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2011-090
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9 . 11 Option for Joint Use Pond : Seller shall have the option to design a joint <br /> stormwater retention pond that meets the stormwater needs of both the Seller and the <br /> County . Any such joint stormwater retention pond shall be designed to have no adverse <br /> impacts to the County' s 66th Avenue Project drainage . The County shall have the right <br /> to review and approve of the design of any joint stormwater retention pond . Any <br /> expansion of the County' s stormwater retention pond on Parcel 409 shall be at the <br /> Seller' s sole expense . The County and Seller shall grant each other any easements <br /> needed to obtain positive outfall and water treatment . Seller shall own the fill dug from <br /> any expansion of the County' s stormwater retention pond . <br /> 9 . 12 Option to Relocate Pond : Seller shall have the option to relocate any joint <br /> stormwater retention pond to another site or sites on the Parent Parcel so long as there <br /> are no adverse impacts on drainage from 66th Avenue Project . Should Seller relocate <br /> any pond , the parties shall . execute an exchange of properties agreement pursuant to <br /> § 125 . 37 Fla . Stat . (2008 ) . The County shall have the right to review and approve of the <br /> design of any pond relocation . Any relocation of any joint stormwater retention pond <br /> shall be at the Seller' s sole expense . The County and Seller shall grant each other any <br /> easements needed to obtain positive outfall and water treatment in the new pond (s ) . <br /> Seller shall take over maintenance of the relocated pond (s ) . Drainage from the 66th <br /> Avenue Project shall not be adversely affected . <br /> 9 . 13 To the extent allowed by law , County agrees to indemnify and hold harmless and <br /> indemnify Seller from any liability which may arise from the County' s use of any joint <br /> stormwater pond , Parcels 409 and 804 and any joint stormwater pond . . <br /> 9 . 14 Relocation of Fencing : At the time of construction , the County or the County ' s <br /> contractor shall either relocate or replace the existing barbed wire fence to a location on <br /> the Owner' s property . The County or its contractor shall do any clearing needed for <br /> relocation or replacement of the fence . The Owner shall grant the County a Temporary <br /> Construction Easement for the duration of the improvement project for entry upon the <br /> remainder parcel for relocation or replacement of the fence or for reestablishing any <br /> drainage swales or furrows on the property . <br /> 10 Lease - back : The County shall execute and deliver to Seller a lease of the Property at <br /> the Closing . The term of the lease shall begin the day of the Closing and end six (6 ) months <br /> after the Closing . The lease payment shall be one dollar ( $ 1 . 00 ) per six months . The Seller <br /> may request an extension of the lease by providing written notice to the Public Works Director <br /> thirty ( 30 ) days prior to the end of the lease term . The Board may , at its discretion , extend the <br /> lease on other terms , including fair market value of rent . <br /> 6 <br />
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