Hold PHearing_Purchase of Real Property

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(a) The County Fence shall be located on the Subject Property as indicated on attached Exhibit D. (b) The County Fence shall use either (i) Four -strand barbed wire with wood posts at every 60 feet and metal T posts at every 20 feet with wood post corner reinforcing; (ii) Five - strand smooth wire with wood posts at every 60 feet and metal or fiberglass T posts at every 20 feet with wood post corner reinforcing; or (iii) Such other fencing material as may be mutually agreed to in writing between the County and Flying M. (c) The County shall be solely responsible for the design, permitting, construction and cost of the County Fence. The County will complete the design and construction of the County fence 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 of the County Fence using County employees, or, at its sole discretion, by hiring third party contractors to complete the work (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 County Fence. (c) The construction of the County Fence shall be completed no later than two (2) years from the date on which the County takes title to the Subject Property. (f) Notwithstanding the foregoing, before the County has commenced construction of the County Fence, Moeur and/or Kelly may notify the County in writing that they wish to see an upgrade in the design or materials of the County Fence beyond the specifications set forth above. if the County has not yet begun construction of the County Fence, then upon the County's receipt of such a request, Moeur, Kelly and the County will enter into a separate cost -share agreement whereby Moeur and Kelly will assume all responsibilities for the design and construction of the County Fence, and the County will pay to Flying M the sum of Ten Thousand Dollars ($10,000.00) towards the cost of the upgraded County Fence, which payment, once made by the County to Moeur and Kelly, shall be the County's sale obligation under this Agreement with regard to the design and construction of the County Fence. 6. Future Maintenance. The County shall be responsible for any necessary future maintenance, repair or replacement of the County Fence caused by normal wear and tear. Flying M will be responsible for any repair of the Flood Mitigation Bern and will be responsible for repair of the County Fence caused solely by the actions of Moeur and/or Kelly. 7. Indemnity. County shall defend, indemnify, and hold harmless Moeur, Kelly, and Flying M and all of Flying M's directors, officers, employees, and agents for, from and against all claims, demands, judgments, assessments, damages, penalties, fines, costs, liabilities or losses including, 4