2009/10/21 Council Agenda Packet

• 6. LICENSES FOR USE OF FACILITIES LOCATED ON COUNTY PROPERTY In consideration of the financial contributions set forth herein and the covenants expressed herein, the County grants licenses to the City and PSE thereby permitting the City and PSE to continue to make use of the Facilities located on the County's property during the term of the Agreement to obtain such flood control and/or drainage benefits as may, from time to time, occur as a result of the existence of the facilities located upon the County's property. The County further covenants that during the term of this Agreement,it shall not revoke the licenses herein granted unless compelled by law to do so and it shall take no action to remove or intentionally damage the Facilities located upon its property or to interfere with the City's and PSE's use of those Facilities to obtain possible flood control and/or drainage benefits. 7. CITY AND PSE EASEMENTS The City and PSE each possess easements and/or other rights securing their use of the County's property wherein the Facilities are located for the purpose of locating, maintaining and operating their water and electric transmission lines. Except as provided in the express waivers and releases set forth in Section 11, nothing contained in this Agreement is intended nor shall it be construed as restricting, limiting, terminating, expanding, or in any other way affecting any of the rights of the Parties under such easements and/or other rights. 8. COUNTY'S DISCLAIMERS AND LIMITATION OF OBLIGATIONS In granting the licenses and making the covenants set forth herein, the Parties agree that, consistent with the provisions of RCW 36.96.040 (dissolution of inactive special purpose districts by county legislative authority), the County has no obligations as successor to former Drainage District No. 6 or otherwise and the County's only obligations to the other Parties as concerns the subject matter of this Agreement are those provided by the express written terms of this Agreement and the Tasks specified herein. Further, nothing in this Agreement is intended to nor shall it be construed as creating a new drainage or other special purpose district wherein the Facilities are located and all Parties agree to waive any claim that this Agreement or the execution of it by the County constitutes the creation of any such new district. The County specifically disclaims and disavows any responsibility with regard to the property and facilities within former Drainage District No. 6 above and beyond that which existed prior to the execution of this Agreement, including but not limited to any warranty, express or implied,that the Facilities have been, are, or will be designed, constructed, or maintained to provide any flood control, drainage,or other benefit to any person or entity. 9. CITY and PSE COVENANTS As to the City's or PSE's determinations with regard to whether the City or.PSE will obtain any flood control or drainage benefit from the Facilities located upon the County's property or the Tasks covered by this Agreement, the City and PSE each rely solely and entirely upon Draft 2009 DD6 Agreement .-Nge 6