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Book 9182 Page 709 <br />Instrument# 2018087497 <br />I D. The City agrees that no fencing or barriers will be placed around <br />the Dark that will inhibit or prohibit access between the Park and the Property, except <br />that a fence or landscaping may be erected around portions of the Park or the Park's <br />retention pond shown on Exhibit "B" as maybe required by the City Engineer or the <br />St. John's Water Management District. <br />E. The Park will be managed, maintained and regulated by the City, <br />and the Developer will not be responsible for improvements or on-going perpetual <br />maintenance, metered power, utility or property tax obligation for the Park. All <br />landscape, irrigation, and park equipment installed in the Park will be the sole <br />responsibility of the City. Additionally, any future maintenance improvements or <br />ongoing expansions to the Park will be the responsibility of the City and not the <br />Developer. <br />F. Each party will be responsible for its own insurance coverage, <br />property taxes and liability for its respective property. Responsibility for the shared <br />driveway shown in the Conceptual Plan shall be delineated in the Driveway Cross <br />Access Easement attached as Exhibit "C". <br />G. The Developer has not agreed to construct a fountain within the <br />existing retention area, but the Developer may discharge storm water into the existing <br />retention pond shown on the sketch attached as Exhibit "B". The City agrees to <br />provide the necessary easements, permits and licenses to allow Developer joint use of <br />the pond with the City in the form attached as Exhibit "D". <br />H. Under City review, the Developer agrees to complete all necessary <br />steps for replatting the Property and the Park. Developer must pay all costs of replatting <br />both the Property and the Park. To the extent the City has the data available, the City <br />agrees to furnish all existing boundary and topographic data, including existing title <br />information, environmental jurisdictional information, lake permits or other data currently <br />in City records to assist the Developer in completing all plaiting requirements under <br />Florida statutes. The parties recognize and agree that replatting of the Property and the <br />Park may require Developer to file quiet title actions which could delay the final plat <br />being recorded. After receipt of all necessary permits and City approvals, Developer <br />may begin to improve the Property (including the c(earing, grubbing, adding fill for <br />berms, placement of utilities and drainage) before the final plats are recorded, after <br />compliance with City Code. <br />1. Driveway. Developer agrees to construct the driveway shown in the <br />Conceptual. Plan, in accordance with- City Code. The City will provide Developer an <br />easement over the Park for the Driveway in the form attached as Exhibit "C". <br />J. Developer agrees to abide by the Interlocal between the City and <br />the Seminole County dated August 25, 2009, and recorded in O.R. Book 7248, Pages <br />1883-1892,,of the Public Records of Seminole County, Florida, in all respects, and said <br />Interlocal ls'hereby Incorporated into this Agreement. <br />Page 3 <br />