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• <br />(5) <br />the County for Developer's share (37.5%) of the cost of the <br />construction of 53rd 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 />The Developer's obligation with respect to 53rd 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 53rd 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 53rd 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 49th 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 49th 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 />j:\brucc\clients\providence pointe-barile\developer's agreement clean 10.28.14.docx <br />4 <br />61 <br />