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WHEREAS, the Council in consideration of this con- -
firmation bq Rebus and FPbcL ;e willing to forego any appeal
' of the Development Order~as ~it relates to the Property.
NOW, THEREFORE, in consideration of the recitals set _ -
forth above. and-the benefits to be obtained hereby, Rebus,
FP~L and the Council hereby agreE as follows:
(A) For the purposes of this Agreement, the term
"Cypress Area" shall mean that part of the-Property -
enclosed in red on the aerial photograph marked as Exhibit B
attached hereto and made a part hereof.
(B) Within ninety (90} days of the date t'he construe- -
tion of the first transmission line which is the subject - -
of the Development Order has been completed by FP~L on-the
Property, Rebus, at its cost and expense, shall:.-
- (i) -construct- an earth berm 2-3 feet .
in height along the southern right-of-way
fence line of the Sunshine Parkway as it
passes through the Cypress Area;-
(ii) breach all existing dikes in -the
- Cypress Area which impede the flow of water
into the Cypress Area in order to permit the
free flow of surface water. into the Cypress
Area; and,. -
(iii) obstruct all culvarts in the
Cypress sires which drain the Cypress Area to
encourage regeneration of the Cypress Area.
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