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WHEREAS, pursuant to the Oxbow MOU, and as part of the OHB Levee Project certain <br />acreage lying south of the city of Oxbow was acquired for the purpose of providing land for the <br />routing of the levee, itself, along with land to be used for replacement residential lots, for the <br />streets and other amenities that will serve said replacement lots, for replacement of portions of the Oxbow CC golf course and land upon which a replacement clubhouse (and surrounding <br />facilities) will presumably be located; and, <br /> <br />WHEREAS, the Diversion Authority wishes to acquire portions of the real property and <br />improvements owned by Oxbow CC, including the club house and surrounding facilities as well as a portion of the 18-hole Oxbow Golf Course—said acquisition due to the fact that the intended <br />route of the levee will lie on or near the site of the existing clubhouse and will sever the 18-hole <br />golf course into two portions with a number of holes lying on the easterly side of the levee and/or <br />negatively impacted by the levee; and <br /> WHEREAS, as part of said acquisition, the Diversion Authority will also propose certain <br />relocation assistance including the replacement of the impacted holes to be acquired from <br />Oxbow CC along with the relocation of several additional holes, said replacement and relocated <br />holes to be located on the aforesaid replacement land lying south of the city of Oxbow; and <br /> WHEREAS, construction on the replacement golf holes has already commenced with the <br />initial earth work necessary to bring the replacement golf holes at a rough grade; however, <br />additional earth work, fine grading and shaping is necessary to finish construction of said <br />replacement holes and to prepare said holes to receive grass seed and other improvements (i.e. <br />sand for bunkers, etc.) [hereinafter referred to as the “Finish Construction”]; and <br /> WHEREAS, both Diversion Authority and Oxbow CC would like said golf course <br />Finish Construction to commence as soon as reasonably possible and it is the hope of the parties <br />hope that work can be completed to such stage that grass seed can be planted before the end of <br />the customary construction season in 2014; <br /> NOW, THEREFORE, IT IS HEREBY AGREED: <br /> 1. The Diversion Authority agrees that it shall enter into good faith negotiations for <br />a comprehensive agreement providing funds for the following: <br />1.1 For acquisition funding to the Oxbow CC for such land, buildings <br />(clubhouse) and improvements (pool, parking lot, events area, and related <br />items) as is necessary for the O-H-B Levee to be constructed. <br />1.2 For acquisition funding to the Oxbow CC for any land and improvements <br />(including land used as golf holes) that would remain unprotected from <br />flooding induced by the Metro Flood Project. <br />1.3 To reimburse Oxbow CC for all reasonable costs incurred in modifying <br />existing golf holes that will remain within the protected area but which will <br />2