Hold PHearing_Purchase of Real Property

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necessary to deal with potential increases in flood depth predicted around the existing residential structure on Assessor Parcel 9 702036 on the Flying M Adjoining Property from removal of the Hanson Pits levee on Assessor's Parcel ## 17895 or the removal of the downstream berm on parcel 4508933). The avulsion study's flood inundation map will provide the predictive flood depth that will inform the required height of the Flood Mitigation Berm. (b) The County will share with Moeur and Kelly (i) the results of the Hansen Pits Channel Mitigation and Avulsion Risk Assessment, and (ii) the resulting recommended height of the Flood Mitigation Berm, and (iii) the specific design specifications for the Flood Mitigation Berm once the County has results from the avulsion study and before the County commences construction of the Flood Mitigation Berm. (c) The County will construct the Flood Mitigation Berm before or concurrently with any County actions being undertaken at Hansen Pits. The County shall be solely responsible for the design, pennitting, construction and cost of the Flood Mitigation Berm. The County will complete the design and construction of the Flood Mitigation Berm in a diligent and workmanlike manner and in compliance with all applicable local, state and federal requirements for such design and construction work. The County may complete the design and construction work using County employees, or, at its sole discretion, by hiring third party contractors to complete the work. The County shall be responsible for ensuring that the Flying M Adjacent Property is free from any liens or encumbrances arising from the design, permitting and construction work on the Flood Mitigation Berm. (d) Moeur and Kelly shall grant to the County a temporary construction easement over the Flying M Adjacent Property in order for the County to have access to the Flying M Adjacent Property as is reasonably necessary and convenient to complete the design and construction of the Flood Mitigation Berm. (e) The County shall present the results of the avulsion risk analysis and berm design specifications to Moeur and Kelly no later than December 31, 2021, shall commence construction of the Flood Mitigation Berm no later than December 31, 2025, and shall complete construction of the Flood Mitigation Berm no later than December 31, 2027. The County will not make modifications to existing flood protection structures at Hansen Pits before commencing construction of the Flood Mitigation Berm. 5. Post -Closing Action or Improvement No 2: Fence. The County's acquisition and management of the Subject Property as a public open space and recreational area will attract members of the general public to the Subject Property. Without clear delineation of the Subject Property from the retained Flying M Adjacent Property, visitors to the Subject Property once it is in County ownership may result in members of the public mistakenly trespassing onto the Flying M Adjacent Property. To reduce the risk of such trespassing, the County will construct a fence separating a portion of the Subject Property from the Flying M Adjacent Property for the purpose of thwarting public access to the Flying M Adjacent Property (the "County Fence"). The County Fence shall designed and constructed according to the following specifications and terms: 3