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R. Only if the total cost of construction of the Roadway Improvements, <br /> excluding the site-related improvements described herein, exceeds the total amount of <br /> transportation impact fees associated with the Project, and the Developer submits invoices to the <br /> County for payment pursuant to paragraph 4 herein, then the Developer shall solicit public bids for <br /> construction of the Roadway Improvements. <br /> S. Following construction of the roadway improvements, Developer agrees to <br /> assign the one ( 1) year warranty it received from its Contractor to the County, and further agrees to <br /> execute a Bill of Sale Absolute for the roadway improvements to the County. <br /> T. County acknowledges that Developer' s agreement to construct 53 rd Street <br /> will result in the delay of construction of some site-related offsite improvements . County agrees <br /> that such improvements will be constructed in conjunction with the construction of 53 rd Street <br /> contemplated herein. Therefore, County shall not withhold any Certificates of Occupancy from <br /> Developer or Developer's purchasers or tenants due to the Developer' s failure to complete any <br /> site- related off site improvement which is to completed in conjunction with the construction of <br /> 53 rd Street. <br /> IN WITNESS WHEREOF the County and Developer have caused these presents to be <br /> executed in their names, the day and year fust above written. <br /> DEVELOPER: BOARD OF COUNTY COMMISSIONERS- <br /> NAP INDIAN RIVER II LLC, INDIAN RIVER COUNTY, FLORIDA- - , <br /> a Florida limited liability company <br /> By: NAP INVESTMENTS <br /> MANAGEMENT COMPANY, INC. ; <br /> a Georgia corp ation a rized to �f <br /> do business ' e St Flor' By< _ (X�t t/ <br /> S dra L. Bowden, t"J 3r uari <br /> By: <br /> Its : tcE mss, of r f 4f r tx��P a' strd S <br /> zi By. � <br /> WITNES : Joseph . Baird, <br /> ounty Administrator <br /> WI '' <br /> (Corpo seal is acceptable�m l ce of witnesses) Attest: <br /> fC/ Jeffrey K. Barton <br /> Clerk of Court <br /> ov as t osufficiency <br /> oun Atto <br /> tY e Y <br /> 7 <br />