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9 <br /> Lake Chaplain Tract Land Management Off-License Agreement <br /> This Lake Chaplain Tract Land Management Off-License Agreement ("Agreement") is <br /> made and entered into this day of , 2009, by and between the Public Utility <br /> District No. 1 of Snohomish County("District"), City of Everett ("City"), and Washington <br /> Department of Fish and Wildlife ("WDFW") (collectively "Parties")with respect to the <br /> relicensing of the Henry M. Jackson Hydroelectric Project,No. 2157 (the"Project"),by the <br /> Federal Energy Regulatory Commission ("FERC" or"Commission") and the future management <br /> of the Lake Chaplain Tract. <br /> • <br /> RECITALS a <br /> WHEREAS, <br /> f_,d <br /> A. The Project is located on the Sultan River, approximately 24 miles east of Everett, <br /> Washington, in south central Snohomish County in Wallington State. <br /> B. Under the current FERC ProjecttLicense, the Lake ChaplainTract is managed <br /> pursuant to the Wildlife Habitat Managementf,an for the Het M. Jackson <br /> Hydroelectric Project ,a,ted May 198 "(thee".. MP"). <br /> C. The WHMP addresses` t ' tig :tion ofwildlfe impacts resulting from the <br /> construction and operatidt of In ,ject and rwas prepared by the City and the <br /> District in cooperation wit .lnited Stas,;:Departmetnt of Interior Fish and <br /> .�-r x , � yn <br /> Wildlif r AIMDFW, lJ ed St ° , men{t=elf Agriculture Forest <br /> ServiaL. d the' Clip Tribes• '' <br /> D. The cunt FERC P$oject LicenA*ill expire on May 31, 2011, and on May 29, <br /> OO y the District filed with the Commission a complete and final application <br /> (tl Application") fog a new FERC License to continue operating the <br /> Project`( .bw Liceise"). <br /> � fa <br /> E. The Lake Chi® a.i,n Tract:is not proposed by the District to be within the Project <br /> i� undary. ` . <br /> RMS OF THE AGREEMENT <br /> f'' <br /> NOW, THERE 1' I consideration of the mutual covenants set forth herein, the <br /> Parties, intending to be leg: bound, do hereby agree as follows: <br /> 1.0 Purpose of the Agreement <br /> This Agreement establishes by contract the City's obligation to manage the Lake <br /> Chaplain Tract, and the District's support of such management obligations.The Parties agree <br /> that as long as the City manages the Lake Chaplain Tract pursuant to the wildlife habitat <br /> objectives in this Agreement, wildlife resources on the Lake Chaplain Tract will be adequately <br /> protected. The Parties agree that the performance of this Agreement satisfies and is intended to <br /> Lake Chaplain Tract Agreement, 2009 8-6- <br />