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713-FL Audubon Society Stipulation of Settlement ' ~ WI~REAS, the Florida Audubon Society, 1331 Palmetto Avenue, Winter Park, Florida 32789, a Florida non profit corporation, hereinafter referred to as ~Audubon" and the Sanford A/rport Authority, One Red C/ev~!~nd Boulevard, Suite 200, Sanford, Florida 32773, bereinafter referred to as the "Airport", are litigants involved ill Certain disputeS concerning the removal of the nest of a bald eagle and the construction of an airport runway; and, WFIEREAS, such disputes include matters raised in the following fopIres: (a) Division of Admlnlcffafive Hear~nEg case No's. 97-3925 and 97-3926'RU (concernln~ removal by the Airport of the eagles n~st) and (b) th~ Verified Pglli~on For Hearing filed by Audubon with the St. Johng' River Water M'a,~ement District, dated May 29, 1998, concernin~ Permit Application NO. 4-117-0263AGM.9-F. RP, in regard to an Environmental Resource Permit to allow construction of an airport rimway known as 9R-27L, and (c) a Verified Comp~I-~ FIled with the State of FlorLda: Department of Community Affairs, r~garding D.C.A. File No. MI,-697-02~.t' concerning the "Development of Regio,al Impact" status of ah'port coro~rilCtion ~' Wt'P~-REAS, the Rarties hereto have met in effort to resolve their disputes ana-_ conflicts and have determined it to be in their mutual interests to enter into a comprehensive settle~nent stipulation providln~ for the resolution of these matterS, -~: THERF~ORE, in consideration of the mutual obligations herein, it is agreed~: among the parties as follows: 1. Audubon and the Airport agree to the issuance of an uafter the fact" permit by the Florida Game and h-esh Water Fish Commi~on for the removal of bald eagle nest SI~ 40, which pennlt shall contain the following conditions: (a) The Airl~Ort and/or City of Sanford, as appropriate, shall execute a perpetual conservation easement in favor of the Florida Game and Fresh Water Fish Commission, St. John~' River Water Mgn~ement District and Florida Audubon Society over approximately 100 acreS of undeared, forested lands contiguous to an ~'in~ active eagles nest on "Site 10", as futfl~ described in l~hibit "A" hereto. Said easement Sh~n be consistent with the pro '~sions of Section 704.06, Florida Stablies, co!lcernino_ stlch ~, alld ~h~ll reqllire that the CiW, !ler~tnaftef referred to as "City", allow the lands subject to the easaaent to r,~in undeared and in a condition suitable for th~ nesting of bald eagles, ex~opt for such acts of God which are beyond the Clty's control, such as fire, tornado, or hurricane. Consistent with the provisiom of Section 704.06, Florida Statutes, the easement .~h~n allow the City to conduct reasonable management activities to m~_~i- the area, such as coiltrolled burnln~ and the relBoval Of exotic or nuisance v~getation. 'Die City nlay, subject to approval by and coordination with the easement grante~, construct a