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performed by an appraiser selected by Calpine and approved by the County, which approval shall not <br /> be unreasonably withheld or delayed . If Calpine, or the County under authority from Calpine, is <br /> unable to negotiate an Option Contract at fair market value or less, then Calpine shall not be <br /> obligated to enter into the Option Contract to purchase the property. The Option Contract shall be in <br /> a form as mutually agreeable to the County, the District and Calpine, with a closing date agreeable to <br /> the County, the District, Calpine, and the seller or sellers . The County or other governmental agency <br /> may contribute funds above the fair market value price to complement Calpine funding. <br /> C , Upon Calpine ' s purchase of the property identified in Paragraph 2 .b , <br /> Calpine shall, at no cost to the County or District, transfer or otherwise convey fee simple title to <br /> such property to the County for the purpose of constructing, owning and operating the stormwater <br /> park. Calpine ' s purchase of the property will be conditioned upon and will follow receipt of <br /> certification of BHEC by the Power Plant Siting Board. The County may, with the prior consent of <br /> Calpine, which consent shall not be unreasonably withheld or delayed, include passive recreation on <br /> the property to complement the stormwater park, provided that such passive recreation does not <br /> impact the County' s ability to operate the stormwater park in compliance with the requirements of <br /> this Agreement, or those of the District . <br /> d. The County, working with SJRWMD , shall be responsible for the <br /> design, permitting, construction, operation and maintenance of the stormwater park and all related <br /> costs . The District shall be responsible for establishing and modifying, from time to time as <br /> necessary, minimum and maximum water level requirements in the canal system ("District ' s Water <br /> 4 <br /> 8 .5 .04 Water Agreement <br />