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' o fenthi> (4-4/ LQ) days to review and approve reimbursable costs . Failure to reply to the Developer within &.n h ri -ty (; a days shall constitute approval . B . The Developer shall contribute to the County the following sums of money toward the Intersection Improvements specified below (" Contribution Amount") . The Developer shall not receive compensation or impact fee credits for these Contribution Amounts . See Exhibit "C " attached hereto and made a part hereof. Co The Developer agrees to plan, survey; design, permit, and construct the Intersection Improvements at 45th Street and 58th Avenue on or before the date or event specified in the Amended and Restated Development Order, provided, however, that the County shall be responsible for and shall pay 81 . 93 % of such costs . The County shall be responsible for 100% of the costs for appraisals, closing costs, and the purchase =price if - additional right- of-way is acquired by the Developer. If additional right-of-way is required to make the Intersection Improvements, the Developer agrees to identify the required 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 County shall be responsible for 100 % of appraisal costs and closing costs, including purchase price, _ for - such additional right-of--way; and the County shall reimburse the Developer pursuant to paragraph 7�8 below. If the 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 the_ Developer that the right- of-way could not be acquired through negotiation . The eoiCoun =y, through its Public Works Director or his designee, shall. . have : eeRthi> (4-4 =0) days to review and approve reimbursable costs . Failure to reply to the Developer within fx rthi (4 RO) days shall constitute approval . - D . The Developer ' s obligation with -respect . to the Intersection Improvements identified in the , -Amended and Restated Development Order, paragraphs 16 , 19 through 29 , shall be deemed satisfied so long as the Developer is in compliance with this Amended - Agreement- - - The County sh -11 not withhold any approval or permit because of the condition of any intersection iso long as the Developer is in compliance with . this ended Agreement. 3-1 5 , 53rd Street : The Developer _ . will plan; provide right- of-way (without compensation) ; design; penzl>.t; - and construct 53 ' _Street as 9 - four-lane divided roadway from 58 `h Avenue east to the Developer ' s eastern boundary according to the timetable and/or event schedule approved , by the County in the Amended and . Restated Development Order, The Developer shall : (a) work with the County ' s. Engineer to coordinate the roadway design with ,the Tdesign _of the bridge across the Lateral H and North Relief canals ; and (b) ' submit engineering plans to the County for its : review and RM: 7375391 : 1 .�4 Page 5 of -(-�� l 6