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<br />. <br /> <br />WHEREAS. Standley Lake on Big Dry Creek, is a water supply reservoir which <br /> <br /> <br />provides significant inadvertent flood routing capability which reduces the <br /> <br /> <br />IOO-year discharge downstream from the reservoir; and <br /> <br />WHEREAS, CITY, which is the chief beneficiary of the flood routing <br /> <br /> <br />capabilities. desires to recognize the flood routing capabilities af the <br /> <br />reservef r; and <br /> <br /> <br />WHEREAS. it is the Parties' desire to obtain adequate aSSuranceS so that <br /> <br />the flood routlng capability of Standley Lake can be recognized; and <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 herefn. <br /> <br /> <br />the PARTIES hereto agree as follows; <br /> <br /> <br />1. Recoonition of Flood Routine Caoabi1ity in Master Plan. The master <br /> <br /> <br />plan for Big Dry Creek 'an~ tributaries shall contain language <br /> <br /> <br />recognizing the flood routing capabilfty of Standley Lake and <br /> <br /> <br />expressing the need to preserve that flood routing capability by <br /> <br />whatever means are available and appropriate should the reservoir <br /> <br /> <br />owners attempt to make changes which would decrease the flood routing <br /> <br />capabi 1i ty. <br /> <br />2. Maintenance of the Flood Routino Caoability. The PARTIES agree to <br /> <br /> <br />jointly take whatever actions are necessary, available and appropriate <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 /> <br />3. Council Resolution. The City Council has expressed its intent to take <br /> <br /> <br />the actions expressed in paragraph Z above (Resolutlon ria. 37. Series <br /> <br />of 19B6). <br /> <br /> <br />4. Bindino Effect. The provisions of this Agreement shall bind and shall <br /> <br /> <br />inure to the benefit of the Parties hereto and to their respective <br /> <br /> <br />successors and pennttted aSsigns. <br /> <br />WHEREFORE. the PARTIES hereto have caused this instrument to be executed by <br /> <br /> <br />properly authorized signatories as of the date and year above written. <br /> <br />2 <br />