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Clean 9.13.18 <br />The Developer shall contribute to the County the following sums <br />of money toward the intersection improvements specified below <br />("Contribution Amount"). The Developer shall not receive <br />compensation or impact fee credits for these Contribution <br />Amounts. <br />Intersection Improvements Developer Contribution <br />S.R. 60 and 43rd Avenue $153,300.00 <br />S.R. 60 and 58th Avenue $110,400.00 <br />(Exhibit "C" is hereby deleted) <br />4. Section 4.C. of the Developer's Agreement is hereby deleted, the parties <br />having agreed the Developer has complied with this section to the degree <br />feasible. <br />5. Section 6 of the Developer's Agreement is hereby amended and restated as <br />follows: <br />The Developer shall construct the improvements between Station <br />102+75 and 155+00 ("Developer's Segment") as depicted on the <br />Waterway Village 58th Avenue Roadway Improvements 49th Street <br />to 57th Street, prepared . by Kimley-Horn, project number <br />147282003 ("Kimley-Horn Plans") to include improving the <br />intersections at 49th Street & 58th Avenue and at 53rd Street & 581h <br />Avenue, both to an ultimate four -lane divided configuration with <br />left turn lanes on all approaches, at Developer's own expense; <br />however, Developer shall receive traffic impact fee credits as <br />described in Section 7.A. of the Developer's Agreement. Said <br />construction shall commence no later than December 1, 2019 <br />("Commencement Date"), and shall be completed within twelve <br />(12) months of commencement, provided that said construction <br />may not be completed within twelve (12) months to the extent that <br />it ties to the Developer's obligations pursuant to Section 2 of this <br />Second Addendum. If 'additional right-of-way is required to <br />construct the improvements described in this paragraph and the <br />County has not acquired such right-of-way before the <br />Commencement Date, then the Commencement Date shall be <br />extended until such time as the required right-of-way is acquired <br />by the County. To the extent that Developer does not need impact <br />fee credits, based upon the number of residences or of commercial <br />space contemplated for Waterway Village, or to the extent that <br />impact fee credits are insufficient to fully compensate Developer <br />for reimbursable expenses associated with construction of this <br />Developer's Segment, including intersection improvements, the <br />3 <br />