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condition or state of any intersection in the County as long as the Developer is in compliance with this Developer's Agreement. A. Prior to the request for Certificate of Completion for Phase II of the conceptual plan, the Developer's Engineer shall submit a conceptual design plan for the proposed north bound right turn lane at 41 st St. and 58th Avenue so that the county may agree to a layout and commence to address any right- of-way needs. Prior to the issuance of a Certificate of Completion for Phase III of the conceptual plan, Developer shall either construct a northbound right turn lane or escrow the estimated cost for the design and permitting of said northbound right turn lane with the county." At its own cost and expense, County shall obtain the right-of-way needed to construct the North -bound right turn lane once the Developer brings forth their conceptual plan for the North -bound right turn lane. B. Prior to the issuance of a Certificate of Completion for Phase IV, Developer shall pay 13.9% of the ultimate intersection actual contract costs. If a contract has not been executed, the amount to be placed in escrow shall be based on a Professional Engineer's cost estimate using the latest 45th Street Improvements design, which County shall provide to Developer at Developer's request prior to commencement of Phase IV." C. Prior to the issuance of a Certificate of Completion for Phase I, the Developer pay 14.7% of the cost in the amount of $410,683.89 for the ultimate intersection improvements at 49th St. and 58th Ave., including left turn lanes from all approaches, based upon actual contract costs as previously completed." D. Developer and County agree that the County has completed the intersection improvements and has constructed 53rd St., west from 58th Ave. for a distance of 300 feet at the County's own cost and expense, and County shall not seek reimbursement for such costs or expenses. Prior to issuance of a Certificate of Completion for Phase II, Developer shall, at its own cost and expense, either construct the continuation of 53rd St., westerly for a distance of 600 feet as a four -lane road to the Project's westernmost connection to 53rd St., or, if in conjunction with another developer participate in the development of said road segment as a four -lane road, with a transition to a two-lane road at the end of the 600 foot project. Developer shall not seek reimbursement from the County for the cost of design permitting and construction of the two-lane portion of said road. Commencing from the 53rd St. required improvements, Prior to the issuance of a Certificate of Completion for Phase III, Developer shall escrow Developer's fair share (37.5% of funds) to construct 53rd St. as a two-lane road from the point where the paved improvement described herein ends to the point which is 2,454 feet west of the Project's east property line as based upon a conceptual rendering provided by the Developer's Engineer and agreed upon by the 2