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• • • • D istrict. The parties to this Developer's Agreement shall be responsible for such maintenance and operation as specifically set forth in this Agreement. Any repair or reconstruction of the surface water or stormwater management system shall be as permitted, or if modified as approved by the St. Johns River Water Management D istrict, and WHEREAS, any amendment to this Developer's Agreement which alters the surface water or stormwater management system, beyond maintenance in its original condition, including the water management portion of the common areas, must have the prior approval of the St. Johns River Water Management District, and WHEREAS, the St. Johns River Water Management District, COUNTY, and G RACE BAPTIST shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Developer's Agreement which relate to the maintenance, operation and repair of the surface water or stormwater management system. NOW, THEREFORE, in consideration of the mutual terms, conditions promises, covenants and premises hereinafter set forth, the COUNTY and GRACE BAPTIST agree as follows: 1. The above "WHEREAS" clauses are adopted and incorporated herein. 2. As part of the 43rd Avenue Improvements Project, the COUNTY shall design, permit, and construct inlets, structures and piping to direct runoff from 43rd Avenue between 12th Street and 13th Place to an existing stormwater retention pond on GRACE BAPTIST'S property as shown on Exhibit B attached 3. The COUNTY shall be responsible for the perpetual maintenance of the improvements within the 43rd Avenue rights-of-way, The COUNTY shall clean up any toxic/hazardous spills that occur within the 43rd Avenue rights-of-way, including clean up of the spill if it extends onto GRACE BAPTIST'S property. 4. The COUNTY shall incorporate an inlet structure in the 43rd Avenue project design to protect large rubbish from washing in the pond from the road. 5. GRACE BAPTIST shall design and permit modifications to their existing stormwater retention pond to accommodate the runoff from the GRACE Page 2 of 5