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<br />..> <br /> <br />;, <br /> <br />1. <br /> <br />Recognition of Flood Routinlt Capabilities in Master Plan. The <br />master plan for Big Dry Creek and tributaries shall contain language <br />recognizing the flood routing capabilities of the Burlington-Northern <br />Railroad crossings of Big Dry Creek and Walnut Creek and the U. S. <br />36 crossing of Big Dry Creek and expressing the need 'to preserve <br />these flood routing capabilities by whatever means are available and <br />appropriate should the embankment or flood pool owners attempt to <br />make changes which would d.ecrease the flood routing capabilities. <br /> <br />2. Maintenance of the Flood Routing Capabilities. The PARTIES agree <br />to jointly take whatever actions are necessary, available and <br />appropriate to assure that the flood routing capabilities. of the <br />.....h>lnkments will be maintained when and if the embankment or <br />flood pool owners attempt to make changes which would reduce the <br />flood routing capabilities. <br /> <br />3. Council Resolution. The City Council has expressed its intent to <br />take the actions expressed in Paragraph 2 above (Resolution No.7, <br />Series of 1989). <br /> <br />4. Binding Effect. The provisions of this Agreement shall bind and <br />shall inure to the benefit of the PARTIES hereto and to their <br />respective successors and IJE\nnitted assigns. <br /> <br />4. No Third Party Rights. Not:hing herein shall be deemed or construed <br />as creating any rights in favor of any third party as against the <br />City or the District and an),' such intent to create any alleged third <br />party beneficiaries to this Agreement is expressly disclaimed. <br /> <br />WHEREAS, the PARTIES hereto have caused this instrument to be <br />executed by properly authorized signatories as of the date and year above <br />written. <br /> <br />(SEAL) <br />ATTEST: <br /> <br /> <br />By <br /> <br />(fidt ,A/~rr~ <br />Ci Clerk <br /> <br />Date <br /> <br />APPROVED AS TO FORM: <br /> <br />~~t~;,~CJ2&f <br /> <br />"" <br />, ' <br />~ \, ; . <br />(SEAL) <br /> <br />, <br />, <br /> <br />URBAN DRAINAGE AND <br />FLOOD CZROL D-;tICT <br /> <br />By r/ dt .,,~ <br /> <br />I )J~~gt#y <br /> <br /> <br />, <br /> <br />Title Executive Director <br /> <br />Date 'f/;V/R4 <br /> <br />'" <br />