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a. GRANTEE shall fence perimeter of retention pond with a 6' chain <br />link fence that will prohibit public access to the retention pond <br />area. <br />b. GRANTEE shall restore the retention pond to substantially the <br />same condition it was upon the effective date of this easement. <br />If GRANTEE fails to restore the retention pond at least 30 days <br />prior to the expiration or termination of this easement, GRANTEE <br />shall deposit $209,000 into an escrow account established by the <br />State of Florida Department of Environmental Protection on behalf <br />of GRANTOR with the Florida State Treasury Bureau of Collateral <br />Management. These escrow funds shall be used exclusively for the <br />restoration of the retention pond. In the event there is a <br />surplus in the escrow fund after completion of the restoration of <br />the retention pond, GRANTEE shall be entitled to a refund of the <br />unused portion of the escrow funds. <br />C. GRANTEE, its employees, agents and assigns shall comply with the <br />following: <br />1. Coordinate any staging area in the St. Sebastian <br />River Preserve State Park ("park") with the park <br />manager. Fuel shall be kept in a double walled <br />container with a catch basin, and refueling <br />operations shall be conducted within staging area <br />only. <br />2. Provide signage to prevent access into the easement <br />area and to the staging area within the easement <br />area. <br />3. Take all necessary safety measures as determined by <br />park manager to ensure the safety of park visitors <br />during all construction processes. <br />4. Meet with the park manager or his designee regarding <br />after hours permits for entering the park after park <br />operating hours. <br />5. Follow the park manager's instructions concerning <br />special park rules regarding protection of the <br />park's plants and animals, vehicular traffic and <br />park visitors. <br />6. Stop at the ranger station upon entering the park. <br />Page 5 of 9 <br />Easement No. 31859 <br />R03/19/08 <br />