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WHEREAS , Grand Harbor has a contract with Sawmill Ridge Trucking <br /> Company to clear a parcel of their property to accept the excavated material ; <br /> and <br /> WHEREAS , Sawmill Ridge Trucking Company shall grade and compact <br /> the excavated material , in accordance with an approved grading plan provided <br /> by Grand Harbor that will not impede the drainage to Grand Harbor , or the <br /> Spoonbill Marsh Project in accordance with the specifications in Exhibit B ; and <br /> THEREFORE , in consideration of the mutual terms , conditions , <br /> promises , and premises hereunder the County and Grand Harbor agree as <br /> follows : <br /> 1 . The above recitals are affirmed as being true and correct and are hereby <br /> incorporated herein . <br /> 2 . The County shall give to Grand Harbor at no cost and Grand Harbor <br /> agrees to take all soil and material required to be excavated in the construction <br /> of Spoonbill Marsh Project onto a parcel of their property as indicated in Exhibit <br /> A , which is attached and incorporated by reference herein . The parties estimate <br /> that there could be 90 , 000 cubic yards of material excavated in the course of <br /> constructing Spoonbill Marsh . <br /> 3 , Grand Harbor shall grade and compact the excavated material in <br /> accordance with an approved grading plan provided by Grand Harbor that will <br /> not impede drainage into Grand Harbor or the Spoonbill Marsh Project in <br /> accordance with the specifications in Exhibit B , which is attached and <br /> incorporated by reference herein , and the County agrees to reimburse Grand <br /> Harbor for this work with an amount not to exceed $ 100 , 000 . 00 . Grand Harbor <br /> shall submit invoices to County on a monthly basis stating the amount of the <br /> work that has been completed and payment shall be in accordance with the <br /> Local Government Prompt Payment Act , FS 218 . 70 et . seq . <br /> 4 . Grand Harbor shall clear the areas specified for location of the fill , of all <br /> trees and other debris and have the location for placement of the fill clearly <br /> delineated . <br /> 5 . Grand Harbor shall accept all material excavated from the Spoonbill <br /> Marsh Project . If either party discovers any of the excavated material contains <br /> contaminants as defined by federal or state regulations such that the excavated <br /> material requires special handling or disposal , Grand Harbor shall be excused <br /> from taking the contaminated excavated material . Should Sawmill Ridge <br /> Trucking Co . fail for any reason to complete the scope of work as contained <br /> herein , County shall , immediately upon notice of same from Grand Harbor , <br /> contract with its Contractor , or others , as it may elect , to complete the work at <br /> its sole expense . <br /> 2 <br />