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<br />WHEREAS, Standley Lake on Big Dry Creek, is a water supply reservoir which <br /> <br />provides significant inadvertent flood routing capability which reduces the <br /> <br />lOO-year discharge downstream from the reservoiri and <br /> <br />WHEREAS, CITY, which is the chief beneficiary of the flood routing <br /> <br />capabilities, desires to recognize the flood routing capabilities of the <br /> <br />reservo! ri and <br /> <br />. <br /> <br />WHEREAS, it is the Parties' desire to obtain adequate aSSuranceS so that <br /> <br />the flood roudng capabilIty of Standley Lake can be recognIzed; and <br /> <br /> <br />WHEREAS, DISTRICT, In cooperation wIth CITY, is completIng a master plan <br /> <br /> <br />for Big Dry Creek and tributaries; <br /> <br /> <br />NOW, THEREFORE, in consIderation of the mutual promIses contained heretn, <br /> <br /> <br />the PARTIES hereto agree as follows: <br /> <br /> <br />I. Recoan;tion of Flood Routinq Caoability in Master Plan. The master <br /> <br /> <br />plan for Big Dry Creek 'and tributaries shall contain language <br /> <br /> <br />recognizing the flood routing capability of Standley Lake and <br /> <br /> <br />expressing the need to preserve that flood routing capability by <br /> <br /> <br />whatever means are available and appropriate should the reservoir <br /> <br />ownerS attempt to make changes which would decrease the flood routing <br /> <br /> <br />capabil i ty. <br /> <br />2. Maintenance of the Flood RoutfnQ Caoability. The PARTIES agree to <br /> <br /> <br />jointly take whatever actions are necessary. available and appropriate <br />--- -.- ----- <br /> <br />to assure that the flood routing capability of Standley lake will be <br /> <br /> <br />maintained when and if the reservoir owners attempt to make changes <br /> <br /> <br />which would reduce the flood routing capability. <br /> <br />3. Council Resolution. The City Council has expressed its intent to take <br /> <br /> <br />the actions expressed in Paragraph 2 above (Resolution No. 37, Series <br /> <br />of 19B6). <br /> <br />4. Bindina Effect. The prOVisions of this Ag~eenent-shall bind and shall <br /> <br /> <br />inure to the benefit of the Parties hereto and to their respective <br /> <br />successors and permitted assigns. <br /> <br />WHEREFORE, the PARTIES hereto have caused this instrument to be executed by <br /> <br />properly authorized signatories as of the dace and year above written. <br /> <br />2 <br />