HomeMy WebLinkAbout1440 (5) The Plaintiff and Defendants agree that the best means
of accommodating the Defendants' need of access to their Twin Banyans
development pro~ect and the Plaintiff's obligation to protect the
water quality in the Savannahs and the fish and wildlife which are
dependent on that water quality, is for the Defendants to obtain
access by an upland route rather than across the Savannahs.
Set out below are two alternative solutions of the matters
in dispute between the parties. Solution A involves upland access
and is preferred by the parties. Solution B involves access across
the Savannahs and is not considered as desirable as Solution A by
th'e parties. The Defendants agree to make a concerted and good faith
eff ort to obtain an upland access route into their Twin Banyan
project.
A. Solution A-- Upland Access If the Defendants
obtain an upland access~ route above the fifteen (15) foot contour
line into their Twin Banyans project, the Def endants agree: -
l. That hereafter, they shall not apply for any
permits from any local or state agencies to dredge and fill in the
Savannahs below the fifteen (15) foot contour line, nor shall .they
undertake. such dredging and filling without local or state permits;
except that the Defendants shall.apply to the Plaintiff for a permit
I for golf course construction above and below the fifteen (15) foot '
~ contour line in the Savannahs as indicated on Exhibit No. l, if
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they desire to undertake such construction. Upon receipt of a
completed permit application the Plaintiff agrees to review, process,
- and issue a permit in accord with Exhibit No. 1 and the concept of
no direct discharge to the Savannahs. ,
2. The Defendants agree not to undertake with or
without local or state permits the construction of roadways or other
facilities in or across the Savannahs or any part of the Savannahs,
except as provided for in (5) A. l. above.
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3. The Defendants agree to pay to the Plaintiff
ten thousand dollars ($10,000).in penalties for damages done to the
~ in the earthen
~ waters in the Savannahs by the Defendants in construct g
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