O-2021-3824 to revise 2012 ETJ exchange agreement between the City of La Porte and City of Pasadena

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homes. The area has experienced severe flooding, with a number of homes suffering repetitive losses. In the 2009 City Wide Drainage Study (available on the City's website), the City of La Porte identified several capital projects directly benefiting the drainage area immediately north of the Pasadena Convention Center and Fairgrounds site. Based on the substantial potential capital projects costs and other engineering studies the Parties believe that reductions in the range of % foot to one foot of the water surface elevation through downstream improvements constructed by the City of Pasadena would have significant financial benefit to the City of La Porte, both in terms of reduced exposure to flood losses and opportunity to avoid certain capital expenditures. Any conveyance of the Pasadena Annexation Property to a third -party will include and be subject to a restrictive covenant in recordable form, obligating the purchaser to abide by the terms of this Agreement, Including the obligation to 1) install drainage infrastructure providing for all duly required storm water detention exclusive of any storm water detention requirements made necessary due to construction on the Pasadena Annexation Property, and 2) Pasadena will provide La Porte the necessary modeling information performed by Klotz Associates, Inc. for future LOMR submittal to FEMA. La Porte and Pasadena understand and agree that Pasadena's construction of Drainage Improvements constitutes no guarantee or assurance that such Improvements will, in fact, cause or result in a reduction of flood waters or flooding in any area in La Porte. La Porte and Pasadena further agree that such Drainage Improvements as outlined In this Agreement do, in fact, constitute the best efforts of Pasadena to mitigate flooding in the area described. §MIlon 3. Except as amended as provided herein, the Interlocal Agreement between the City of Pasadena and the City of La Porte, effective as of July 3, 2012, shall remain in full force and effect. Agreed and accepted pursuant to City of Pasadena Ordinance No. 21-052, and effective April fi, 2021. City of Pasadena Public Works Director Robin Green City of Porte Autho d Representatve Date . � -, 8 l Date