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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 43`d 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 491h Street <br />to 571h Street, prepared by Kimley-Horn, project number 147282003 <br />("Kimley-Horn Plans") to include improving the intersections at <br />491h Street & 581h Avenue and at 53`d Street & 58th Avenue, both to <br />an ultimate four -lane divided configuration with left turn lanes on <br />all approaches, at Developer's own expense; however, Developer <br />shall receive traffic impact fee credits as described in Section 7.A. <br />of the Developer's Agreement. Said construction shall commence <br />no later than December 1, 2019 ("Commencement Date"), and shall <br />be completed within twelve (12) months of commencement, <br />provided that said construction may not be completed within twelve <br />(12) months to the extent that it ties to the Developer's obligations <br />pursuant to Section 2 of this Second Addendum. If additional right- <br />of-way is required to construct the improvements described in this <br />paragraph and the County has not acquired such right-of-way before <br />the Commencement Date, then the Commencement Date shall be <br />extended until such time as the required right-of-way is acquired by <br />the County. To the extent that Developer does not need impact fee <br />credits, based upon the number of residences or of commercial space <br />contemplated for Waterway Village, or to the extent that <br />impact fee credits are insufficient to fully compensate Developer for <br />reimbursable expenses associated with construction of this <br />Developer's Segment, including intersection improvements, the <br />County shall reimburse the Developer in accordance with the local <br />Government Prompt Payment Act, and according to the procedures <br />3 <br />ffm <br />