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ob 40M FAPublic WorkKapital Projects\KingsPh2\agr-contracts\Feldman[kv.agr fees, line extension fees, connection fees and any other costs associated with future service shall be DEVELOPER's responsibility. 6. The COUNTY shall construct a 8 inch connection to the water main and 8 inch diameter service line under Kings Highway to DEVELOPER's property line. Line shall be extended to immediately beyond right-of-way for future connection. Impact fees, line extension fees, connection fees and any other costs associated with future service shall be DEVELOPER's responsibility. 7. The COUNTY shall pay DEVELOPER's Engineering Fees for review of County plans in the amount of $1,000.00 8. The COUNTY shall construct at the COUNTY's sole cost and expense; roadway improvements along Kings Highway to provide a four lane divided roadway along Kings Highway in accordance with attached Exhibit "D". 9. The COUNTY shall construct a median opening with northbound left turn lane on Kings Highway approximately half way between I" Street SW and 0 Street in accordance with attached Exhibit "D". 10. The COUNTY shall construct a drainage ditch, retention pond and outfall structure to Lateral B canal. This work will coincide with the 58`h Avenue Project construction. The outfall pipe shall be sized to accommodate DEVELOPER's potential needs for future pond enlargement. The outfall structure will be located in COUNTY right-of-way in accordance with attached Exhibit "D". 11. Excavated material from retention pond and drainage ditch shall remain property of DEVELOPER and shall be stockpiled on DEVELOPER's site. 12. Should DEVELOPER decide to develop the remainder parcel and wishes to join and expand, or relocate said drainage ditch and retention pond for stormwater capacity and aesthetic amenity purposes, the DEVELOPER shall design a combined retention pond that meets the stormwater needs of the DEVELOPER and COUNTY. The DEVELOPER shall obtain all required permits for the combined pond. The DEVELOPER shall not join the COUNTY drainage ditch and COUNTY retention pond to DEVELOPER's retention pond until the DEVELOPER's pond has been permitted to accept runoff from Kings Highway. The combined pond shall be designed to have no adverse impacts on the Kings Highway drainage. 13. The COUNTY will fence its retention area. Should DEVELOPER exercise the option stated in No. 12, the DEVELOPER shall be allowed to remove the fence subject to COUNTY permitting. 14. Should the DEVELOPER exercise the option stated in No. 12, the COUNTY shall cause the ownership of land described in Exhibit "C" to be re -conveyed to the DEVELOPER by quit -claim deed, without compensation due reserving to the COUNTY a permanent drainage easement for stormwater conveyance and storage and the right to discharge the same volume of stormwater runoff that was discharged into the original 1.29 acre pond. From time of re -conveyance, maintenance of the pond will be by DEVELOPER or subsequent owners. 15. Time s of the essence as to all matters pertaining to this Agreement. 16. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to reimbursement of the costs and expenses thereof from the non - prevailing party or parties, including reasonable attorneys fees and including such costs, expenses, and fees incurred on appeals of such. litigation. 17. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by both of the parties hereto.