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l . 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 />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 <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 />The DEVELOPER is paying the $448,798 fee in lieu of relocating the poles and <br />constructing the 2nd left turn lane. Given the proximity and schedule of the <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 />1441 At,... <br />