Beatrice FMGP

The Property is subject to the following activity and use limitations: (a) Land use limitations: The Property shall not be used for any purpose other than open space, for existing utility infrastructure, and for access to the City property and utilities on the existing access road. Permanent buildings or other barriers or restrictions to conveyance of floodwater are prohibited. (b) Groundwater use limitations: Groundwater use is prohibited with the exception of sampling for water quality characterization or treatment. No wells other than water quality monitoring wells or closed loop ground heat exchange wells are allowed. (c) Disturbance limitations: Disturbance of clean fill cover or onsite excavation is limited to necessary access road maintenance, utility installation and repair or replacement, repair or maintenance of the site, and similar types of work. Any digging, excavating, grading, earth moving, or any other soil or land disturbance must be in accordance with the approved Operations and Maintenance Plan; and (d) Inspections: Until August 26, 2050, the Property shall be inspected annually and after significant flood events to maintain the integrity of the clean fill cover over the ISS columns, of the riverbank, of the vegetation, and to prevent or mitigate erosion and promote stability, as more fully set out in the Operation and Maintenance Plan dated March 2019 public record number 20190027559 as approved by the Agency on March 22, 2019 and as amended by public record number 20200064504 as approved by the Agency on April 23, 2020. The maintenance, mitigation, utility waste management and notification requirements of the amended Operation and Maintenance Plan remain in effect beyond said date.