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must be pulled in order to maintain the vesting of the applicable dwelling units or nonresidential development. The vesting provided for in paragraphs 3.A.(i) — (vii) shall lapse for dwelling units or nonresidential development for which a building permit has not been pulled before the expiration of the applicable vested period. C. An approved use may be exchanged for any other approved use so long as the exchange of uses does not generate additional net external p.m. peak hour trips. D. The County acknowledges that it has loaded all of the trips from the 1,596 dwelling units, the recreational/clubhouse use, and the school site in Waterway Village onto its road system for concurrency modeling, and those respective uses shall remain vested and reserved for the Waterway Village DRI until the timeframes to pull building permits as set forth in Subsection 3.A. above have expired. E. The Developer acknowledges that Waterway Village is vested only 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, and paying 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. The 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 the County for costs of appraisals and for closing costs, including purchase price, and the County shall reimburse the Developer pursuant to paragraph 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 County, through its Public Works Director or his designee, shall have thirty (30) days to review and approve reimbursable costs. Failure to reply to the Developer within thirty (30) days shall constitute approval. ¢2=1137L•SDM Page 4 of 14