Marshland Flood Control District 10/8/2019

this Agreement. However, if the City is the entity performing an annexation described in Section 12.1 above, the amounts due to the District from the City shall be recalculated to reflect the City's new proportionate share of the total impervious surface in the Upland Area. In such event, the parties shall memorialize the new proportionate share due from the City in an amendment to this Agreement as soon after annexation as may be reasonably feasible; however, no delay or failure by the parties to execute such an amendment shall prevent the provisions of this Section 12.2 from taking effect. 13. COVENANTS BY DISTRICT 13.1 Covenant to County The District covenants to the County that it shall use the entirety of all Increased Hillside Runoff Contribution Payments received from the County under this Agreement for the purposes specified in this Agreement and for no other purpose or use whatsoever. Any failure by the District to abide by the foregoing covenant shall constitute a Default by the District under Section 18 below, and shall entitle the County to immediately terminate this Agreement. 13.2 Covenant to City The District covenants to the City that it shall use the entirety of all Increased Hillside Runoff Contribution Payments received from the City under this Agreement for the purposes specified in this Agreement and for no other purpose or use whatsoever. Any failure by the District to abide by the foregoing covenant shall constitute a Default by the District under Section 18 below, and shall entitle the City to immediately terminate this Agreement. 14. INTERLOCAL COOPERATION ACT (Chapter 39.34 RCW) The purpose of this Agreement is for the County and the City to provide monetary contributions to the District to help offset the District's increased stormwater management costs that are attributable to the Increased Hillside Runoff caused by development in the Upland Area. Each of the parties to this Agreement shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer that party's participation in this Agreement. The parties' initial Administrators shall be the individuals specified in Section 19 below. Any party may change its Administrator at any time by delivering written notice of the party's new Administrator to the other parties. The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with the performance of this Agreement will remain the sole property of such party, and the other party shall have no interest therein. As provided by RCW 39.34.040, this Agreement shall not take effect unless and until it has been either filed with the County Auditor or posted on the County's Interlocal Agreements website. INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN pg. 14 THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT 09/09/2019