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wetlands. <br />6. Each side will bear its own costs and attorney's fees. <br />7. The CITY will bid the project not later than thirty (30) days following the <br />issuance of the required permit by the DISTRICT and will start construction no later <br />than one hundred twenty (120) days from final permit approval by the DISTRICT. <br />8. DECKER waives any objection to the permit modification by the CITY and <br />will execute the general release attached hereto as Exhibit "B" in favor of the CITY upon <br />the CITY's approval of this Modified Stipulation and Settlement Agreement. <br />9. Upon receipt of the fully executed general release by DECKER, the CITY <br />will pay DECKER $37,500.00. <br />10. This Agreement is contingent upon the issuance of the final permit(s) to <br />the CITY and DECKER by the DISTRICT for construction of those facilities outlined in <br />Section 2 and 3 hereof. The CITY shall take no action which is inconsistent with this <br />Modified Stipulation and Settlement Agreement. <br />11. The parties stipulate, warrant and agree that this Stipulation shall be <br />binding upon the heirs, successors, and/or assignees of the parties hereto. <br />12. The signature by any person to this Modified Stipulation and Settlement <br />Agreement shall be deemed a warranty by that person that he has the full power and <br />authority to bind any corporation, partnership or other public business or public entity for <br />which that person purports to act. <br />13. Any party to this Modified Stipulation and Settlement Agreement shall be <br />Modified Stipulation of Settlement <br />Decker v. Casselberry <br />Case No.97-0816 <br />Page 4 of 6 <br />