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s <br /> 1 . The above recitals are affirmed as being true and correct and are thereby <br /> incorporated herein . <br /> 2 . The original Developer Agreement dated January 9 , 2007 is amended by adding <br /> paragraph 2 D . as follows : <br /> 2 . D . As a result of the construction of the 2nd left turn lane on eastbound College <br /> Lane approaching 58th Avenue , the DEVELOPER would be required to relocate <br /> } <br /> several Florida Power and Light poles. The parties agree that the DEVELOPER ' s fair <br /> share to relocate these poles and construct the 2nd left turn lane is $448 , 798 . The <br /> DEVELOPER shall pay to the COUNTY, within 30 days of the execution of this <br /> agreement, the sum of $448, 798 as its fair share contribution toward relocation of <br /> the poles and construction of the 2nd left turn lane . No impact fee credits shall be <br /> given as a result of the $448, 798 payment, and the payment is non- refundable . In <br /> exchange for the $448, 798 payment , the DEVELOPER will no longer be required to <br /> construct the 2nd left turn lane as a condition of the PROJECT . The COUNTY will <br /> subsequently include construction of the 2nd left turn lane as part of the State Road a <br /> 60 / 58th Avenue intersection improvement project . The COUNTY shall be responsible <br /> for the construction of the 2nd left turn lane including advertisement for bids , <br /> contractor selection and construction inspection . <br /> �r <br /> The DEVELOPER is paying the $448, 798 fee in lieu of relocating the poles and <br /> z <br /> a <br /> tl <br /> constructing the 2nd left turn lane . Given the proximity and schedule of the <br /> i <br /> COUNTY ' s State Road 60 / 58th Avenue intersection improvement project , it is not <br /> possible for the DEVELOPER to relocate the affected Florida Power and Light poles , <br /> and construct the 2nd left turn lane , without negatively impacting the COUNTY <br /> intersection improvement project . <br /> P'. <br /> p+ <br /> Tq <br /> Fir <br />