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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. C. The Developer agrees to plan, survey, design, permit, and construct the Intersection Improvements at 45`h Street and 58`h 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 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. 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 shall not withhold any approval or permit because of the condition of any intersection so long as the Developer is in compliance with this Amended Agreement. 5. 53`d Street: The Developer will plan; provide right-of-way (without compensation); design; permit; and construct 53`d Street as a 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 design of the bridge across the Lateral H and North Relief canals; and (b) submit engineering plans to the County for its review and approval prior to the commencement of construction of 53`d Street. Utility relocation shall be included. A. The County shall have the right to approve the scope of work and compensation for the design and engineering phase of this project. The County "M1131011A9 Page 5 of 14