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B . To accommodate increased traffic generated by the Project, the COUNTY would be required to make improvements to the intersection of 16'h Street and 58th Avenue in the amount of $ 1 , 114,063 . 00, of which the DEVELOPER' S fair share of cost is 3 . 8% or $42, 33439. The DEVELOPER shall pay to the COUNTY the sum of $42,33439 prior to issuance of a land development permit, as a contribution toward construction of the intersection improvements at 16`h Street and 58`h Avenue. The opinion of probable construction cost has been approved by the COUNTY. C. To accommodate increased traffic generated by the Project, the DEVELOPER would be required to make the following improvements, of which the DEVELOPER' S cost is 100%. In the event any third party needs capacity generated from the following improvements prior to the construction of such improvements by the DEVELOPER, such third party shall be required to pay its pro rata share of such improvement. Notwithstanding the above, the following improvements shall be constructed prior to the issuance of a Certificate of Occupancy for the Project: ( 1 ) Eastbound dual left turn lanes at the College Lane and 581h Avenue intersection and all associated traffic signal modifications; (2) Westbound right turn lane from College Lane into the Project; and (3) Eastbound right turn lane from State Road 60 into the Project. D. By executing this Agreement, given that the DEVELOPER has already paid the transportation impact fees for the Project, and subject only to the payment of the fair share contributions set forth in subparagraphs A-C above, the DEVELOPER shall be deemed to have satisfied all necessary concurrency requirements for the development of the Project by satisfying the obligations set forth in subparagraphs A-C above . 3 . The COUNTY shall be responsible for the construction of the State Road 60 and 58` ' Avenue, 16`h Street and 581h Avenue intersection improvements including advertisement for bids, contractor selection and construction inspection. In the event that the COUNTY does not construct any of the improvements set forth in paragraphs 2 . A — B and addressed in this paragraph, the COUNTY shall reimburse the amount paid by the DEVELOPER for such improvement in accordance with the applicable subparagraphs of paragraph 2 above on or before the earlier of thirty (30) days after the COUNTY has officially determined not to construct such improvement or, in the event that the 2