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