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Avenue intersection improvements as set forth in this Agreement, the COUNTY shall reimburse the amount paid by the DEVELOPER for such improvement on or before the earlier of ninety (90) days after the COUNTY has officially determined not to construct such improvement or, in the event that the COUNTY has not commenced with the construction of the intersection improvement project, fyv� (8fyearr fter the Effective Date of this Agreement. 5�Jx &AC 3 . The DEVELOPER shall dedicate the real property described in the attached Exhibit B to the COUNTY without compensation from the COUNTY (the "Dedicated ROW"). The DEVELOPER shall execute a special warranty deed for the Dedicated ROW in favor of the COUNTY within fifteen ( 15) days from the Effective Date. The DEVELOPER shall deliver the executed special warranty deed to the County Attorney' s Office who shall hold the deed in escrow until this agreement is approved by the Board of County Commissioners. Upon approval , the deed shall be released from escrow and shall be recorded in the public records of Indian River County. In the event this agreement is not approved by the Board, the original executed special warranty deed shall be returned to the DEVELOPER. 4. 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 this Agreement, the DEVELOPER shall be deemed to have satisfied all necessary traffic concurrency requirements for the development of the Project. 5 . The COUNTY shall be responsible for the construction of the State Road 60 / 58'h Avenue intersection improvements including advertisement for bids, contractor selection and construction inspection. In the event that the COUNTY does not construct the State Road 60/58`" Avenue intersection improvements as set forth in this Agreement, the COUNTY shall reimburse the amount paid by the DEVELOPER for such improvement on or before the earlier of ninety (90) days after the COUNTY has officially determined not to construct such improvement or, in the event that the COUNTY has not commenced with the construction of the intersection improvement project, fide Kyears after the Effective Date of this Agreement. 6v Pur 6 . The DEVELOPER has paid all water impact fees, wastewater impact fees, and transportation impact fees for the Project. As such, the COUNTY has issued a 2