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of way described in Deed Book 66 Page 35 , Deed Book 67 Page 267 and Deed Book 60 Page 86 , Public Records of Indian River County, Florida . 4 , Impact Fees : Developer shall receive traffic impact fee credits for all design, engineering, and construction costs associated with 53`d Street paid or contributed by Developer, except for those costs associated with site -related turn lanes, site -related traffic control measures, and any landscaping in excess of that landscaping required by County Ordinance or Regulations ("non-reimbursable costs") . Such impact fee credits and costs will include the design configuration of 53 `d Street, recognizing that the eagle located within the Development precludes running the roadway in a straight line from Old Dixie Highway to 58th Avenue . The Developer shall construct 43`d Avenue , 515` Court, and 49th Street improvements within the project or along the project frontage at Developer' s sole cost with no traffic impact fee credits allowed . The Developer shall construct sidewalks required by the Development Order and the approved Planned Development Plan at Developer' s sole cost and expense with no impact fee credits allowed . 5 . Invoices : Any invoices submitted by Developer to the County for the County ' s payment shall be reimbursed by the County according to the Prompt Payment Act . (Sections 218 . 70 - 218 . 80 , Fla . Stat . 2004) . 6 . Proiect Bids : Developer and County shall prepare a mutually agreeable Bid Package and a mutually agreeable Prequalification Package for bids on the work described herein . Developer will advertise and seek construction bids from a minimum of two (2) contractors qualified to complete the work described herein . The project must be bid on DemandStar web site as required by the County Purchasing Division . Developer and County must agree on the Contractor selected . 7 . Stormwater Management : The Developer agrees to incorporate , at no cost to the County, sufficient capacity in Waterway Village to provide stormwater storage for the impervious area of 53rd Street from King ' s Highway (58th Avenue) to the eastern boundary of Waterway Village ; 43 `d Avenue from 491h Street to 53`d Street ; 491h Street improvements ; and 58th Avenue four-lane widening along the project frontage . The capacity shall be such as to accommodate the drainage for the described section of 53`d Street if and when it is widened to six lanes . As part of its design and construction of 53`d Street described herein, the Developer shall design, permit, and install drainage improvements to direct the drainage from the future widening of 53 `d Street to six (6) lanes . The County shall reimburse the Developer for all incremental costs incurred to accommodate the increased drainage from a four-lane road to a six -lane road, such as, but not limited to , any increase in price for larger pipes . Further, the Developer ' s obligation shall be deemed satisfied when the County issues a Certificate of Completion for 53`d Street as a four-lane road . 8 . Insurance and Indemnification : During Developer' s performance of any construction in County right-of-way covered by this Agreement, Developer shall provide the County with evidence that Developer or the Developer' s Contractor has obtained and maintains the insurance listed below. A. Developer or Developer ' s Contractor shall procure and maintain for the duration of all construction contracts, insurance against claims for injuries to persons or damages to property Page 4 of 8