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in exercising its powers of eminent domain, in order to acquire all necessary riqht-of-way and temporary construction easements for the 26th Street Improvement, subject to a Court finding of public purpose and public necessity. O Any costs over and above fair market value for such right-of-way , such as expert fees, appraisal costs, attorneys fees and court costs associated with ri•ht-of-wa takin•s shall be borne b the Develo No settlement prior to jury award shall occur without the prior approval of the Developer. The County shall also be responsible for relocation of any existing utilities and/or installation of any new utilities, including but not limited to water and wastewater lines and facilities. The Developer, at its option, may elect to pay the County's costs associated with the intersection improvements at 66th Avenue/26th Street (in lieu of being assessed for such improvements). The County shall complete construction of the 26th Street Improvement from an operational standpoint by September 1, 1996. If a contractor is used for the 26th Street Improvement, the County shall obtain from the contractor surety in the form of a performance bond, letter -of - credit, or other surety. No final certificates of occupancy shall be issued for the Development until the 26th Street Improvement is constructed from an operational standpoint (temporary or conditional certificates of occupancy may be issued for purposes other than opening buildings to the public, such as for purposes of training employees, receiving inventories, stocking shelves and displays, and similar preparation activities prior to opening to the public, in accordance with applicable Indian River County Codes). The completion of the 26th Street Improvement from an operational standpoint shall fully satisfy this condition of the Development Order. E. Intersection Expansion at 26th Street/Northern Project Entrance: 1. The County shall design and obtain permits for the portion of the intersection expansion at the 26th Street/northern project entrance (Access A) that is within county road right-of-way (the "26th Street/Northern Project Entrance Improvement"). The 26th Street/North Project Entrance Improvement is depicted on Exhibit "A", attached hereto and incorporated herein. The 26th Street/Northern Project Entrance Improvement shall be designed in accordance with applicable Indian River County standards. The County shall construct the portion of the 26th Street/Northern Project Entrance Improvement within the 26th Street road right-of-way. The Developer shall pay for the westbound to southbound left turn lane improvement servicing the northern project entrance. The Developer shall construct the portion of the 26th Street/Northern Project Entrance Improvement within the Property (Access A) and shall construct CODING: Blocked -out wording is to be deleted. Words underlined are additions. 5