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acknowledged, the County and the Developer do hereby covenant, stipulate, and agree as <br /> follows: <br /> 1. Recitals: The foregoing recitals are incorporated as if fully restated herein. <br /> 2. Intersection Improvements: Developer shall contribute the following sums of <br /> money or construction or both toward the Intersection Improvements specified <br /> below. County acknowledges that the contributions or construction or both <br /> described herein satisfy the Developer's entire obligation with respect to off-site <br /> intersection improvements through build-out of Providence Pointe, except to the <br /> extent that additional property or residential units or commercial development <br /> may be added to Providence Pointe in the future. The County shall not withhold <br /> any approval or permit, nor shall it deny any concurrency certificate, because of <br /> the condition or state of any intersection in the County as long as the Developer is <br /> in compliance with this Developer's Agreement. <br /> A. 41St Street and 58th Avenue: (1) Prior to the issuance of a <br /> Certificate of Completion ("CC") for Phase I of the Conceptual <br /> Plan, Developer shall optimize the signal timing at this <br /> intersection. (2) Prior to ,the issuance of a Certificate of <br /> Completion for Phase II, as depicted on the Conceptual Plan, the <br /> Developer shall construct a northbound right turn lane and shall <br /> optimize the signal timing at this intersection. If the County has not <br /> obtained the right-of-way needed for the Developer to construct a <br /> northbound right turn lane as described herein, then the Developer <br /> shall contribute the estimated cost for the design and construction <br /> of the right turn lane to the County, as determined by a certified <br /> cost estimate prepared by the project engineer and approved by the <br /> County. (Wherever used in this Agreement, costs for "design" or <br /> "construction" or both shall not include right-of-way acquisition <br /> costs.) <br /> B. 45th Street and 58th Avenue: Prior to the issuance of a CC for Phase <br /> I as depicted on the Conceptual Plan, or within ninety (90) days <br /> after the County provides the Developer with a fully executed <br /> construction contract for the ultimate intersection and <br /> improvements which include left turn lanes from all approaches, <br /> whichever occurs first, the Developer shall contribute 13.9% of the <br /> estimated construction costs as the Developer's Cost Share. <br /> C. 49th Street and 58th Avenue: <br /> (1) Prior to the issuance of a CC for Phase IA as depicted on <br /> the Conceptual Plan, the Developer shall obtain a permit <br /> jAbruce\clients\providence pointe-barile\developer's agreement clean 10.28.14.docx <br /> 2 <br />