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Memorandum — Kurpil 66th Avenue Board of County Commissioners Page 12 The proposed amendment focuses on five main areas: • Construction of a swale along the south property line of the county owned stormwater parcel abutting the Kurpil property and installation of an outfall pipe from the Kurpils' pond to the swale • Planting a buffer along the east side of the property. The space may be a bit tight for a standard Type "C" buffer, but the area will be planted with trees spaced 20 feet apart for a total of 16 trees (8 to 10 ft in height @ $900.00 ea x 16 = $14,400) and shrubs spaced 3 feet apart for a total of 104 shrubs. ($20.00 ea x 104 = $2,080.00). • Replacement and installation of 311 linear feet of three board wooden fence along the east side of the property. ($22.10/foot for three board fence with posts x 311 feet = $6,873.10) • Placement and grading of fill on the north side of the Kurpils' pond. The County will provide two Toads of fill to be graded by the Kurpils and sodded by the County. (32 Cubic Yards delivered @ $15.00 CY = $480.00) • Lease of the adjacent remainder pond parcel to the north of the Kurpils' property. The County purchased the five acre parcel adjacent and to the north of the Kurpils for use as a stormwater retention pond. The pond takes up roughly half of the five acre site leaving a few acres unused. The Kurpils claim they had a handshake agreement with the previous owners to graze their horses on what is now the remainder parcel. Staff is agreeable to lease the remainder parcel to the Kurpils with the condition that no equipment or structures other than fencing (approved in advance by the County) be permitted on the property The lease term of the remainder pond parcel to the north is set at 15 years, is not assignable and either party having the option to cancel the lease upon 90 days' notice. The above listed tasks totaling $23,833.10 are to be done at the County's expense and the lease of the remainder pond parcel would be in consideration of further compensation to the Kurpils. After more than a year of negotiations and exchanges of offers and counter offers, staff is pleased that a resolution has been reached between the parties. FUNDING: Funding for this acquisition is budgeted as part of the 66th Ave improvement project from SR 60 to 49th Street. Traffic Impact Fees/District II- Account # 10215241-066120-06040 is the source of revenue STAFF RECOMMENDATION: Staff recommends the Board approve the Amendment to Agreement to Purchase, Sell and Lease Real Estate and Lease Agreement and authorize the Chairman to execute the Amendment on behalf of the Board WKD c: Randy and Linda Kurpil Attachments: Amendment and Lease Agreement 321 i