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MEMORANDUM OF AGREEMENT <br /> BETWEEN <br /> SSHI LLC,D/B/A/D.R. HORTON AND <br /> KITTITAS COUNTY FLOOD CONTROL ZONE DISTRICT <br /> SUPPORTING WHISKEY CREEK FLOOD MANAGEMENT <br /> THIS MEMORANDUM OF AGREEMENT ("MOA")is made and entered into by and between <br /> SSHI LLC, d/b/a/D.R. Horton,hereinafter referred to as"DRH,"and the Kittitas County Flood <br /> Control Zone District,hereinafter referred to as the"District,"and collectively referred to as the <br /> "parties." <br /> WHEREAS, Kittitas County established a County-Wide Flood Control Zone District(District) <br /> pursuant to chapter 86.15 RCW for the purpose of addressing flood management needs within the <br /> county; and <br /> WHEREAS, RCW 86.15.080(8) grants flood control zone districts the power to cooperate with any <br /> private corporation for flood control purposes; and <br /> WHEREAS, DRH, a private corporation, owns that certain real property commonly known as Black <br /> Horse at Whiskey Creek("DRH Property"); and <br /> WHEREAS,the District has secured easements along Whiskey Creek for the purpose of <br /> implementing stream channel.and flood conveyance improvements; and <br /> WHEREAS, DRH and District desire to cooperate to improve flood management along Whiskey <br /> Creek, where Whiskey Creek runs along the eastern edge of the DRH property. <br /> WHEREAS, DRH and District desire to establish a Memorandum of Agreement to define DRH's <br /> and the DISTRICT's respective roles,project contributions, and specifying funding for cooperative <br /> Whiskey Creek flood management. <br /> NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth <br /> herein,it is agreed by and between the parties as follows: <br /> I. SCOPE <br /> The parties will work together in a cooperative fashion to manage Whiskey Creek within the project <br /> area by 1)identifying roles and responsibilities associated with the flow restriction plate at the Bender <br /> Road bridge and 2) designing, implementing, installing, and maintaining the Whiskey Creek Inset <br /> Floodplain project, as further described in Appendix A and hereafter referred to as the "floodplain <br /> project." <br /> II. PERIOD OF PERFORMANCE <br /> This Agreement will go into effect on September 3, 2024, and shall be in place until December 31, <br /> 2027,unless terminated sooner as provided herein. <br /> III. ROLES AND RESPONSIBILITIES <br /> A. DRH will: <br />