Marshland Flood Control District 10/8/2019

factor"multiplier of 1.6. Application of the peaking factor results in an adjusted Increased Hillside Runoff figure of twenty-three and two tenths percent(23.2%). The Parties agree this adjusted figure of 23.2% is an appropriate percentage to use in calculating the amount of the District's Pump Plant-related costs that are attributable to the Increased Hillside Runoff, as more fully set forth in the body of this Agreement. L. The County and the City each desire to provide annual monetary contributions to the District to help offset the increased operating cost borne by the District due to the increase in total runoff experienced in the Marshland Drainage Basin attributable to the Increased Hillside Runoff caused by development in the County Upland Area and the City Upland Area, respectively. M. The District has established two separate capital improvement funds. One of these funds is intended to be used to fund capital repairs and improvements to the District's dikes. The other fund is intended to be used to fund capital repairs and improvements to the District's Pump Plant(the"Pump Plant Capital Improvement Fund"). Provisions were made in the 2013 Agreement, as amended, for the Parties to make certain payments to the District's Pump Plant Capital Improvement Fund. N. The County and the City each now desire to continue to provide annual monetary contributions to the District's Pump Plant Capital Improvement Fund, in amounts proportionate to the District's increased capital improvement costs attributable to the Increased Hillside Runoff caused by development in the County Upland Area and the City Upland Area, respectively. O. Neither the County nor the City intends by this Agreement to reimburse the District for any portion of the costs or expenses incurred by the District to control, prevent, abate or ameliorate damage from flooding caused by factors other than Increased Hillside Runoff associated with development. In particular, neither the County nor the City intends to reimburse the District for the costs of ameliorating flooding caused by undeveloped (i.e. baseline) amounts of Hillside Runoff. AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and pursuant to the authority provided by chapter 39.34 RCW,the Interlocal Cooperation Act, the County, the City and the District agree as follows: 1. TERM 1.1 Condition Precedent-RCW 39.34.040 Pursuant to RCW 39.34.040, it is a condition precedent to the effectiveness of this Agreement that a fully executed copy of this Agreement be either(i) recorded with the INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN pg.3 THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT 09/09/2019