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