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• 40 (5) 17th Street Southwest Bridge: (a) In conjunction with Phase 1 of its construction plans, Developer shall design and construct a three -lane bridge for vehicular traffic on 17th Street Southwest across the Lateral Canal at Ord Avenue in accordance with design drawings and specifications approved by the County, which approval shall not be unreasonably withheld or delayed. (b) The Developer shall contribute $200,000.00 toward the Construction Costs, including utility relocation (if any), of the bridge at 17th Street Southwest, in exchange for traffic impact fee credits for the same amount. The County shall reimburse the Developer for all Construction Costs over $200,000.00. The County shall reimburse the Developer for Construction Costs over $200,000.00, by payment by County check within thirty (30) days of the County's inspection and approval of the work represented by each draw or final payment made by the Developer. The County shall make such inspections within seven (7) days after notification by the Developer of each draw or final payment. The Developer shall use the impact fee credits described herein at the rate of not more than thirty single-family units (or the multi -family unit equivalency) each year. (c) If additional right-of-way is required for the proper design and construction of the bridge at 17th Street Southwest, the County shall acquire the right-of-way necessary. If the County is unable to acquire the right-of-way necessary for the proper design and construction of the bridge in time for Developer to reasonably cause its construction during Phase 1 of the Developer's project, then the Developer's obligation to construct the bridge shall be extended and continued until Phase II of the project. If the County is unable to acquire the necessary right-of-way for construction during Phase 2, then the Developer's obligation to construct the bridge shall terminate, and the Developer shall put up a bond or other security in the amount of $200,000.00, payable to the County, for a period of seven years from the commencement of Phase II construction, to be used for the construction of the subject bridge, failure of which shall result in termination of the bond or other security, in which case the Developer's obligation under this paragraph 5 shall be deemed satisfied. (6) 43rd Avenue Turn Lane: Developer shall design and construct a southbound left turn lane along 43rd Avenue to serve 17th Street Southwest in accordance with design, drawings, and specifications approved by the County, which approval shall not be unreasonably withheld or delayed. The County shall be responsible for and shall pay one hundred percent (100%) of the Construction Costs for the subject turn lane. (7) Dedication of Right-of-way by Developer: Developer agrees to dedicate to the County 30 feet of additional right-of-way along 17th Street Southwest without compensation. The dedication shall be made by deed or on the plat of The Colony. The County desires to acquire an additional 40 feet over and above the 30 feet described above and the County shall pay the Developer for such right-of-way at the price of $11,240.89 per acre, (4.782 acres), for a total of $53,753.95. SM