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Clean 9.13.18 1. The foregoing recitals are incorporated as if fully restated herein. 2. A. Developer agrees to design, permit, and construct 58th Avenue as a four -lane roadway between Station 155+00 and Station 182+00 ("County's Segment") as depicted on the Waterway Village 58th Avenue Roadway Improvements 49th Street to 57th Street, prepared by Kimley-Horn, project number 147282003 ("Kimley-Horn Plans"), to include improving the intersection at 57th Street and 58th Avenue to an ultimate four -lane divided configuration with left turn lanes on all approaches. County acknowledges that neither design, permitting, nor construction of this roadway section is an obligation of the Developer pursuant to the Development Order, and that neither the commencement nor the completion of these improvements shall affect issuance of building permits, certificates of occupancy, or any other approval process concerning Waterway Village. B. The County shall be responsible to coordinate the relocation of any utilities which conflict with the proposed construction within the County's Segment. As used herein "utilities" shall include but not be limited to, water, sewer, force mains, electric service, cable, gas, and all other public service, whether owned by Indian River County or privately owned. County agrees to assist Developer to coordinate relocation of any public or private utilities. C. The County shall be responsible for acquiring any additional right- of-way necessary or appropriate to complete the construction. D. 1. The County shall reimburse the Developer for all Design and Construction Costs associated with the project for the County's Segment including improving the intersection at 57th Street and 581h Avenue to an ultimate four -lane divided configuration with left turn lanes on all approaches. The cost of design is estimated at Two Hundred Thirty Three Thousand Seven Hundred Five 00/100 Dollars ($231,311.00), as provided from Kimley-Horn and Associates in the attached Exhibit A dated August 24, 2018. 2. The Developer shall invoice the County for all costs to be reimbursed by the County as draws throughout the design, permitting, and construction of this roadway segment. Any invoice submitted by the Developer to the County for County's payment shall be reimbursed by the County according to the Prompt Payment Act (Section 218.70-218.80, Florida Statutes, 2017), and not with impact fee credits. County hereby designates its Public Works Director to receive invoices from the Developer. The Public Works Director shall have twenty-one (21) days to review and approve reimbursable costs or to request revisions or additional information. 3. Section 4.13. of the Developer's Agreement is hereby amended and restated as follows: 2