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depicted on Exhibit " B" (Shown on Sheet 2 of 3 as PROPOSED R/W DEDICATION " B") attached hereto and incorporated herein by reference . In consideration for the dedication ol said right-of- way, the County shall compensate DEVELOPER in the amount of $76 , 918 . 44 as computed in Exhibit "C" attached hereto and incorporated herein by reference . 4 . Off-site Intersection Improvements : Developer acknowledges that off-si a intersection improvements at specific locations are necessary to support the traffic to be generated by this Project . In accordance with the approved Traffic Impact Analysis for the Project , the Developer agrees to pay his fair share of the costs associated with the construction of the following intersection improvements : A . A southbound right-tum lane on 27th Avenue at the 4th Street intersection ; and B . A southbound right-tum lane on 27th Avenue at the 12th Street intersection . Developer's fair share cost to be contributed to said intersection improvements are $918 .44 as estimated within Exhibit " D" attached hereto and incorporated herein by reference . 5 . Roadway Improvements : As Indian River County plans to construct OsIc Road five (5) lane roadway improvements fronting the subject site in the near future , the COUNTY has requested that DEVELOPER not construct the project' s required off-site left tum lane improvements fronting the site . DEVELOPER shall instead bond or post funds in escrow with the COUNTY in an amount equating to 115% of DEVELOPER' s cost of project site's off-site tum lane improver ents prior to issuance of the project' s first building permit . DEVELOPER shall not be required to obtain a Right- of-way Permit for the off-site turn-lane improvements prior to Site Plan release . In the event the COUNTY has not advertised for bids for said Oslo Road five (5) lane roadway improvements fronting the site , DEVELOPER shall , prior to issuance of the 5 1 st Certificate of Occupancy, obtain a Right-of-way Permit and execute a Construction Contract for completion of project's off-site tum lane improvements fronting the site . Upon delivery of a copy of said Construction Contract , COUNTY shall release escrowed funds or bond to DEVELOPER . Said project off-site tum lane improvements fronting the site shall be constructed by DEVELOPER prior to issuance of the 101 st Certificate of Occupancy for the project. All off-site improvements shall be constructed to DOT "Green Book" standards . The County shall approve all plans for any improvements constructed under this paragraph . If Developer or his contractor constructs any improvements under this paragraph , said construction shall be guaranteed for a period of one ( 1 ) year. Miscellaneous : A . In the event of any litigation arising out of this Agreement , the prevailing party shall recover attorneys' fees and costs from the non- prevailing party. B . No amendment , modification , change , or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . 2