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WHEREAS, the County, the Credit Union and Elwill can mutually benefit each other <br />through a joint effort or coordination, accomodation and cooperation. <br />NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, <br />covenants and premises hereinafter, the Parties agree as follows: <br />1) The above recitals are affirmed as being true and correct and are thereby incorporated <br />herein. <br />2) To accommodate treatment of stormwater runoff, the County will plan, engineer, permit <br />and construct a stormwater retention pond of sufficient size to treat runoff from the <br />widening of Oslo Road. The location of the pond will be directly north of the Elwill <br />property as shown on Exhibit B attached. <br />3) In exchange for eproximately 6,500 cubic yards one W of the material excavated from <br />the County's pond site, (fill) the Credit Union will convey to the County a perpetual <br />fifteen (15) foot drainage easement along the westernmost border of the Credit Union's <br />property. In exchange for gpproxhnately 10,000 cubic yards one lel€ of the materi <br />4 <br />excavated from the County's pond site, (fill), Elwill will convey to the County a <br />perpetual fifteen (15) foot drainage easement along the westernmost border of the Elwill <br />property. With respect to the drainage easement, the Parties further agree that: <br />a. The County will permit the Credit Union and Elwill to use the property subject to <br />the drainage easement as part of the Credit Union's and Elwill's required <br />landscape buffer areas. <br />b. The County will cause to be installed a 30 to 36 inch pipe approximately 6 to 8 <br />feet deep in the drainage easement. Both the Credit Union and Swill agree to <br />convey to the County a 15 foot temporary construction easement directly east of <br />the drainage easement in order for the installation of the drainage pipe. Credit <br />request. <br />a In the event that the drainage pipe should need to be maintained, repaired or <br />replaced requiring the removal of any landscaping, irrigation equipment, walls or <br />fencing installed in the drainage easement, the County will be responsible for <br />replacement of same. <br />d. The Parties agree to supply each other's engineers with any needed drawings, <br />surveys, sketches or legal descriptions necessary for construction of the drainage <br />facilities. <br />e. The County will place the excavated material from the pond site onto the Credit <br />Union and Elwill sites at locations directed by the owners but in compliance wi <br />tree protection and land development etw ordinance requirements. All parti <br />agree that the County is only responsible for placing and spreading the excavated <br />material on the Elwill and Credit Union sites and is not responsible for grading or <br />2 <br />