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building permit applications, associated permit applications, and/or land use <br /> permit applications relating to real property located in the Annexation Area that <br /> were issued by the County prior to the effective date of the Annexation. The City <br /> shall protect, save harmless, indemnify and defend, at its own expense, the <br /> County, its elected and appointed officials, officers, employees, volunteers and <br /> agents, from any loss or claim for damages of any nature whatsoever arising out <br /> of land use decisions regarding building permit applications, associated permit <br /> applications, and/or land use permit applications relating to real property located <br /> in the Annexation Area that are issued after the effective date of the Annexation. <br /> The term "land use decision" as used in this Subsection 5.7 is the same as the <br /> definition of"land use decision" as defined in RCW 36.70C.020(2). The County <br /> agrees that it shall reasonably make its employees available as witnesses at no <br /> cost to the City if necessary to provide assistance to the City on appeals of <br /> decisions issued by the County prior to the effective date of the Annexation or in <br /> its capacity as an agent of the City. <br /> 5.8 Permit renewal or extension. After the effective date of the Annexation, any <br /> request or application to renew or extend a building permit, an associated permit <br /> or a land use permit relating to real property located in the Annexation Area shall <br /> be submitted to and processed by the City, regardless of whether such permit <br /> was originally issued by the County or the City. <br /> 5.9 Administration of bonds. The County's interest in any outstanding performance <br /> security, maintenance security or other bond or security device issued or <br /> provided to the County to guarantee the performance, maintenance or <br /> completion by a permittee of work authorized by or associated with a permit <br /> relating to real property located in the Annexation Area will be assigned or <br /> otherwise transferred to the City upon the effective date of the Annexation if such <br /> assignment or transfer is reasonably feasible. If it is not reasonably feasible for <br /> the County to transfer any outstanding bond or security device to the City, <br /> whether due to the terms of the bond or security device at issue or for some <br /> other reason, then the County shall continue to administer the bond or security <br /> device until the earlier to occur of the following: (i) the work guaranteed by the <br /> bond or security device has been properly completed; (ii) the City has been <br /> provided with an acceptable substitute bond or security device; or (iii) the bond or <br /> security device has been foreclosed. For bonds and security devices that the <br /> County continues to administer after the effective date of the Annexation, the City <br /> shall notify the County when either the work guaranteed by the bond or security <br /> device is completed, or when the City is provided with an acceptable substitute <br /> bond or security device, at which time the County shall release the original bond <br /> or security device. Should it become necessary to foreclose any bond or security <br /> device the County continues to administer after the effective date of the <br /> Annexation, the Parties shall cooperate to perform such foreclosure. <br /> INTERLOCAL AGREEMENT Page 7 of 21 <br /> BETWEEN THE CITY OF EVERETT AND SNOHOMISH COUNTY August 19,2020 <br /> CONCERNING THE SMITH ISLAND WEST ANNEXATION <br /> PURSUANT TO RCW 35.13.470 <br />