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4. The Developer shall contribute to the County the sums of money ("Contribution Amount") toward the Intersection Improvements specified in Exhibit "B". For the purposes of calculating Developer's Contribution Amount, the parties shall use the Developer' s Traffic Impact Analysis dated December 2005 and the law in effect at that time. 5 . The Developer' s obligation with respect to the Intersection Improvements and Contribution Amounts specified in this Agreement shall be deemed satisfied so long as Developer is in compliance with this Agreement. Developer shall have no further obligations, not shall Developer be required to make any additional contributions, with respect to Roadway Improvements in Indian River County other than as stated in this Agreement, except that Developer shall be required to comply with the "State Road 60 Interest Share Fee Ordinance", by paying any fees required thereunder; and except that if Developer elects not to construct 26h Street as described in Section C. I.(b) above, then the Developer may be subject to the County's Proportionate Share Fee Ordinance. D. Stormwater Management: The Developer agrees to incorporate, at no cost to the County, sufficient capacity in Heritage Reserve to provide stormwater treatment and storage from that section of 26`h Street expanded to four lanes between 58`h Avenue and 43`d Avenue. The Developer shall have the responsibility to design, permit, and install any drainage improvements required to direct the stormwater from the impervious area constructed by the Developer to the approved stormwater management system . E. County Purchase of Right-of-Way from Developer: The County agrees to purchase the right-of-way on 26`h Street, 43`d Avenue and on 58`h Avenue described and shown on Composite Exhibit "C" attached hereto and made a part hereof for a purchase price of Fifty Thousand and No/100 Dollars ($50,000.00) per acre or fractional part thereof. The property to be purchased as right-of-way consists of 3.33 acres or 145,107 .7 square feet with a purchase price of One Hundred Sixty-six Thousand Five Hundred and No/100 Dollars ($ 166,500.00). The Developer shall convey title by Special Warranty Deed and shall provide title insurance at its own cost, and shall pay for documentary stamps. County shall pay all other costs. Closing shall occur on or before December 30, 2008, failure of which shall terminate the obligation of the Developer to convey said right-of-way to the County under the terms and conditions stated herein. F. Impact Fees for 26`h Street Improvements : Developer shall receive traffic impact fee credits for the costs approved by the County for the design and construction — including rigbt-of-way acquisition — of the 26`h Street Improvements described in paragraph C. Should the total cost of construction of 26`h Street Improvements exceed the amount of traffic impact fees to be paid by Developer, the Developer will be paid as follows in paragraph G. G . 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). H. 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 4