Furnishing and Cost of Dirt Sample Clauses

Furnishing and Cost of Dirt. The Owner has no obligation to purchase or haul in dirt, from anywhere other than from the Golf Course Property, or the Property, to bring the Golf Course to the final grade as required by the City’s plans. On the contrary, the Owner shall not have to furnish more than 250,000 cubic yards of dirt, which shall consist of clean fill, and no muck (Herein “dirt”), from the dredging of the lakes or the clearing of the streets on the Golf Course Property and from the Property, in order to shape the greens, fairways, tees, and rough. The City shall pay $1.00 for each cubic yard of Dirt that comprises the first 250,000 cubic yards of dirt, which the City will physically pay or transfer into the City’s Water and Sewer Impact Fee Fund. If more than 250,000 cubic yards of Dirt are necessary for the grading of the Golf Course property, the Owner is obligated to furnish the additional Dirt that is needed, from excavations from the Golf Course Property. The Owner may choose to meet this obligation, however, by furnishing the additional Dirt from the Property itself. In any event, the City will pay the Owner $1.75 per cubic yard of Dirt for an additional 350,000 cubic yards of Dirt that the Owner furnishes and puts in place. If the design of the Golf Course on the Golf Course property requires the Owner to furnish more than 600,000 cubic yards of Dirt, the compensation to the Owner for the additional Dirt or fill may be renegotiated by either side. The Owner shall have the right to dig as many lakes as the Owner believes to be necessary or desirable on the property, so long as all such lakes are in compliance with the master drainage plan for the PUD. No digging of lakes or dredging of retention areas shall be done unless and until all necessary permits have been obtained, and provided that all such digging and dredging is done in full compliance with all applicable governmental rules, regulation, and standards, including, without limitation, those promulgated by the St. John’s River Water Management District.
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