Marshland Flood Control District 10/8/2019

E. Stormwater runoff from the Upland Area into the District has deleterious effects within the District. For purposes of this Agreement, stormwater runoff from the Upland Area shall be referred to as"Hillside Runoff." F. On September 3, 2013,the County,the City and the District entered into a five-year Interlocal Agreement("2013 Agreement")regarding the increased Hillside Runoff in the Marshland Drainage Basin due to upland development. G. On September 18, 2017, the County,the City, and the District executed Amendment No. 1 ("Amendment No. 1 to the 2013 Agreement")to the 2013 Agreement which, among other things, extended the term of the 2013 Agreement through the 2018 calendar year, to allow time to negotiate a new agreement. H. On December 19, 2018, the County, the City, and the District executed Amendment No. 2 ("Amendment No. 2 to the 2013 Agreement")to the 2013 Agreement which, among other things, extended the term of the 2013 Agreement through the 2019 calendar year, to allow additional time to negotiate a new agreement. I. The frequency, amount and extent of Hillside Runoff have increased since pre-development in 1947 due to development within the Upland Area. In particular, County models indicate there is a direct correlation between increased impervious surface due to development in the Upland Area and increased Hillside Runoff over pre-development amounts. The City and County,however, believe runoff from development in the Upland Area has flattened out due to buildout and changes in drainage and stormwater handling requirements that new development and redevelopment must incorporate and implement. On the other hand,between 2010 and 2018, the Snohomish County Public Utility District#1 has documented an 8.1% increase in service hookups due to development in the Upland Area. The Parties have agreed to compromise on a figure of a 14.5%increase over pre- development amounts of Hillside Runoff for purposes of this 5-Year Agreement(the "Increased Hillside Runoff'). J. The County Upland Area contains approximately seventy percent(70%) of the total impervious surface in the Upland Area and the City Upland Area contains approximately thirty percent(30%) of the total impervious surface in the Upland Area. Accordingly, as of the Effective Date of this Agreement, as between the County and the City,the County's proportionate share of the Increased Hillside Runoff shall be seventy percent(70%), and the City's proportionate share of the Increased Hillside Runoff shall be thirty percent(30%). K. The PUD data available at the time of the 2013 Agreement indicated that the District's kilowatt energy use increased 17% over the previous two (2) decades. Moreover, in 2019,when one or more of the District's 250 hp pumps must be turned on there is a large surge of electricity needed which increases District electricity costs from $.0698 per kilowatt hour to $5.12 per kilowatt hour. Based on this information, the Parties have also agreed, when calculating the amount of the District's Pump Plant-related costs that are attributable to the Increased Hillside Runoff, to apply to the 14.5% figure described in Recital I a"peaking INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN pg.2 THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT 09/09/2019