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40 <br />4P <br />40 <br />F:\Public Works\BLTolfa\data00\Contr&Agr\Contract-Agr\UnityCntlO-6.doc 10/6/00 <br />or if modified as approved by the St. Johns River Water Management District, and <br />WHEREAS, any amendment to this Developer's Agreement which alters the surface water <br />or stormwater management system, beyond maintenance in its original condition, including the water <br />management portion of the common areas, must have the prior approval of the St. Johns River Water <br />Management District, and <br />WHEREAS, the St. Johns River Water Management District shall have the right to enforce, <br />by a proceeding at law or in equity, the provisions contained in this Developer's Agreement which <br />relate to the maintenance, operation and repair of the surface water or stormwater management <br />system. <br />NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants <br />and premises hereinafter set forth, the COUNTY and UNITY CENTER agree as follows: <br />1. The above "WHEREAS" clauses are adopted and incorporated herein. <br />2. The COUNTY shall design, permit, and construct inlets, structures and piping to <br />direct runoff from 43`d Avenue between 8' Street and 12' Street, and for 10' Street <br />from 42nd Avenue to 43'd Avenue, to a stormwater retention pond on UNITY <br />CENTER site as part of the 43`d Avenue Improvements Project at no cost to UNITY <br />CENTER. <br />3. The COUNTY shall be responsible for the clean-up of any toxic spills and for the <br />perpetual maintenance of improvements within the 43'd Avenue and 10' Street rights- <br />of-way. <br />4. The COUNTY shall incorporate an inlet structure, to protect the pond from the <br />washing in of large rubbish from the road, in the 43' Avenue project design. <br />5. The UNITY CENTER shall provide the land required for the entire pond at no cost <br />to the COUNTY. The COUNTY portion of the land for the pond is valued at <br />approximately $24,920.00. <br />6. The UNITY CENTER shall design, permit, and construct a stormwater retention <br />pond and an outfall structure to the Indian River Farms Water Control District <br />Sublateral Canal B-3 on the UNITY CENTER site at no cost to COUNTY. The <br />pond shall be designed to accept the runoff from the UNITY CENTER site and from <br />43`d Avenue. The pond shall be designed such that no fence is required, and banks <br />will not exceed a. 4:1 slope. <br />2of5 <br />