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Conceptual Plan. The construction may be completed in sections <br /> which follow the progression of development of the Project. <br /> ; <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 following road <br /> segments: <br /> A. 58th Avenue, from the property's eastern boundary to the <br /> centerline of a four-lane road, along the project's 58th Avenue <br /> frontage. <br /> B. 491h Street, along the project's entire frontage, for a two-lane road <br /> width. <br /> C. <br /> Developer shall design and construct a temporary swale system <br /> 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 Transportation <br /> standards. <br /> 8. Invoices: Any invoice submitted by the Developer to the County for the County'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. Project 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 prevailing <br /> party shall recover attorneys' fees and costs from the non-prevailing party. <br /> jAbruce\clients\providence pointe-barite\developer's agreement clean 10.28.14.docx <br /> 5 <br />