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1. Recitals: The foregoing recitals are incorporated as if fully restated herein. 2. County acknowledges that approximately 1,289 feet of right of way for 53`d Street has already been dedicated to the County along a portion of the Project's southern border recorded at O.R. Book 3058, Page 293, Public Records of Indian River County. Developer shall, withir�k4 days of approval of this Agreement, , dedicate to the County 120 feet of right of way for 53`d Street along the remainder of theP-;I�� Project's southern border. OV 3. The Developer acknowledges that the County has constructed a 300 -foot four -lane segment of 53`d Street, west of 58th Avenue, along with full signalization of the intersection, as part of the 58t' Avenue widening project to accommodate future development of this project. 4. Prior to the issuance of a certificate of completion for Phase 1 of the project, the Developer shall design, permit, and construct the continuation of the roadway improvements from the west leg of the intersection of 53rd Street and 58th Avenue as a two-lane road to the Project's main entrance on 53rd Street for a distance of approximately 800 feet west of 58th Avenue together with a transition lane from the existing four -lane road to the two lane extension to the Developer's main entrance in accordance with design and engineering plans that shall be approved through the County right-of-way permitting process in accordance with Chapter 312 of the Indian River County Code of Ordinances, of which review and approval shall not be unreasonably withheld or delayed. All such plans shall include the required sidewalks on the north side of the road. Failure by the County to reply to the Developer's completed submission of such plans and specifications within 30 days per submittal shall constitute approval. 5. The Developer shall receive traffic impact fee credits for all design, engineering, permitting, and construction costs associated with the 53`d Street improvements described herein paid or contributed by the Developer, except for those costs associated with site related turn lanes or other site related improvements; and any landscaping in excess of the landscaping required by County Ordinance. These shall be considered "non -reimbursable costs"." 6. Prior to the issuance of a certificate of completion for Phase 1 of the Project, the Developer shall complete, at its own cost and expense, the following turn lane improvements: a. Westbound right turn lane at the Project's full access connection to 53rd Street, b. Eastbound left turn lane at the Project's full access connection to 53rd Street, c. Westbound right turn lane at the Project's right in/right out connection to 53rd Street, located approximately 350 feet west of 58th Avenue Right-of-way. Mandala Village DA 9-8-22 2 of 7