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the approved design and engineering plans. DEVELOPER has engaged Kimley-Horn and Associates, Inc . as consulting engineer to perform professional civil engineering, geotechnical engineering and related services associated with the roadway project. These services shall include preparation of design surveys, roadway improvement plans, drainage plans, signing and pavement plans, signalization plans, utilities coordination, erosion control, and obtaining the requisite permitting, all as provided in that certain engagement agreement dated August 31 , 2006, attached hereto as Exhibit `B" and by this reference incorporated herein. All plans and specifications shall be submitted to COUNTY and no construction shall commence until COUNTY has approved such plans and specifications in writing. After approval, DEVELOPER shall cause to be constructed, at DEVELOPER' S expense, the roadway improvements project as shown on all plans and specifications. C. DEVELOPER shall have the duty to coordinate the roadway improvements project to 27"h Avenue from 13th Street S .W. to 17`h Street S .W. As defined in this Agreement, the term "coordination" shall include project management and oversight. It is understood that DEVELOPER will undertake the day to day tasks of construction observation, which shall include without limitation: (i) DEVELOPER representatives on site during construction responsible to perform construction observation; and (ii) conducting weekly progress meetings; and (iii) working with the project contractor to develop and process monthly pay requests. COUNTY shall be permitted to monitor the progress of the roadway improvements project. If requested by COUNTY, DEVELOPER agrees to provide photocopies of project materials and data, which may include without limitation periodic project reports and other materials generated by parties associated with the project. Provided, however, except as specifically set forth herein, or to the extent voluntarily undertaken over the course of the project, COUNTY shall have no duty or responsibility to design, supervise, inspect, or construct the roadway improvements project described herein . D. Prior to commencement of the roadway improvements project, COUNTY must demonstrate fee simple title and ownership to all real property within the roadway improvements project. DEVELOPER agrees to provide right-of-way maps for 27'h Avenue from 13 `h Street S .W. to 17" Street S.W. and parcel sketches and legal descriptions for any necessary right-of-way acquisition. Any real property which is determined to be required for project right-of-way shall be acquired by DEVELOPER. Warranty Deeds associated with right-of-way acquisitions shall vest fee simple title with COUNTY, but all funds associated with such purchases shall be paid by DEVELOPER. In the event DEVELOPER, despite diligent effort, is unable to consummate any right-of- way purchases by voluntary action of the affected owner(s), COUNTY shall and hereby agrees to institute eminent domain proceedings to acquire said right(s)-of-way by legal process. DEVELOPER shall fund all right-of-way acquisitions engendered by eminent domain proceedings (including attorneys ' fees, appraisal and expert witness fees), whether said acquisitions shall be consummated by pre-trial settlement or final judgment decree. All DEVELOPER contributions toward right-of-way acquisitions shall be included in the final roadway improvement project costs, as referred to in Exhibit "C" below. E . The roadway segment shall be designed, engineered and constructed as a 4 lane divided road with landscaping and irrigation. 2