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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. 53rd 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 53r1 <br />Street, for a distance of approximately 900 feet west of 58t1i <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) <br />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) <br />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 53rd 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 />j:\brace\clients\providence pointc-barite\developer's agreement clean 10.28.14.docx <br />3 <br />60 <br />