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with accelerating permitting and design for the subject improvements. The total costs associated with accelerating the 58th Avenue Section I and Section II Improvements are estimated to be $15,000. Such payment shall be made within 60 days of approval of the Second Amendment to the Development Order, subject to no appeals. If such payment is not made by such date, no final certificates of occupancy shall be issued for the Development until the 58th Avenue Section II Improvement is underway. As an alternative, if Indian River County amends its Concurrency Management System within the parameters set forth in Rule 9J -5.0055(3)(c), F.A.C. (that is, such improvement is guaranteed to be in place or under actual construction within 3 years after issuance of a certificate of occupancy or its functional equivalent), as it may be amended from time to time, which would allow for issuance of final certificate(s) of occupancy prior to construction of the 58th Avenue Section II Improvement being underway then the Developer shall be entitled to a final certificate(s) of occupancy in accordance with the Concurrency Management System, as modified. It is estimated that the 58th Avenue Section II Improvement shall be completed from an operational standpoint within eighteen (18) months of commencement of construction of the 58th Avenue Section II Improvement. For the 58th Avenue Section II Improvement, the County shall obtain from the contractor surety in the form of a performance bond, letter -of -credit, or other surety. Completion of the 58th Avenue Section II Improvement from an operational standpoint shall fully satisfy this condition of the Development Order. D. Paving of 26th Street Between 66th Avenue and 58th Avenue: The improvement shall consist of the paving of 26th Street from 66th Avenue (including intersection improvements at 66th Avenue/26th Street) to the western approach of the 26th Street/58th Avenue intersection as a two-lane collector street with swale drainage within an approximately eighty (80) foot right-of-way (the "26th Street Improvement"). The 26th Street Improvement is depicted on Exhibit "A", attached hereto and incorporated herein. The County agrees to design, acquire necessary right-of-way and temporary construction easements, obtain permits for and construct the 26th Street Improvement. The Developer will provide the design for the box culvert which will carry 26th Street over Lateral Canal "A". The 26th Street Improvement shall be designed in accordance with applicable County standards. The County agrees to pursue acquisition of necessary right-of-way and temporary construction easements for the 26th Street Improvement under the established Indian River County petition paving program (the "Petition Paving Program"). The Developer shall use its best efforts to assist the County in obtaining necessary right-of-way for the 26th Street Improvement under the established Petition Paving Program. The County agrees that, if it has not acquired all necessary right-of-way and temporary construction easements through the Petition Paving Program by September 1, 1995, County shall file a petition in eminent domain and shall utilize the "quick take" procedures available under Chapter 74, Florida Statutes, CODING: Blocked -out wording is to be deleted. Words underlined are additions. 4