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20 � � � Q69 � c. The City shall provide an outlet from the Grantor's lake to the Wood River using a conduit with a mechanical gate which will be normally closed to prevent back flows from the river to enter the lake. The mechanical gate will be operated by the City or a homeowners association for the property owners on Firethorne Lake,to drain Firethome Lake into the Wood River.Neither pariy shall operate the gate in such a manner as to permit water from the Wood River to flow in to Firethorne Lake. The gate shall be fitted with a lock to prevent operation by unauthorized persons and notice shall be provided to the City or a designated representative of the homeowner's association, as the case may be, when the gate is operated. d. The Grantee agrees that in the event the Grantor's lake suffers environmental damage or contamination from inflow of surface waters from Grantee's drainage sources, the Grantee will hold the Grantor harmless. If the U.S. Environmental Protection Agency (USEPA) or Nebraska Department of Environmental Quality(NDEQ)determines that environmental damage has occurred from such inflow,the Grantee will clean the lake and its waters in accordance with such remediation plan as is required and approved by the USEPA or NDEQ. For purposes of this Drainage Easement Agreement, environmental damage or contamination is herein defined as any substantial deviation from the standards identified in the tests conducted on Vanosdall Lake and Firethorne Lake on August 26, 1996 and May 16, 1997. Said test results are attached hereto as Exhibit C and made a part hereof. e. In furtherance of the interests of the Grantee and Grantor as expressed in this Drainage Easement the Grantee shall perform tests of the water samples from Firethorne Lake and Vanosdall Lake four times each year in the laboratory at the Grantors' Waste Water Treatment Plant to monitor water quality. Additional tests shall be done upon the request of the Grantor or the designated homeowner's association for Vanosdall Lake or Firethorne Lake in the event there is cause to believe contaminants have entered either lalce from inflow of surface waters from the Grantee's drainage sources. f. The Grantee shall install, inspect, maintain, repair and clean trash grates in the drainage inlet into Vanosdall Lake to prevent the introduction of garbage,trash and junk from inflow of waters through the storm water sewer system. The Grantors or a homeowners association may install a fish screen between the Wood River and Firethorne Lake, and Vanosdall Lake and Firethorne Lake to prohibit fish traveling between the bodies of water. The Grantee shall reimburse the homeowner's association up to One Thousand Dollars ($1,000.00) for the cost of constructing said fish screens. The Grantor or the homeowner's association for Firethorne Lake shall inspect, maintain and clean the fish screen as needed to insure its continued successful operation. The Grantors and Grantee covenant and agree that this Drainage Easement Agreement shall remain in full force and effect in perpetuity or until such time as it is mutually terminated by the parties and that terms and conditions set forth above shall run with the land and be binding or.the parties personal representatives,heirs, successors and assigns. Dated: �1��, 1999 - 2 - - __ _ �