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0 <br /> a <br /> expense . The County and Seller shall grant each other any easements needed <br /> to obtain positive outfall and water treatment in the new pond ( s ) . Seller shall <br /> take over maintenance of the relocated pond ( s ) . Drainage from the 66th Avenue <br /> Project shall not be adversely affected . <br /> 9 . 13 In the event that the Parent Parcel returns to or remains at its current <br /> zoning of RM -6 , Multi Family Residential up to 6 units per acre , and Seller <br /> desires to relocate the pond on the Parent Parcel , Seller and County shall <br /> conduct good faith negotiations in order to execute an exchange of property <br /> agreement pursuant to § 125 . 37 Fla . Stat . ( 2008 ) so that the Seller will provide for <br /> the grant of a drainage easement to County and County conveying fee simple <br /> interest in the pond site to Seller with Seller taking over maintenance of the <br /> relocated pond . Drainage from the 66th Avenue Project shall not be adversely <br /> affected . Any relocation of the retention pond shall be at the Seller' s sole <br /> expense . The County and Seller shall grant each other any easements needed <br /> to obtain positive outfall and water treatment in the new pond ( s ) . <br /> 9 . 14 Any fill dug from any joint stormwater retention pond shall be placed on <br /> the Parent Parcel and retained by Seller. At the time the County commences its <br /> 66th Avenue Improvement Project in the area adjacent to the western border of <br /> the Property , the County shall be responsible for construction of the pond and <br /> placement of the fill on Seller' s property however Seller shall be responsible for <br /> providing the County with a topographical survey of the Parent Parcel that <br /> identifies the Seller' s uplands appropriate for placement of the fill . Seller shall <br /> grant County a temporary construction easement as needed without <br /> compensation for placement of fill on the Remainder Parcel . <br /> 9 . 15 Seller agrees to grant County any needed easements to the pond for <br /> access or maintenance . <br /> 9 . 16 To the extent allowed by law , County agrees to indemnify and hold <br /> harmless and indemnify Seller from any liability which may arise from the <br /> County ' s use of the stormwater pond . <br /> 9 . 17 At Seller' s sole discretion , Seller may elect to deed fee simple , to County <br /> the portion of Parcel 500 necessary to reduce Seller' s fee simple ownership to <br /> less than ten ( 10 ) acres . If Seller so elects , County shall grant Seller a drainage <br /> and access easement over the portion of Parcel 500 conveyed to County . Seller <br /> shall bear all costs related to the described fee simple conveyance and <br /> easement . <br /> 10 . Design , Permitting and Construction of Joint Stormwater Retention Pond by <br /> County <br /> 6 <br />