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10 <br /> 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 /> • THIS agreement for maintenance and repairs of flood control and drainage facilities located <br /> on Snohomish County Property in Former Drainage District Number 6, (herein,"Agreement") <br /> is made by and between SNOHOMISH COUNTY, a political subdivision of the State of <br /> Washington(hereinafter"the County"), the CITY OF EVERETT,a Washington municipal <br /> corporation(hereinafter"the City"), PUGET SOUND ENERGY, INC., a Washington <br /> corporation(hereinafter"PSE")and OLYMPIC PIPE LINE COMPANY, a Delaware <br /> corporation(hereinafter"OPL"). The County,the City, PSE, and OPL are collectively <br /> referred to herein as"the Parties". <br /> • WHEREAS, on August 28, 2002 Snohomish County Council passed ordinance 02-040, <br /> dissolving Drainage District No. 6; and <br /> • WHEREAS,the flood control facilities owned by former Drainage District No. 6, including <br /> dikes,drainage ditches, culverts and tidegates,(the"Facilities")provide flood protection <br /> functions that may be beneficial to Puget Sound Energy, Olympic Pipe Line Company, <br /> Snohomish County,and the City of Everett; and <br /> • WHEREAS, prior to the execution of this Agreement, the City, PSE and OPL have made use <br /> of the Facilities located upon the property owned by the County,without compensation to the <br /> County or former Drainage District No. 6,to obtain some flood control and drainage benefits <br /> for the assets owned by the City, PSE and OPL described herein. The City, PSE and OPL <br /> desire to continue to make such use of these Facilities; and <br /> • WHEREAS,the Parties desire to cooperate in the maintenance and repair of the Facilities in <br /> the former Drainage District No. 6 for their mutual benefits during the term of this Agreement <br /> while the Parties evaluate possible future options regarding their property and assets; and <br /> • 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 contained <br /> herein, the Parties agree as follows: <br /> 1. ASSETS OF PARTIES <br /> PSE Electric Transmission Lines. PSE owns and operates two parallel electric <br /> transmission lines located crossing property owned by the County within former Drainage <br /> District No. 6 in Snohomish County in accordance with its rights granted through easements. <br /> These two lines are known as the Horse Ranch-SCL Bothell 230 kV line and.the Beverly Park- <br /> Beaver Lake 115 kV line. PSE retains sole authority and responsibility for the design, <br /> construction,repair, maintenance,and operation of its electric transmission lines before, <br /> during and after the maintenance activities undertaken pursuant to this Agreement. <br /> Cost Share Agmt Final.doc Page 1 <br /> 80 <br />