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6. 581h Avenue: The Developer agrees to construct 581h Avenue as a four - <br />lane roadway between 491h Street and 53`d Street, at its own expense. Said construction <br />shall commence no later than six (6) months after such time as the traffic modeling done <br />in conjunction with the Annual Report determines that the traffic volumes on 58th Avenue <br />between 49th Street and 53`d Street exceed the adopted level of service or by January 1, <br />2015, whichever occurs first, and shall be completed within twelve (12) months after <br />commencement. The Developer and the County shall in good faith agree upon the <br />methodology of any such traffic modeling. <br />7. Impact Fees: The following impact fee provisions shall be applicable to <br />the development: <br />A. The Developer shall receive traffic impact fee credits for all <br />design, engineering, permitting, and construction costs associated with 58th <br />Avenue and 53`d Street paid or contributed by the Developer, except for those <br />costs associated with site -related turn lanes, site -related traffic control measures, <br />and any landscaping in excess of the landscaping required by County Ordinance <br />or Regulations ("non -reimbursable costs"). Such impact fee credits and costs will <br />include the design configuration of 53`d Street, recognizing that the eagle located <br />within the Development precludes running the roadway in a straight line from Old <br />Dixie Highway to 58th Avenue. The Developer shall construct 43`d Avenue, 5151 <br />Court, and 49th Street improvements within the project or along the project <br />frontage at the Developer's sole cost with no impact fee credits allowed. The <br />Developer shall construct sidewalks required by the Amended and Restated <br />Development Order and the approved Planned Development Plan at the <br />Developer's sole cost and expense with no impact fee credits allowed. <br />B. The Developer agrees to prepay all traffic impact fees (subject to <br />available impact fee credits) for 1,596 dwelling units in Waterway Village no <br />later than December 31, 2015, unless those impact fees are paid earlier at the time <br />of the issuance of building permits. The Developer shall have the option to <br />prepay the traffic impact fees for the 20,000 square feet of Neighborhood <br />Commercial uses by December 31, 2015, or at such time as the Developer elects; <br />provided however, the 20,000 square feet of Neighborhood Commercial uses will <br />not be vested for traffic concurrency if the traffic impact fees for the <br />Neighborhood Commercial uses are not paid by December 31, 2015. The <br />Developer acknowledges that any impact fees paid to the County are non- <br />refundable under the County's Code of Ordinances. <br />8. Invoices: Any invoices submitted by the Developer to the County for the <br />County's payment shall be reimbursed by the County according to the Prompt Payment <br />Act. (Sections 218.70-218.80, Fla. Stat. 2004). <br />9. Proiect Bids: The Developer shall not be required to publicly bid the <br />work described herein, but all work performed by the Developer shall be subject to the <br />RM:7031940:9 <br />Page 7 of 14 <br />