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• <br />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 />j:\bruce\clients\providence pointe-barite\developer's agreement clean 10.28.14.docx <br />2 <br />59 <br />