2020/09/16 Council Agenda Packet

agree to mediate any disputes regarding the Annexation process or responsibilities of the parties prior to any Boundary Review Board hearing on the proposed Annexation, if possible. 15. HONORING EXISTING AGREEMENTS, STANDARDS AND STUDIES In the event a conflict exists between this Agreement and any agreement between the Parties in existence prior to the effective date of this Agreement, the terms of this Agreement shall govern the conflict. 16. RELATIONSHIP TO EXISTING LAWS AND STATUTES This Agreement in no way modifies or supersedes existing state laws and statutes. In meeting the commitments encompassed in this Agreement, all parties will comply with all applicable state or local laws. The Parties retain the ultimate authority for land use and development decisions within their respective jurisdictions. By executing this Agreement, the Parties do not intend to abrogate the decision -making responsibility or police powers vested in them by law. 17. EFFECTIVE DATE, DURATION AND TERMINATION 17.1 Effective Date. As provided by RCW 39.34.040, this Agreement shall not take effect unless and until it has: (i) been duly executed by both parties, and (ii) has either been filed with the County Auditor or posted on the County's Interlocal Agreements website. 17.2 Duration. This Agreement shall be in full force and effect through December 31, 2021. If the parties desire to continue the terms of the existing Agreement after the Agreement is set to expire, the parties may either negotiate a new agreement or extend this Agreement through the amendment process. 17.3 Termination. Either party may terminate this Agreement upon ninety (90) days advance written notice to the other party. Notwithstanding termination of this Agreement, the Parties are responsible for fulfilling any outstanding obligations under this Agreement incurred prior to the effective date of the termination. 18. INDEMNIFICATION AND LIABILITY 18.1 Indemnification of County. The City shall protect, save harmless, indemnify and defend, at its own expense, the County, its elected and appointed officials, officers, employees, volunteers, and agents, from any loss, suit or claim (collectively "Claims") for damages of any nature whatsoever arising out of the City's performance of this Agreement, including claims by the City's employees or third parties, except for those damages caused solely by the negligence of the County, its elected and appointed officials, officers, employees, volunteers, or INTERLOCAL AGREEMENT Page 13 of 21 BETWEEN THE CITY OF EVERETT AND SNOHOMISH COUNTY August 19, 2020 CONCERNING THE SMITH ISLAND WEST ANNEXATION PURSUANT TO RCW 35,13,470