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Conceptual Plan. The construction may be completed in s <br />which follow the progression of development of the Project. <br />5. 58th Avenue Dedication: Prior to the issuance of a Land Development Permit for <br />Phase IA for Providence Pointe, the Developer shall dedicate by right-of-way <br />deed free and clear of all liens and encumbrances, to the County, twenty five feet <br />(25') along the property's 58th Avenue frontage. (See Exhibit "C"). <br />6. The Developer shall provide stormwater capacity for the followig road <br />segments: <br />A. 58`l' Avenue, from the property's eastern boundary W the <br />centerline of a four -lane road, along the project's 58th Avenue <br />frontage. <br />B. 49th Street, along the project's entire frontage, for a two -1 ne road <br />width. <br />C. <br />Developer shall design and construct a temporary swale system <br />,VIM, within the County right-of-way for 53rd Street stormwater, as a <br />four -lane road, from 58th Avenue west for a distance of one-quarter <br />mile. <br />7. DOT Compliance: All road construction by the Developer pursuant to this <br />Agreement shall be in compliance with Florida Department of Trans ortation <br />standards. <br />8. Invoices: Any invoice submitted by the Developer to the County for theCounty's <br />payment shall be reimbursed by the County according to the Prompt Payment Act <br />(Sections 218.70 and 218.80, Florida Statutes). <br />9. Proiect Bids: The Developer shall not be required to publicly bid the work <br />described herein, but all work performed by the Developer shall be subject to the <br />reasonable determination by the County that the costs incurred for such work <br />were normal and customary. <br />10. Miscellaneous: <br />A. In the event of any litigation arising out of this Agreement, the F <br />party shall recover attorneys' fees and costs from the non-prevaili <br />jAbruce\clients\providence pointe-barile\devcloper's agreement clean 10.28.14.docx <br />5 <br />railing <br />Ply• <br />62 <br />