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ponds , necessary for the construction of the Road Improvements . All right-of-way shall <br /> be acquired in conformance with the Uniform Act . <br /> Co DEVELOPER and OWNER further agree to make available , by <br /> voluntary donation or by compensation under the Uniform Act, to COUNTY forty feet <br /> (40 ') of right- of-way, or the maximum right- of-way needed to accommodate the road <br /> construction project based on the selected alignment of the alternative , as proposed by the <br /> Stanley Consultants PD&E Study (and approved by FDOT) currently being drafted, on <br /> the north and south sides of County Road 510 , within DEVELOPER' S and OWNER' S <br /> property. As consideration for DEVELOPER' S AND OWNER' S Right- of- Way efforts , <br /> COUNTY agrees to process an application to vacate/abandon portions of 46th Avenue <br /> ( Sunrise Avenue) , and 86th Street as shown on Exhibit " B " . COUNTY shall initiate <br /> abandonment procedures within 45 days of COUNTY approval of this Agreement . If the <br /> abandonment is approved, the DEVELOPER and OWNER will voluntarily donate the <br /> CR 510 right- of-way under their ownership and control . If the abandonment is not <br /> approved, the COUNTY will acquire the right- of- way, using procedures under the <br /> Uniform Act, and compensate the DEVELOPER and OWNER accordingly at appraised <br /> value . DEVELOPER and OWNER agree to execute all documents regarding right-of- <br /> way acquisition to be in conformance with the Uniform Act . <br /> 3 . The DEVELOPER shall pay to COUNTY an amount not to exceed One <br /> Million Four Hundred Seventy One Thousand Seventeen Dollars ( $ 1 ,473 ,299 . 73 ) which <br /> represents DEVELOPER' S proportionate share of the road improvement costs further <br /> described in Exhibit " C . " This amount includes DEVELOPER paying for 100% of any <br /> 6/ 15/2005 - 11 : 08 AM 4 <br />