes on 5Rth /aven „ e between 49th Street and 57 Street exceed the adopted level of service or by January 2015 , whichever occurs first, and shall be completed within twelve ( 121 months after commencement. The Developer and the County shall in good faith agree upon the methodology of any such traffic modeling . 7 . Impact Fees : The following impact fee provisions shall be applicable to the development : . A . The Developer shall receive traffic impact fee credits for all design, engineering, pem- ittingand construction costs associated with 5e Avenue and 53rd Street paid or contributed by the Developer, except for those costs associated with site-related turn lanes , site-related traffic control measures, and any landscaping in excess of the landscaping required by County Ordinance or Regulations ("non-reimbursable costs ") . Such impact fee credits and costs will include the design configuration of 53rd Street, recognizing that the eagle located within the Development precludes running the roadway in a straight line from Old Dixie Highway to 58th Avenue . The Developer shall construct 43rd Avenue, 51St Court, and 491h Street improvements within the project or along the project frontage at to Developer ' s sole cost with no impact fee credits allowed. The Developer shall construct sidewalks required by the Amended and Restated Development Order and the approved Planned Development Plan at the Developer ' s sole cost and expense with no impact fee credits allowed. �B . The Developer agrees to preuav all . traffic imr� act fees ( .c„ h ; est to available impact fee credits ) for 1 . 596 dwelling units in Waterway V; llagP nn later than December 31 , 2015 , unless those impact fees are nai_ d earlier at the time of the issuance of building permits . The Developer shall have the opt; nn to prepay the traffic impact fees for the 20 . 000 square feet of Neighborhood Commercial uses by December 31 , 2015, or at such-time as the Developer elft ntc provided however, the 20000 square feet of Neighborhood Commercial uses will not be vested for traffic concurrency ' if ' the traffic impact fees for the Neighborhood Commercial uses are nottiaid by December 31 . 2015 - The Developer _ acknowledges that any impact fees tiaid to the County are non - refundable under the Countv ' s Code of Ordinances . RM: 7375391 : 1 -i-2 Page 7 of 4-66