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• <br /> MODIFIED AGREEMENT FOR MAINTENANCE <br /> AND REPAIRS OF FLOOD CONTROL AND ASSOCIATED DRAINAGE FACILITIES <br /> LOCATED ON COUNTY PROPERTY IN FORMER <br /> DRAINAGE DISTRICT NUMBER 6 <br /> A. WHEREAS,this agreement for maintenance and repairs of flood control and drainage <br /> facilities located on Snohomish County property in former Drainage District No. 6, <br /> ("Agreement") is made by and between SNOHOMISH COUNTY,a political subdivision <br /> of the State of Washington("the County")and the CITY OF EVERETT, a Washington <br /> municipal corporation("the City"). The County and the City are collectively referred to <br /> herein as "the Parties"and individually as a"Party." <br /> B. WHEREAS, on August 28,2002, Snohomish County Council passed ordinance 02-040, <br /> dissolving Drainage District No. 6; and <br /> C. WHEREAS,the flood control facilities owned by former Drainage District No. 6, <br /> including dikes, drainage ditches, culverts and tidegates (the "Facilities"),provide flood <br /> protection functions that may be beneficial to the Parties; and <br /> D. WHEREAS,prior to the execution of the agreements outlined below,the City has made <br /> use of the Facilities located upon the property owned by the County,without <br /> compensation to the County or former Drainage District No. 6,to obtain some flood <br /> control and drainage benefits for the assets owned by the City described herein. The City <br /> desires to continue to make such use of these Facilities;and <br /> E. WHEREAS,the Parties listed above, as well as the Olympic Pipe Line Company, a <br /> Delaware corporation and Puget Sound Energy, a Washington Corporation(PSE), <br /> entered into an agreement for maintenance and repairs of flood control and associated <br /> drainage facilities located on County property in.former Drainage District No. 6 <br /> ("Original Agreement"),with an effective date of June 1,2004; and <br /> F. WHEREAS,in 2005 the Olympic Pipe Line Company withdrew from the Original <br /> Agreement after upgrading its facilities located in the former Drainage District No. 6; and <br /> G. WHEREAS,the City, County, and PSE updated the Original Agreement to reflect the <br /> new partnership and reduce the scope of work by entering into a revised agreement for <br /> maintenance and repairs of flood control and associated drainage facilities located on <br /> County property in former Drainage District No. 6 ("Revised Agreement"), with an • <br /> effective date of January 1,2006; and <br /> H. WHEREAS,the City, County, and PSE amended and restated the Revised Agreement to <br /> the extend the term,adjust the cost sharing structure and make certain other alternations <br /> and amendments by entering into an amended and restated agreement for maintenance <br /> • <br /> and repairs of flood control and associated drainage facilities located on County property <br /> in former Drainage District No. 6 ("Amended and Restated Agreement"),with an <br /> effective date of September 1,2009; and <br /> 2015 DD6 Agreement Page 1 <br />