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flood rise around the residential structure on parcel #702036 on the following terms: Kittitas County will utilize the results of the most recent Yakima River avulsion study (Watershed Science and Engineering's "Hansen Pits Channel Mitigation and Avulsion Risk Assessment") to mitigate increases in flood depth predicted around the existing residential structure on parcel #702036 associated with Kittitas County management changes at Hanson Pits (either at the Hanson Pits levee on parcel #17895 or at the downstream berm on parcel #508933). The avulsion study's flood inundation map will provide predictive flood depth that will inform the required height of any flood mitigation berm. Kittitas County will construct a flood mitigation berm as necessary, coincidental with any Kittitas County actions at Hansen Pits, to address predictive water depth around the existing residential structure on parcel #702036. Design specifications will be provided once Kittitas County has results from the avulsion study. The general location of the berm is shown in Exhibit D. (iii) Fence. In addition to the Subject Property, Flying M Ranch or its Governors owns an additional nine (9) parcels consisting of Parcels A -H and J of that survey recorded under AFN 202012160060 ("Flying M Ranch's Adjoining Property"). Buyer shall have provided to Flying M Ranch written confirmation signed by both Buyer and Flying M Ranch, indicating that Buyer, at Buyer's sole expense, will construct a fence separating a portion of the Subject Property from Flying M Ranch's Adjoining Property for the purpose of thwarting public access to Flying M Ranch's Adjoining Property. The construction of the fence shall occur post - closing, and shall be completed according to the following terms: The fence shall be located on the Subject Property as indicated on Exhibit E attached hereto and hereby incorporated by this reference, using either (i) Four -strand barbed wire with wood posts at every 60 feet and metal T posts at every 20 feet with wood post comer 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 mutually agreed to between Kittitas County and Flying M Ranch. If Flying M Ranch wishes to upgrade the fence beyond the specifications set forth above, then Flying M Ranch and Kittitas County may enter into a cost -share agreement whereby Flying M Ranch will construct the fence and Kittitas County will instead contribute Ten Thousand Dollars ($10,000.00) towards the cost of a fence constructed by Flying M Ranch. The construction of the fence shall be completed within two years after closing. (iv) Water Mitigation Certificates. At closing, as part of the Purchase Price for the Subject Property, Buyer shall provide Seller or Seller's designee with seven (7) Water Mitigation Certificates. Each Water Mitigation Certificate allows for an 0