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<br />" <br /> <br />"",.." <br /> <br />WHEREAS. Standley lake on Big Dry Creek, 1s a water supply reservoir which <br />provides significant inadvertent flood routing capability which reduces the <br />lOO-year discharge downstream from the reservoir; and <br />WHEREAS. CITY, which is the chief beneficIary of the flood routing <br />capabilities. des,ires to recognize the flood routing capabilities of the <br />reservoir; and <br /> <br />WHEREAS, it is the Parties' desire to obtain adequate aSSurances so that <br />the flood routing capability of Standley lake can be recognized; and <br />~IHEREAS. DISTRICT, in cooperation with CITY. is completing a rnaster plan <br />for Big Dry Creek and tributaries; <br />NOW, THEREfORE, in consideration of the mutual promises contained herein, <br />the PARTIES hereto agree as follows: <br />1. ReCOGnition of Flood RoutlnQ Capability 1n Master Plan. The master <br />plan for Big Dry Creek 'and tributaries shall contain language <br />recognizing the flood routing capability 'of Standley lake and <br />expressing the need to preserve that flood routing capabiT ity by <br />whatever means are available and appropriate should the reServoir <br />owners attempt to make changes which would decrease the flood routing <br />capability. <br />2. Maintenance of the Flood Routinq Capability. The PARTIES agree to <br />jointly take whatever actions are necessary, available and appropriate <br />to assure that the flood routing capabil ity of Standley lake will be <br />ma'intained when and if the reservoir owners attempt to make changes <br />which wDuld reduce the flood routing capability. <br />3. Counci J Resolution. The City Council has expressed its intent to take <br />the actions expressed in Paragraph 2 above (ResolL.ltion tlo. 37, Series <br />of 1986). <br /> <br />4. Bindina Effect. The provisions of this Agreerrent shall bind and shall <br />inure to the benefit of the Parties hereto and to their respective <br />successors and permitted assigns. <br />WHEREFORE, the PARTIES hereto have caused this instrument to be executed by <br />properly authorized signatories as of the date and year above written. <br /> <br />2 <br />