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WHEREAS, Licensee has sought permission to enter upon the County <br />Parcel to construct and maintain a path and dune -crossover which would serve <br />as an amenity for the residents and guests of the Development Property and <br />also be accessible by the public; <br />NOW THEREFORE, in consideration of the mutual covenants, promises <br />and agreements contained herein, the parties agree as follows: <br />1. The foregoing WHEREAS clauses are true and correct and <br />incorporated herein as part of this Agreement. <br />2. The County hereby grants to Licensee a license to design, engineer, <br />permit, construct and maintain a dune -crossover on the County Parcel at a <br />location to be approved by the County in writing. Following construction, <br />Licensee shall deliver to County "as -built" drawings of the dune cross-over, <br />which shall include a location sketch. <br />3. The dune -crossover shall be open to the public for use during daylight <br />hours. <br />4. The Licensee shall be responsible for performing limited, periodic <br />maintenance on the County parcel only directly adjacent to and abutting the <br />crossover and the path, consisting of removal of dead, fallen branches <br />obstructing the pathway or the crossover, selective pruning of live branches <br />interfering with the ingress/egress of the pathway or the crossover. Licensee <br />shall not perform any other trimming, removal of vegetation or landscape <br />maintenance on the County Parcel. <br />5. Under the direct supervision of a County environmental manager, <br />Licensee may remove selected exotic plant species and replace the exotics with <br />2 <br />