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will be responsible for arranging and paying for the costs of loading and transporting the fill. The County agrees that the mining activities associated with extracting and transporting of this fill will not be charged against the limited duration of the incidental to construction mining permits issued to the Developer for the development. 6. 58th Avenue: The Developer agrees to construct 58th Avenue as a four - lane roadway between 49th Street and 53rd Street, at its own expense. Said construction shall commence no later than six (6) months after such time as the traffic modeling done in conjunction with the Annual Report determines that the traffic volumes on 58th Avenue between 49th Street and 531-d Street exceed the adopted level of service or by January 1, 2015. whichever occurs first, and shall be completed within twelve (12) 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, permitting, and construction costs associated with 58th 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 49th Street improvements within the project or along the project frontage at the 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 prepay all traffic impact fees (subject to available ima t fee redits for 1 5 .. dwellin units in W , terwa Villa • e no later than December 31, 2015, unless those impact fees are paid earlier at the time of the issuance of building permits. The Developer shall have the option 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 elects; .row.-. h.wever the 21 000 s uare feet of Nei hborhood Commercial uses will not .e vested for traffic c.ncurrenc if the traffic im act fee f.r the Neighborhood Commercial uses are not paid by December 31. 2015. The Developer acknowledges that any impact fees paid to the County are non- refundable under the County's Code of Ordinances. RM: 7375391: 1 -1-9 Page 7 of -1-616