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and install a temporary traffic signal consisting of a box- <br /> span wire at this intersection. <br /> (2) Prior to the issuance of a CC for Phase IA as depicted on <br /> the Conceptual Plan, or within ninety (90) days after the <br /> 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 <br /> approaches, whichever occurs first, the Developer shall <br /> contribute 14.7% of the estimated construction costs as the <br /> Developer's Cost Share. <br /> D. 53`d Street and 58th Avenue: Prior to the issuance of a CC for Phase <br /> IA as depicted on the Conceptual Plan, the Developer agrees to <br /> plan, survey, design, permit, and construct intersection <br /> improvements consisting of the west leg of the intersection as a <br /> four lane road to the project's westernmost connection to 53`d <br /> Street, for a distance of approximately 900 feet west of 58th <br /> Avenue, together with an additional transition from a 4-lane road <br /> to a 2 lane road, provided, however, that the County shall be <br /> responsible for and shall pay fifty percent (50%) of all such costs, <br /> subject to the following additional terms and conditions: <br /> (1) The County's obligation for the cost of landscaping and <br /> irrigation shall be limited to fifty percent (50%) of <br /> $100,000.00 per mile. <br /> (2) The County shall not be obligated to share in the cost of <br /> site related roadway improvements, such as turn lanes into <br /> the project. <br /> (3) The County shall have the right to approve the scope of <br /> work and compensation for the design and engineering <br /> phase of the project. The County shall not unreasonably <br /> withhold or delay such approval. Failure to reply to the <br /> Developer within thirty (30) days after the submittal of <br /> design and engineering plans shall constitute approval. <br /> (4) The Developer shall have no responsibility for the design <br /> or engineering of 53`d Street west of the Developer's actual <br /> construction of the west leg of the intersection as described <br /> herein; however, prior to or concurrently with final plat <br /> approval for Phase IIA as shown on the conceptual PD <br /> plan, the Developer shall be required to escrow funds with <br /> jAbruce\clients\providence pointe-barile\developer's agreement clean 10.28.14 docx <br /> 3 <br />