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I. WHEREAS,the term of the Amended and Restated Agreement expired on September 1, <br /> 2014; and <br /> J. WHEREAS,PSE notified the City and the County in 2014 that after it upgraded its <br /> facilities located in the former Drainage District No. 6 it does not want to participate in a <br /> new maintenance agreement; and <br /> K. WHEREAS,the Parties desire to modify the Amended and Restated Agreement to extend <br /> the term, adjust the cost sharing structure, and make certain other alterations and <br /> amendments necessitated by the removal of PSE as participant as set forth herein by <br /> entering into a modified agreement for maintenance and repairs of flood control and <br /> associated drainage facilities located on County property in former Drainage District No. <br /> 6 ("Agreement"); and <br /> L. WHEREAS, the Parties desire to continue cooperating in the maintenance and repair of <br /> the Facilities in the former Drainage District No. 6 for their mutual benefits during the <br /> term of this Agreement while the Parties evaluate possible future options regarding their <br /> property and assets; and <br /> M. WHEREAS,the Parties agree,pursuant to the terms and conditions of this Agreement to <br /> cooperate and fund the maintenance and repair of these Facilities. <br /> NOW, THEREFORE, in consideration of the mutual benefits and covenants <br /> contained herein,the Parties agree as follows: <br /> 1. ASSETS OF PARTIES <br /> City Water Transmission Line. The City owns and operates Water Transmission Line <br /> No. 5 located within easements crossing property owned by the County within former <br /> Drainage District No. 6 in Snohomish County. The City retains sole authority and <br /> responsibility for the design, construction,repair,maintenance, and operation of its water <br /> transmission line before, during and after the maintenance activities undertaken pursuant to <br /> this Agreement. This Agreement shall not be construed as an assumption by the County of <br /> any authority,responsibility, or liability with regard to the design, construction,repair, <br /> maintenance, or operation of the City's water transmission line nor shall the design, <br /> construction,repair,maintenance, or operation of the water transmission line be considered a <br /> joint undertaking,partnership, or joint venture by the City and the County. <br /> County Property. The County owns real property located within former Drainage <br /> District No. 6 in Snohomish County. Located upon this property are flood control and <br /> associated drainage facilities constructed by the former Drainage District No. 6. The <br /> County's property is subject to easements granted to the City for its water transmission line. <br /> 2015 DD6 Agreement Page 2 <br />