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WHEREAS , the County maintains that the Association has available capacity in its interest of the Association Owned Lake System to treat, retain and store stormwater runoff from 66th Avenue in :its expanded condition and that its intended use will not cause any violations of that certain St. Johns Water Management District Environmental 0. Resource Permit Application No . 4-0610087006-5 (the "Permit") ; and WHEREAS , for the consideration and terms as set forth herein , the Association shall convey a non-exclusive easement to the County to use the Association Owned Lake System for stormwater drainage , treatment and detention purposes related to the 66t Avenue Expansion Project subject to the Permit and all conditions thereof; and WHEREAS , the County requires an additional parcel of real property owned by the Association according to its :Declaration for the County' s 66th Avenue. Expansion Project and the Association is willing to convey such real property to the County as a result of the County's eminent domain powers and as further set forth herein ; and WHEREAS , the Parties agree that this settlement Agreement results from the good faith efforts of the Parties who , but for this Agreement, would be subjected to protracted and costly eminent domain legal proceedings ; and WHEREAS, the County fully intends on constructing the 66th Avenue Expansion Project which includes the exercise of the County"s eminent domain powers to acquire such property rights and interests from the Association as further set forth herein and , but for this Agreement, would file an eminent domain lawsuit against the Association in. furtherance thereof;_ or in the altemative, the Association would file an inverse eminent domain lawsuit against the County for failing to compensate the Association, for the taking of certain interests in real property owned by the Association, without compensation ; and WHEREAS, each Party agrees that this settlement Agreement is in the best interest of the County and the Association , respectively. NOW THEREFORE, in consideration of the mutual undertakings herein , and other good and valuable consideration , the receipt and adequacy of which is hereby acknowledged , the Parties agree , as follows: TERMS Preface The above recitals are true and correct and are incorporated by this reference herein . 1 . Agreement to Purchase and Sell and Grant. The Association hereby agrees to convey to the County its real property interests in the real property described herein , and the County hereby agrees to compensate the Association , in accordance with the terms and conditions set forth in this Agreement, 2 i J