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15 <br /> III. <br /> The Marshland Board of Directors or its designee shall serve as administrator of the storm <br /> and surface water control and treatment activities for which funds are provided under this <br /> Agreement. <br /> IV. <br /> Marshland shall keep records of all expenditures of funds paid by the City in accordance <br /> with this Agreement and shall provide the City with an annual statement of these expenditures. <br /> V. <br /> Each party hereto agrees to indemnify, protect and hold harmless the other and the other's <br /> elected and appointed officials and employees from and against all claims, demands and causes of <br /> action of any kind or character arising from and to the extent of its actions pursuant to this <br /> Agreement brought by a third party, including all reasonable costs and attorney's fees as well as <br /> costs and fees included in an appeal from the judgment of a lower court. This is not intended to <br /> limit the rights of either party to seek enforcement of the terms of this Agreement against the <br /> other. The City assumes no responsibility or liability whatsoever concerning drainage <br /> maintenance and/or operations within Marshland, except that it acknowledges its present <br /> responsibility relating to City owned realty. This Agreement does not authorize the acquisition or <br /> transfer of any real or personal property or interest therein between Marshland and the City. <br /> VL <br /> Both parties agree that this Agreement shall not relieve either of any obligation or <br /> responsibility imposed upon either by law unless it shall be done as provided in RCW <br /> 39.34.030(5). <br /> VII. <br /> This Agreement shall remain in force until December 31, 2011. <br /> VIII. <br /> The Agreement may be terminated only upon mutual consent of the parties or as provided <br /> in this paragraph. Notice to terminate this Agreement may be given in writing by one party to the <br /> other prior to November 1, 2011. After such notification, actual termination shall occur at the <br /> end of the calendar year. Marshland shall be paid the full amount of annual compensation for the <br /> year in which notice of termination is given. This Agreement does not provide for property <br /> acquisition and, therefore, a method of property disposal is not required. <br /> IX. <br /> The obligation of the City to make payments under this Agreement is contingent upon <br /> local legislative appropriation of the necessary funds in accordance with law. Any payment is <br /> subject to appropriation by the City Council. <br /> INTERGOVERNMENTAL AGREEMENT FOR ACCOMMODATING SURFACE <br /> WATER IN THE MARSHLAND FLOOD CONTROL DISTRICT-PAGE 2 <br /> 113 <br />