Marshland Flood Control District 10/8/2019

County Auditor, or(ii)posted on the County's Interlocal Agreements website. Unless and until this condition is met, this Agreement shall have no force or effect. 1.2 Term The"Term"of this Agreement shall cover the following five (5) calendar years: 2020, 2021, 2022, 2023, and 2024. The Term shall commence on the Execution Date and expire when the True-Up required by Section 9 has been performed for calendar year 2024 (the "Expiration Date"). Notwithstanding anything to the contrary contained elsewhere in this Agreement, the County's obligations after December 31, 2019, are contingent upon local legislative appropriation of the necessary funds for this specific purpose in accordance with the Snohomish County Charter,the Snohomish County Code and applicable law. If the County does not so appropriate the necessary funds for the County's obligations under this Agreement, either the District or the City may terminate this Agreement effective on 30 days advance written notice to the other parties, but failure to provide such notice shall not be a "Default"under Section 18. 2. DEFINITION OF OPERATING COSTS 2.1 Total Operating Costs For purposes of this Agreement,the term "Operating Costs" shall mean the District's regular, recurring costs and expenses incurred in the District's ongoing, ordinary operation and maintenance of the Existing District Facilities. "Capital Expenditures," as that term is defined in Section 3 below, are not included in Operating Costs. A spreadsheet showing the District's Operating Costs and other financial data for recent years is attached to this Agreement as Exhibit B. For purposes of this Agreement,the District's total Operating Costs shall be separated into three distinct categories, as described in Sections 2.2, 2.3 and 2.4 below. 2.2 Ditch,Pond and Canal Operating Costs That portion of the District's total Operating Costs that is attributable to ditch,pond, and canal maintenance activities shall be referred to in this Agreement as the"Ditch, Pond and Canal Operating Costs." 2.3 Pump Plant O&M Operating Costs That portion of the District's total Operating Costs that is attributable to the operation and maintenance of the District's Pump Plant, including the cost of major maintenance activities for the pumps, but excluding all costs of electricity used to run the pumps, shall be referred to in this Agreement as the "Pump Plant O&M Operating Costs." INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN pg.4 THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT 09/09/2019