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Avenue [approx . 1 mile] as one continuous project) : (a) DEVELOPER will provide the <br /> Construction Plans to the COUNTY for review and approval prior to construction on 37`h <br /> Street from the east line of the Subdivision' s internal roadway connection to 37`h Street <br /> (extended northward) east to 58`h Avenue; (b) the Construction Plans will include, or will <br /> be revised to include, the portion of the Road Project from the east line of the <br /> Subdivision' s internal roadway connection to 37`h Street (extended northward) east to <br /> 581h Avenue; (c) the COUNTY will pay DEVELOPER for all funds to plan, to design, <br /> and to construct the Road Project (including all engineering and other soft costs) for the <br /> portion of the Road Project from the east line of the Subdivision ' s internal roadway <br /> connection to 37`h Street (extended northward) east to 58`h Avenue (such payment shall <br /> be in the form of check or wire transfer); and (d) the COUNTY must approve any <br /> changes to the permitted Construction Plans in writing (such approval shall not be <br /> unreasonably withheld, conditioned, or delayed) . <br /> If the COUNTY does not acquire this needed right-of-way by December 31 , <br /> 2006, then the DEVELOPER shall only be required to acquire needed right-of-way, to <br /> permit, to design and to construct 37`h Street paving, drainage, and related improvements <br /> from 66`h Avenue, east to the Subdivision ' s internal roadway connection to 37`h Street <br /> (approx. 2,080 LF), including a suitable transition to the existing unpaved road. <br /> DEVELOPER agrees to fund all costs for right-of-way acquisition, design, permitting, <br /> and construction of a two-lane paved road, drainage, and related improvements for 37`h <br /> Street from 66`h Ave. eastward to the internal roadway connection for the Subdivision <br /> (station 20+32 .00 to station 41 + 12 . 59 to be shown on engineering drawings to be <br /> prepared by MBV Engineering, Inc. for the DEVELOPER), a limerock stabilized road <br /> transition from station 41 + 12 . 59 to station 46+22 , any required site-related turn lanes <br /> along 37`h St., and necessary related improvements. <br /> Regardless of whether or not the COUNTY acquires the needed additional right- <br /> of-way for 37`h Street, the COUNTY shall make available for payment to DEVELOPER <br /> the amount of $ 17,750 (escrowed contribution by developer of Oak Chase Subdivision) <br /> permit, to design and to construct 37`h Street paving, drainage, and related improvements <br /> from 66`h Avenue, east to the Subdivision' s internal roadway connection to 37`h Street <br /> 3 <br />