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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 86.15080(8) grants flood control zone districts the power to cooperate with any <br />private corporation for flood control,purposes; and <br />j <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 />proj ect." <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 />