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the County for Developer's share (37.5%) of the cost of the <br /> construction of 53`d Street as a two lane road from the point <br /> where the paved improvements described herein end to the <br /> point which is 2,454 feet west of the project's east property <br /> line. <br /> (5) The Developer's obligation with respect to 53`d Street, as <br /> identified in this Developer's Agreement, shall be deemed <br /> satisfied so long as the Developer is in compliance with this <br /> Agreement, and the County shall not withhold any <br /> approval, permit, or concurrency certificate because of the <br /> condition of 53`d Street anywhere except adjacent to <br /> Providence Pointe, provided the Developer is in <br /> compliance with this Agreement. <br /> (6) The Developer shall receive traffic impact fee credits for all <br /> design, engineering, permitting, and construction costs <br /> associated with the 53`d Street improvements described <br /> herein paid or contributed by the Developer, except for: <br /> those costs associated with site related turn lanes or other <br /> site related improvements; and any landscaping in excess of <br /> the landscaping required by County Ordinance. These shall <br /> be considered "non-reimbursable costs". <br /> 4. 49th Street Improvements and Dedication: <br /> A. Prior to the issuance of a Land Development Permit for <br /> Phase IA of Providence Pointe, the Developer shall: <br /> (i) Dedicate to the County ten feet (10') of right-of-way along <br /> the project's 491h Street frontage from 58th Avenue West for a <br /> distance of approximately 2,591 feet (the "Eastern Segment") see <br /> Exhibit"B"; and <br /> (ii) Dedicate to the County along the project's 491h Street <br /> frontage sixty feet (60') of right-of-way from the West end of the <br /> "Eastern Segment" to a point approximately 1,328 feet West (the <br /> "Western Segment") see Exhibit "B". <br /> B. Prior to the issuance of a certificate of completion for Phase IB, <br /> Developer shall construct a two lane road for a distance of <br /> approximately 3,260 feet from the existing paved road on 49th <br /> Street, which ends approximately 700 feet west of 58th Ave., to the <br /> western boundary of Providence Pointe, as shown on the <br /> jAbruce\clients\providence pointe-barile\developer's agreement clean 10.28.14 docx <br /> 4 <br />