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The County shall commence construction of the 58th Avenue <br />Section I Improvement no later than September 1, 1996, <br />subject to the Developer paying costs associated with <br />accelerating permitting and design for the subject <br />improvements. The total costs associated with <br />accelerating the 58th Avenue Section I and II <br />Improvements are estimated to be $15,000. Such payment <br />shall be made within 60 days of approval of the Second <br />Amendment to the Development Order, subject to no <br />appeals. If such payment is not made by such date, no <br />final certificates of occupancy shall be issued for the <br />Development until the 58th Avenue Section I Improvement <br />is underway. As an alternative, if Indian River County <br />amends its Concurrency Management System within the <br />parameters set forth in Rule 9J -5.0055(3)(c), F.A.C. <br />(that is, such improvement is guaranteed to be in place <br />or under actual construction within 3 years after <br />issuance of a certificate of occupancy or its functional <br />equivalent), as it may be amended from time to time, <br />which would allow for issuance of final certificate(s) of <br />occupancy prior to construction of the 58th Avenue <br />Section I Improvement being underway then the Developer <br />shall be entitled to a final certificate(s) of occupancy <br />in accordance with the Concurrency Management System, as <br />modified. <br />It is estimated that the 58th Avenue Section I <br />Improvement shall be completed from an operational <br />standpoint within eighteen (18) months of commencement of <br />construction of the 58th Avenue Section I Improvement. <br />For the 58th Avenue Section I Improvement, the County <br />agrees to obtain from the contractor surety in the form <br />of a performance bond, letter -of -credit, or other surety. <br />Completion of the 58th Avenue Section I Improvement from <br />an operational standpoint shall fully satisfy this <br />condition of the Development Order. <br />C. Four -lane 58th Avenue from SR 60 to 16th Street: <br />The County shall acquire necessary right-of-way and <br />temporary construction easements, design, obtain permits <br />for and construct a four -lane section of 58th Avenue from <br />the northern approach of the 58th Avenue/ SR 60 <br />intersection to the southern approach of the 58th <br />Avenue/16th Street intersection (the "58th Avenue Section <br />II Improvement"). The 58th Avenue Section II Improvement <br />is depicted on Exhibit "A", attached hereto and <br />incorporated herein. The 58th Avenue Section II <br />Improvement shall be designed in accordance with adopted <br />Indian River County standards. <br />The County acknowledges that the 58th Avenue Section II <br />Improvement is included within the first three years of <br />Indian River County's adopted CIP. <br />No final certificates of occupancy shall be issued for <br />the Development until construction of the 58th Avenue <br />Section II Improvement is underway (temporary or <br />conditional certificates of occupancy may be issued for <br />purposes other than opening buildings to the public, such <br />as for purposes of training employees, receiving <br />inventories, stocking shelves and displays, and similar <br />preparation activities prior to opening to the public, in <br />accordance with applicable Indian River County Codes). <br />County agrees to commence construction of the 58th Avenue <br />Section II Improvement J no later than September 1, <br />1996, subject to the Developer paying costs associated <br />CODING: Blocked -out wording is to be deleted. Words underlined <br />are additions. <br />3 <br />