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The two dates specified in n ragr=hs 3 , A,.(ii ) ( vii ) are the date between which building permits for the development cpec ; fierl , each 1 V Y lO1 Vll must be nulled in order to maintain the vesting of the applicable dwelling -nits or nonresidential development The vesting provided for in paragraphs. 33 A (i ) — (vii ) shall lapse for dwelling units or nonresidential development for which a b_ u • lding permit has not been pulled before the expiration of the applicable vested ergo C An approved use may be exchanged for any other approved u e o long as the exchange of uses does not generate additional net external r m , eek generate u lu yarn hour trips . D The Counjy acknowledges that it has loaded all of the tj;ps from the 1 . 596 dwelling units , the recreational/clubhrnlce use and the in site srhnnl � ; +o ; ,, vl Waterway Village onto its road system for cons irrency modeling and those spective uses shall remain vested and reserved for the Waterway Village DRI until the timeframes to pull building pernnits as set forth in Subsection 3 . A-. .a hove have expired . E . The Developer acknowledges that Waterway Village is vested on ] for traffic concurrency and will not be vested for other facilities pursuant to this Agreement or the DRI Development Order. Waterway Village may become vested for all other facilities at any time by the Developer applying for a concurrency certificate -under the County ' s concurrency management system obtaining approval for such certificate based upon availability of capacity, anra dying all other impact fees . 4 . Intersection Improvements : The County and the Developer desire to address the conditions of the Amended and Restated Development Order relating to intersection improvements as follows : A. The Developer agrees to plan, survey, design, permit, and construct the intersection improvements identified in Exhibit "B " on or before the date or event specified in the Amended and Restated Development Order. Prior to construction, the Developer shall relocate all conflicting utilities . T e Developer also agrees to identify needed right-of--way, prepare legal descriptions and parcel sketches , prepare appraisals , negotiate and obtain county approval of purchase prices , and acquire the needed right- of-way. The Developer shall invoice t i County for costs of appraisals and for closing costs , including purchase price, and the County shall reimburse the Developer pursuant to paragraph below . If c'' " 3cthe Developer is unable to acquire the needed right- of-way or if the County disapproves a reimbursable cost, the County agrees to initiate the eminent domain process within thirty (30) days notice by he Developer that the right- of--way could not be acquired through negotiation . The County, through its Public Works Director or his designee, shall have RM: 73 7539 1 : 1 +2 Page 4 of - -() 1