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such pond is constructed. To the extent that the easements described herein are not completed <br /> and executed at the time of closing, the requirement to execute and deliver such easements shall <br /> survive the closing . <br /> 9. Conveyance of Easements by the County The County shall convey to the City <br /> (a) an easement to use the existing retention pond, including the related pump house and pump, <br /> for drainage, stormwater retention and irrigation purposes relating to those parcels that make up <br /> the remaining City Property and the Parking Property, and (b) an easement to use the existing <br /> retention pond, including the related pump house and pump, for drainage of stormwater from <br /> 26th Street in its future expanded condition. The easements described above shall be drafted in <br /> such a manner, or shall be modified at the appropriate time, to apply to the New Retention Pond <br /> (including the portion of such pond constructed on the Cloverleaf Property) , after such pond is <br /> constructed. To the extent that the easements described herein are not completed and executed at <br /> the time of closing, the requirement to execute and deliver such easements shall survive the <br /> closing . <br /> 10 . Conditions to Closing. The closing of the exchange shall be conditioned upon <br /> the occurrence of each and every of the following conditions : <br /> a) The preparation of final transaction documents implementing the provisions of <br /> this agreement; <br /> b) The execution and delivery by MiLB Vero Beach, LLC and National Association <br /> of Baseball Leagues, Inc . of a First Amendment to Facility Lease Agreement, a <br /> Consent and Waiver to certain of the final transaction documents , and a <br /> Termination of Parking Property Lease Agreement; <br /> c) The execution and delivery by DT Commons , LLC of a Third Amendment to <br /> Collateral Development Agreement or, if acceptable to the County, the adoption <br /> of a Resolution by the County permitting the use of the Cloverleaf Property for <br /> purposes other than the "Permitted Use " as defined in the Collateral Development <br /> Agreement; <br /> d) Title information and insurance reasonably acceptable to the recipient of each of <br /> the exchanged parcels , including no lien affidavits at closing . Such title <br /> information and insurance shall be at the sole cost of the party requesting such <br /> information and insurance ; <br /> e) Satisfactory environmental assessments , studies or analyses , as required by either <br /> party . Such assessments , studies or analyses shall be at the sole cost of the party <br /> requesting such items ; <br /> f) Other closing documents reasonably required by either party ; <br /> g) Compliance by the County with section 125 . 37 , Florida Statutes , and by the City <br /> with section 2 - 372 of the Code of Ordinances of the City of Vero Beach; <br /> h ) All of the above shall be in form and substance acceptable to the City Council and <br /> the County Commission, and their respective staffs . <br /> 11 . Closing. Each party agrees to proceed with due diligence to close the transaction <br /> as soon as reasonably possible . Each party shall pay its own closing costs and recording fees . <br />