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shall not unreasonably withhold or delay such approval. Failure to reply to the Developer within thirty (30) days shall constitute approval. B. The Developer and the County shall share equally the cost of construction, design, and engineering of 53`d Street from 58`h Avenue to the east property line of Waterway Village; provided, however, that the County's obligation for the cost of landscaping shall be limited to one-half of $100,000.00 per mile. The Developer shall fund and install all border landscaping. C. The Developer shall have no responsibility for the design, engineering, or construction costs of 53`d Street east of the Developer's east property boundary, or for the bridges across Lateral H and North Relief canals. D. The Developer's obligation with respect to 53`d Street, identified in the Amended and Restated Development Order and otherwise, shall be deemed satisfied so long as the Developer is in compliance with this Amended Agreement, and the County shall not withhold any approval or permit because of the condition of 53`d Street as long as the Developer is in compliance with this Amended Agreement. E. At the time the County accepts title or dedication from the Developer for the 53`d Street right-of-way, the County shall execute a release of any interest the County has in Murphy Act right-of-way for the existing 53`d Street located in Sections 21 and 22, Township 32, South, Range 39 East, Indian River County, Florida, including, but not limited to, the reservation of road right- of-way described in Deed Book 66 Page 35, Deed Book 67 Page 267 and Deed Book 60 Page 86, Public Records of Indian River County, Florida. F. The construction of 53`d Street as described above will require the excavation of a lake to receive the drainage from 53`d Street ("the Lake"). The Developer agrees to dig the Lake, to install the required drainage pipes from 53`d Street, and to allow 53`d Street to drain into the Lake and thereafter to furnish appropriate easements to the County for the use, maintenance and replacement of such piping. The County agrees that the mining activities associated with extracting and transporting of this fill will not be charged against the limited duration of the incidental to construction mining permits issued to the Developer for the development. G. The Developer agrees to furnish the County fill (not to exceed 100,000 cubic yards) for use by the County in the construction of 53`d Street east of the Lateral H. Canal. The fill will be at no cost to the County but the County will be responsible for arranging and paying for the costs of loading and transporting the fill. The County agrees that the mining activities associated with extracting and transporting of this fill will not be charged against the limited duration of the incidental to construction mining permits issued to the Developer for the development. RM:7031940:9 Page 6 of 14