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WHEREAS , the County is willing to assist the Developer in acquiring title to the rights -of-way to <br /> be released by the District, at no cost to the County ; <br /> NOW, THEREFORE, in consideration of the mutual terms , conditions , promises , covenants and <br /> premises hereinafter stated, and other good and valuable consideration, the receipt and sufficiency of <br /> which is hereby acknowledged , the County and the Developer agree as follows : <br /> 1 . Recitals : The foregoing recitals are hereby incorporated as if fully restated herein . <br /> 2. Intersection Improvements : County and Developer desire to address the conditions of <br /> the Development Order relating to intersection improvements as follows : <br /> A. Developer agrees to plan, survey, design, permit, and construct the intersection <br /> improvements identified in Exhibit `B" on or before the date or event specified in the <br /> Development Order . Prior to construction, Developer shall relocate all conflicting utilities . <br /> Developer also agrees to identify needed right-of-way , prepare legal descriptions and parcel <br /> sketches , prepare appraisals, negotiate and obtain county approval of purchase prices , and acquire <br /> the needed right-of-way . Developer shall invoice County for costs of appraisals and for closing <br /> costs, including purchase price, and County shall reimburse Developer pursuant to paragraph 5 , <br /> below . If Developer is unable to acquire the needed right-of-way or if the County disapproves a <br /> reimbursable cost, the County agrees to initiate the eminent domain process within thirty (30) days <br /> notice by Developer that the right-of-way could not be acquired through negotiation . The County, <br /> through its Public Works Director or his designee , shall have fourteen ( 14) days to review and <br /> approve reimbursable costs . Failure to reply to Developer within fourteen ( 14) days shall <br /> constitute approval . <br /> Be The Developer shall contribute to the County the following sums of money toward <br /> the Intersection Improvements specified below (" Contribution Amount") . Developer shall not <br /> receive compensation or impact fee credits for these Contribution Amounts , <br /> See Exhibit "C" attached hereto and made a part hereof. <br /> C . The Developer agrees to plan, survey, design, permit, and construct the Intersection <br /> Improvements at 45th Street and 58th Avenue on or before the date or event specified in <br /> the <br /> Development Order, provided , however, that the County shall be responsible for and shall pay <br /> 81 . 93 % of such costs . County shall be responsible for 100 % of the costs for appraisals , closing <br /> costs , and the purchase price if additional right-of-way is acquired by Developer . If additional <br /> right-of-way is required to make the Intersection Improvements , Developer agrees to identify the <br /> required right-of-way, prepare legal descriptions and parcel sketches , prepare appraisals , negotiate <br /> and obtain County approval of purchase prices , and acquire the needed right-of-way . County shall <br /> be responsible for 100 % of appraisal costs and closing costs , including purchase price , for such <br /> additional right-of-way, and County shall reimburse Developer pursuant to paragraph 5 below . If <br /> Page 2 of 8 <br />