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B . The Developer shall contribute to the County the following sums <br /> of money toward the Intersection Improvements specified below ("Contribution <br /> Amount") . The Developer shall not receive compensation or impact fee credits <br /> for these Contribution Amounts . <br /> See Exhibit "C" attached hereto and made a part hereof. <br /> C . The Developer agrees to plan , survey, design, permit, and <br /> construct the Intersection Improvements at 45th Street and 58th Avenue on or <br /> before the date or event specified in the Amended and Restated Development <br /> Order, provided, however, that the County shall be responsible for and shall pay <br /> 81 . 93 % of such costs . The County shall be responsible for 100% of the costs for <br /> appraisals , closing costs , and the purchase price if additional right- of- way is <br /> acquired by the Developer. If additional right- of-way is required to make the <br /> Intersection Improvements , the Developer agrees to identify the required right-of- <br /> way, prepare legal descriptions and parcel sketches , prepare appraisals , negotiate <br /> and obtain County approval of purchase prices, and acquire the needed right-of- <br /> way. The County shall be responsible for 100 % of appraisal costs and closing <br /> costs , including purchase price, for such additional right-of- way, and the County <br /> shall reimburse the Developer pursuant to paragraph 8 below . If the Developer is <br /> unable to acquire the needed right-of- way or if the County disapproves a <br /> reimbursable cost, the County agrees to initiate the eminent domain process <br /> within thirty (30) days notice by the Developer that the right-of-way could not be <br /> acquired through negotiation . The County, through its Public Works Director or <br /> his designee, shall have thirty (30) days to review and approve reimbursable costs . <br /> Failure to reply to the Developer within thirty ( 30) days shall constitute approval . <br /> D . The Developer' s obligation with respect to the Intersection <br /> Improvements identified in the Amended and Restated Development Order, <br /> paragraphs 16 , 19 through 29 , shall be deemed satisfied so long as the Developer <br /> is in compliance with this Amended Agreement . The County shall not withhold <br /> any approval or permit because of the condition of any intersection so long as the <br /> Developer is in compliance with this Amended Agreement . <br /> 5 , 53rd Street : The Developer will plan ; provide right-of-way (without <br /> compensation) ; design ; permit ; and construct 53rd Street as a four- lane divided roadway <br /> from 58th Avenue east to the Developer ' s eastern boundary according to the timetable <br /> and/or event schedule approved by the County in the Amended and Restated <br /> Development Order. The Developer shall : (a) work with the County ' s Engineer to <br /> coordinate the roadway design with the design of the bridge across the Lateral H and <br /> North Relief canals ; and (b) submit engineering plans to the County for its review and <br /> approval prior to the commencement of construction of 53rd Street . Utility relocation <br /> shall be included . <br /> A . The County shall have the right to approve the scope of work and <br /> compensation for the design and engineering phase of this project . The County <br /> RM : 7031940 :9 <br /> Page 5 of 14 <br />