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40 <br />40 <br />40 <br />of insurance approved by the County, and that the Contractor shall also put up payment and <br />performance bonds approved by the County. <br />(c) In each instance in which the County contributes all or part of the <br />Construction Costs of any project described in this Agreement, the Developer agrees to submit all <br />engineering and related cost estimates to the County for approval, and to obtain such approval, prior <br />to any work being authorized by the County, and the County agrees such approval shall not be <br />unreasonably withheld or delayed. <br />® (3) Pavement of 17th Street Southwest: <br />(a) The County agrees to acquire from Developer the minimum right-of-way <br />necessary under the County's Code and Comprehensive Land Use Plan to pave 17th Street <br />Southwest as a 2 -lane local road from 43rd Avenue to the proposed entrance to The Colony <br />on 17th Street Southwest. The County shall acquire such right-of-way (30 feet by dedication <br />and 40 feet by purchase) no later than March 1, 2001. In the event the County fails to acquire <br />such right-of-way by March 1, 2001, the remainder of this paragraph 3, insofar as it sets forth <br />requirements to be performed by the Developer, shall be continued and extended until a <br />reasonable time after the County acquires such right-of-way. This shall not cause the County <br />to withhold or delay issuance of any permits to the Developer. <br />(b) Provided the County acquires the right-of-way by the date specified above, <br />Developer shall construct a two-lane paved roadway according to County approved standards <br />along 17th Street Southwest from 43rd Avenue to the Developer's entrance on 17th Street <br />Southwest. Developer shall prepare design drawings and obtain necessary permits for such <br />construction. Construction shall occur in conjunction with Developer's Phase 1 construction. <br />(c) In conjunction with Developer's Phase 2 construction, Developer shall <br />construct a two-lane paved roadway according to County approved standards along 17th <br />Street Southwest from the Developer's entrance on 17th Street to the intersection of 17th <br />Street Southwest and 27th Avenue. <br />(4) Construction Costs: The Developer shall be responsible for and shall pay twenty- <br />five percent (25%) of the Construction Costs for paving 17th Street Southwest as described above, <br />and the County shall be responsible for and shall pay seventy-five percent (75%) of all such <br />Construction Costs. The County shall reimburse the Developer for the County's portion of the <br />Construction Costs within thirty (30) days of the County's inspection and approval of the work <br />performed prior to each draw request during construction less ten percent (10%) retainage, with no <br />retainage following completion and final inspection. Inspection shall be conducted within seven (7) <br />days after notification by the Developer of each draw or final payment. <br />-2- <br />