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. 3 •, <br /> 4 <br /> AMENDED AND RESTATED 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 Drainage District Number 6, <br /> ("Agreement") is made by and between SNOHOMISH COUNTY, a political subdivision <br /> of the State of Washington("the County"), the CITY OF EVERETT, a Washington <br /> municipal corporation("the City"), and PUGET SOUND ENERGY, INC., a Washington <br /> corporation("PSE"). The County,the City,and PSE are collectively referred to herein as <br /> "the Parties". <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 and PSE <br /> have made 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 and PSE described herein. <br /> The City and PSE desire 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, entered into an agreement for maintenance and repairs of flood <br /> control and associated drainage facilities located on County property in former Drainage <br /> District No, 6 ("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 three listed Parties updated the Original Agreement to reflect the new <br /> partnership and reduce the scope of work by entering into a revised agreement for <br /> maintenance and repairs of flood control and associated drainage facilitieslocated 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 Parties desire to amend and restate the Revised Agreement to extend the <br /> term of the agreement,adjust the cost sharing structure,and make certain other <br /> alterations and amendments as set forth herein by entering into an amended and restated <br /> agreement for maintenance and repairs of flood control and associated drainage facilities <br /> located on County property in former Drainage District No. 6("Agreement");and <br /> Draft 2009 DD6 Agreement 3 tap 1 <br />