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40 <br />!r . <br />F.Wublic WorkslCalntal t'rojcetslKingsl'h2lagr-cwntractslovcrbyfianl.con <br />right-of-way line. DEVELOPER shall have the right to the excavated material if so <br />desired. This ditch shall be utilized to accept runoff front Kings Highway until the <br />DEVELOPER's retention pond has been permitted and constructed. DEVELOPER <br />shall retain ownership of ditch but grant the COUNTY a drainage easement (Exhibit <br />"F") to discharge runoff from Kings Highway into said ditch. Tile DEVELOPER. <br />shall not join the temporary ditch fronting Kings Highway to the DEVELOPER's <br />retention pond until tite DEVELOPER's pond has been permitted to accept nutoff <br />from Kings Highway. <br />8. If the DEVELOPER has not completed construction of his retention pond or the one - <br />acre retention pond referred Io in paragraph 6 by April 30, 2001, then COUNTY may <br />elect to include constructing of the one -acre pond and outfall structure in the Kings <br />Highway Phase 11 construction and delete 563,230.410 compensation to <br />60 A, [IEVFLOPER. <br />9. The DEVELOPER shall not connect the one -acre Kings Highway retention pond to <br />the retention pond for the DEVELOPER's site until the retention pond far the site <br />has been permitted by the St. Johns River Water Management District to accept <br />runoff from Kings Highway. <br />10, DEVELOPER shall retain ownership of the retention pond, but grant the COUNTY <br />a drainage casement (Exhibit "F') to discharge runoff front Kings I lighway into said <br />pond (one -acre equivalent area). Maintenance of the pond will be by the <br />DEVELOPER or subsequent owners. <br />11. The COUNTY shall pay the DEVELOPER for right-of-way and drainage <br />improvements as follows: <br />a. 2.26 acres of rigi t -of -way (exhibit "fl", attached) S 39,799.00 <br />b. Consideration for one: acre of lased (retention) S 17,610.00 <br />C. Cost ofconstnaction for one acre retention facility $ 5$,250.00 <br />d. Cost of outfull to sublateral ditch on 8th Street S 5,000.00 <br />C. Attorney fees and costs S 2,000.00 <br />Total S 122,659.00 <br />12. The. COUNTY shall pay DEVELOPER the said $122,659.00 as described in <br />paragraph l 1 as follows; $41,799.00 upon the conveyance by tite DEVELOPER to <br />the COUNTY of the right-of-way; partial payments up to a ntaximutn of $58,250,00 <br />during pond excavation; and $22,610.00 after as -built ccrtitreation of tits retention <br />pond and outfall structure to the St. Johns River Writer Management District. <br />3 <br />