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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 the Developer that the right-of-way could not be acquired through negotiation . The <br /> County, through its Public Works Director or his designee , shall have fourteen ( 14) days to review <br /> and approve reimbursable costs . Failure to reply to Developer within fourteen ( 14) days shall <br /> constitute approval . <br /> D . The Developer' s obligation with respect to the Intersection Improvements identified <br /> in the Development Order, paragraphs 16 , 19 through 29 , shall be deemed satisfied so long as <br /> Developer is in compliance with this Agreement . County shall not withhold any approval or permit <br /> because of the condition of any intersection as long as Developer is in compliance with this <br /> Agreement. <br /> 3 . 53`d Street : Developer will plan ; provide right-of-way (without compensation) ; design ; <br /> permit ; and construct 53 `d Street as a four-lane divided roadway from 58`h Avenue east to Developer' s <br /> eastern boundary according to the timetable and/or event schedule approved by County in the <br /> Development Order. Developer shall : (a) work with the County ' s Engineer to coordinate the roadway <br /> design with the design of the bridge across the Lateral H and North Relief canals ; and (b) <br /> submit <br /> engineering plans to the County for its review and approval prior to the commencement of construction of <br /> 53`d Street. Utility relocation shall be included . . <br /> A. The County shall have the right to approve the scope of work and compensation for <br /> the design and engineering phase of this project . The County shall not unreasonably withhold or <br /> delay such approval . Failure to reply to Developer within thirty (30) days shall constitute <br /> approval . <br /> B . The Developer and the County shall share equally the cost of construction, design, <br /> and engineering of 53`d Street from 58`h Avenue to the east property line of Waterway Village ; <br /> provided, however, that the County' s obligation for the cost of landscaping shall be limited to one- <br /> half of $ 100 ,000 . 00 per mile . The Developer shall fund and install all border landscaping. <br /> C . Developer shall have no responsibility for the design, engineering, or construction <br /> costs of 53`d Street east of Developer' s east property boundary, or for the bridges across Lateral H <br /> and North Relief canals . <br /> D . The Developer' s obligation with respect to 53 `d Street, identified in the <br /> Development Order and otherwise , shall be deemed satisfied so long as Developer is in <br /> compliance with this Agreement, and County shall not withhold any approval or permit because of <br /> the condition of 53 `d Street as long as Developer is in compliance with this Agreement . <br /> E . At the time the County accepts title or dedication from Developer for the 53`d Street <br /> right of way, the County shall execute a release of any interest the County has in any Murphy Act <br /> right of way for the existing 53`d Street located in Sections 21 and 22, Township 32, South, Range <br /> 39 East, Indian River County, Florida, including, but not limited to , the reservations of road right <br /> Page 3 of 8 <br />