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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 />