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Snohomish County 8/28/2020
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Snohomish County 8/28/2020
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Last modified
2/26/2024 7:10:14 AM
Creation date
9/9/2020 10:19:10 AM
Metadata
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Template:
Contracts
Contractor's Name
Snohomish County
Approval Date
8/28/2020
Council Approval Date
8/12/2020
End Date
12/16/2025
Department
Public Works
Department Project Manager
Grant Moen
Subject / Project Title
Diking District 6 Maintenance Agreement
Tracking Number
0002400
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Interlocal Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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to be greater than$100,000,prior to initiation of the work, each Party to this Agreement shall <br /> place its estimated share of the cost in an account to be managed by the County. The County <br /> will be responsible for dispersing funds,reconciling final costs and invoicing or reimbursing <br /> each Party for any remaining share of the cost within 60 days of completion of the work. <br /> 6. LICENSES FOR USE OF FACILITIES LOCATED ON COUNTY PROPERTY <br /> In consideration of the financial contributions set forth herein and the covenants expressed <br /> herein,the County grants licenses to the City thereby permitting the City to continue to make <br /> use of the Facilities located on the County's property during the term of the Agreement to <br /> obtain such flood control and/or drainage benefits as may, from time to time, occur as a result <br /> of the existence of the facilities located upon the County's property. The County further <br /> covenants that during the term of this Agreement,it shall not revoke the licenses herein <br /> granted unless compelled by law to do so and it shall take no action to remove or <br /> intentionally damage the Facilities located upon its property or to interfere with the City's <br /> use of those Facilities to obtain possible flood control and/or drainage benefits. <br /> 7. CITY EASEMENTS <br /> The City possesses easements and/or other rights securing its use of the County's property <br /> wherein the Facilities are located for the purpose of locating,maintaining and operating their <br /> water transmission lines. Except as provided in the express waivers and releases set forth in <br /> Section 11,nothing contained in this Agreement is intended nor shall it be construed as <br /> restricting,limiting,terminating, expanding, or in any other way affecting any of the rights of <br /> the Parties under such easements and/or other rights. <br /> 8. COUNTY'S DISCLAIMERS AND LIMITATION OF OBLIGATIONS <br /> In granting the licenses and making the covenants set forth herein,the Parties agree that, <br /> consistent with the provisions of RCW 36.96.040 (dissolution of inactive special purpose <br /> districts by county legislative authority),the County has no obligations as successor to <br /> former Drainage District No. 6 or otherwise and the County's only obligations to the other <br /> Parties as concerns the subject matter of this Agreement are those provided by the express <br /> written terms of this Agreement and the Tasks specified herein. <br /> Further,nothing in this Agreement is intended to nor shall it be construed as creating a new <br /> drainage or other special purpose district wherein the Facilities are located and all Parties <br /> agree to waive any claim that this Agreement or the execution of it by the County constitutes .._ <br /> the creation of any such new district. <br /> The County specifically disclaims and disavows any responsibility with regard to the <br /> property and facilities within former Drainage District No. 6 above and beyond that which <br /> existed prior to the execution of this Agreement,including but not limited to any warranty, <br /> express or implied,that the Facilities have been, are, or will be designed, constructed, or <br /> maintained to provide any flood control, drainage, or other benefit to any person or entity. <br /> 2015 DD6 Agreement Page 6 <br />
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