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Paragraph 10 of the Agreement shall read as follows : <br /> 10 . Sidewalk Construction . DEVELOPER shall convey an additional 10' of right-of- <br /> way to COUNTY along the entire length of the northern property line of the development <br /> for construction of a public sidewalk. DEVELOPER shall plan , design and construct an 8' <br /> wide concrete sidewalk on the right-of-way conveyed and the sidewalk shall be dedicated <br /> to COUNTY for use by the public . DEVELOPER shall also plan , design and construct 5' <br /> wide side walks along the DEVELOPER' S 27th Avenue SW and 21st Street SW frontage <br /> for each phase of the Development. The county has plans to improve 20th Avenue SW <br /> along the projects border. Developer and County agree that the contractor awarded shall <br /> be responsible for construction of the 5 ' sidewalk along Developer' s frontage at 20th <br /> Avenue SW. Rather than construct this sidewalk, Developer shall contribute the amount of <br /> $ 125 , 000 . 00 . Payment of this amount shall satisfy Developer's obligation as to <br /> construction of the 5 ' sidewalks along the project's 20th Avenue SW border. DEVELOPER <br /> shall make payments in the amounts indicated above on or before December 1 , 2006 . <br /> C . Except as supplemented herein , the terms and conditions of the Agreement shall <br /> remain in full force and effect . To the extent of any conflict between the terms of this <br /> Amendment and the terms of the Agreement, the terms of this Amendment shall control . <br /> IN WITNESS WHEREOF , this Third Amendment to Agreement is executed by the <br /> authorized representatives of the parties as of the day and year first above written . <br /> 3 <br /> CADocuments and Settings\RCohen\Local SettingslTemporary Internet Files\OLK124\Falcon Trace 3rd amended agreement clean.doc <br />