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