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County. Developer shall not be responsible for final design or construction <br />of the westerly pavement extension improvements." <br />(1) The County shall have the right to approve the scope of work for the design and <br />engineering phase of the project. The County shall not unreasonably withhold or <br />delay such approval. Failure to reply to the Developer within thirty (30) days after <br />the submittal of design and engineering plans shall constitute approval. <br />(2) The Developer's obligation with respect to 53`d Street, as identified in this <br />Developer's Agreement, shall be deemed satisfied so long as the Developer is in <br />compliance with this Agreement, and the County shall not withhold any approval, <br />permit, or concurrency certificate because of the condition of 53`d Street anywhere <br />except adjacent to Providence Pointe, provided the Developer is in compliance with <br />this Agreement. <br />(3) The Developer shall receive traffic impact fee credits for all design, engineering, <br />permitting, and construction costs associated with the 53`d Street improvements <br />described herein paid or contributed by the Developer, except for: those costs <br />associated with site related turn lanes or other site related improvements; and any <br />landscaping in excess of the landscaping required by County Ordinance. These <br />shall be considered "non -reimbursable costs". <br />3. 49th Street Improvements and Dedication: <br />A. Prior to the issuance of a Land Development Permit for Phase 4 of <br />Providence Pointe, the Developer shall: <br />(i) Dedicate to the County ten feet (10') of right-of-way along the <br />project's 491h Street frontage from 58th Avenue West for a distance <br />of approximately 2,591 feet (the "Eastern Segment") see Exhibit <br />"B"• and <br />(ii) Dedicate to the County along the project's 49th Street frontage sixty <br />feet (60') of right-of-way from the West end of the "Eastern <br />Segment" to a point approximately 1,328 feet West (the "Western <br />Segment") see Exhibit "B". <br />B. Prior to the issuance of a Certificate of Completion for Phase IB, Developer <br />shall construct a two-lane road for a distance of approximately 3,260 feet <br />from the existing paved road on 49th Street, which ends approximately 700 <br />feet west of 58th Ave., to the western boundary of Providence Pointe, as <br />shown on the Conceptual Plan. The construction may be completed in <br />sections which follow the progression of development of the Project. <br />4. 58th Avenue Dedication: Prior to the issuance of a Land Development Permit for <br />Phase 4 for Providence Pointe, the Developer shall dedicate by right-of-way deed <br />