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>t <br /> AGREEMENT: <br /> For and in consideration of the mutual promises contained herein, and other good and valuable <br /> consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as <br /> follows : <br /> 1 . Recitals . The foregoing recitals are hereby incorporated as if fully restated herein . <br /> 2 . Additional Improvements . The CURRENT PLANNED IMPROVEMENTS are hereby <br /> modified to include (i) turn lane improvements within the Oslo Road and 43rd Avenue Southwest right- <br /> of-way, and (ii) raise the elevation of the proposed roadway to provide access to the development ' s <br /> future bridge connection, as are more particularly described on the plans attached hereto and made a <br /> part hereof as Exhibit "A" (REVISED PLANS DATED 1 /4/04") , which REVISED PLANS have been <br /> prepared by KIMLEY at DEVELOPER ' S expense, and COUNTY hereby accepts and approves the <br /> REVISED PLANS , <br /> 3 , DEVELOPER' S Obligations . DEVELOPER agrees to obtain the necessary permit <br /> modifications and/or other approval for the modified PLANS FOR ADDITIONAL IMPROVEMENTS <br /> accordance with all requirements of all applicable federal , state and local laws , statutes, ordinances and <br /> regulations . <br /> 4 . COUNTY ' S Obligations . COUNTY agrees to construct or cause to construct the turn <br /> lane and pavement improvements pursuant to the Plans for Additional Improvements . <br /> 5 . Cost of Additional Improvements . Developer agrees to pay the additional costs to be <br /> incurred by COUNTY for the construction of the turn lane and pavement improvements pursuant to the <br /> PLANS FOR ADDITIONAL IMPROVEMENTS as are more particularly setout on Exhibit ` B " <br /> ("SUMMARY OF REVISED ROADWAY PAY ITEMS ") attached hereto and made a part hereof. The <br /> COST OF ADDITIONAL IMPROVEMENTS shall be paid to COUNTY in payment draws . As <br /> COUNTY proceeds to complete the COUNTY Obligations, COUNTY may (not more frequently than <br /> monthly) deliver written notice to DEVELOPER of a draw request on a percentage of work-completed <br /> F :\Public Works\Capital Projects\Oslo - 43rd Avenue\Developer's Agreement\Walgreens .doc 2 <br />