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Memorandum — Kurpil 66th Avenue Board of County Commissioners Page 12 The Kurpils contacted the County about a year ago concerning run off on their property which they attributed to the 66th Avenue Project. Numerous site visits were conducted by the County Engineer, County Project Engineers, County Construction Coordinators, the Contractor's Project Managers and the Contractor's subcontractors. Drafts of Amendments to the original Purchase Agreement were exchanged between the County and the Kurpils. The proposed amendments focused on five main areas: • Construction of a swale along the north property line and installation of an outfall pipe from the Kurpils' pond to the swale • Planting a buffer along the east side of the property • Installation of a fence along the east side of the property • Placement and grading of fill on the north side of the Kurpils' pond • Lease of the adjacent remainder pond parcel to the north of the Kurpils' property The above listed tasks would 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. Three different drafts of Amendments have been exchanged between the parties and to date, the parties have not been able to reach consensus on the various terms at issue. Attached as Exhibit A is the 3-13-2015 draft of the Amendment sent by the County to the Kurpils. Attached as Exhibit B is the 5-1-15 response received by the County from the Kurpils. The main differences are as follows: • Payment by the County to the Kurpils in the sum of $10,000 for the swale on the north property line. No compensation had been discussed in the previous two drafts. • Monitor the flow of water to the drainage grate on the neighboring property to the south so it will not back up on the Kurpil property. If it does, the County would go onto the neighboring property and attempt to remedy the problem together with performing more drainage work on the Kurpil property. This was not discussed in the two previous drafts. • Clean their pond of cattails. This was not discussed in the two previous drafts. • Grade and sod four dump trucks of fill around the north side of the Kurpils' pond. After meeting with the Kurpils, they had agreed to two loads of fill and the Kurpils would grade it themselves. • Plant 24 privet trees at least 16 feet wide on the County's property along the 66th Avenue frontage. This would seem to be excessive. If installed as the Kurpils wish, it would be a continuous line of trees 384 feet long when only 311 feet needs to be taken into account. Plus, this type of density would allow for no future growth laterally. • Plant 210 arbicolas along the 311 foot 66th Avenue frontage in a double hedge. A type "C" buffer does not contemplate a double row of bushes, only a single row. 205