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five- foot concrete sidewalk on the north side of the 53rd Street p oject along site <br /> frontage . The total DEVELOPER' S contribution shall be $270 ,23 ( . 80 and shall be <br /> paid to the COUNTY prior to release of the site plan for Phase I The COUNTY <br /> agrees to pay the cost of two additional lanes . No traffic impact fee credit shall be <br /> granted by the County for this contribution. <br /> 5 . Landscaping along the south property line of the Developer' s site will be installed <br /> after 53rd Street is constructed. <br /> 6 . The County hereby approves the two (2) curb cuts shown on the plan attached hereto <br /> as Exhibit "F" and incorporated herein by reference and agrees to provide a median <br /> cut at the location of the curb cut servicing Developer ' s Projecl at the time of <br /> construction of the 53rd Street along the project frontage . The ultirr ate construction <br /> of the 53rd Street Section shall provide for left and right turning lanes into <br /> Developer ' s Project (to be funded by the Developer) and shall provide for east and <br /> west industrial traffic exiting Developer' s Project as shown on Exhibit "G" . <br /> 7 . The County approves Developer' s temporary access to 49th Street as shown on the <br /> sketch attached hereto as Exhibit "H" and incorporated herein by reference and <br /> agrees to grant Developer the right to cross the existing 53rd Street ri At of way. <br /> Developer shall provide traffic control, as needed, including coordination of traffic <br /> control during construction of 53rd Street. <br /> 8 . In the event of any litigation arising out of this Agreement, both parti s shall bear <br /> their own attorneys ' fees and costs . <br /> 9 . No amendment, modification, change, or alteration of this Agreement shall be valid <br /> or binding unless accomplished in writing and executed by all of theParties hereto . <br /> 10 . This Agreement shall be binding upon and inure to the benefit of the arties hereto <br /> and their successors, and assigns . <br /> 3 <br />