2004/12/29 Council Agenda Packet

6 INTERGOVERNMENTAL AGREEMENT FOR ACCOMMODATING SURFACE WATER IN THE Marshland Flood Control District BY AND BETWEEN THE City of Everett and Marshland Flood Control District THIS AGREEMENT, is entered into this day of baeititt0; 2004, by and between the Marshland Flood Control District, a special purpose district and political subdivision of the state of Washington, hereinafter "Marshland", and the City of Everett, a municipal corporation, hereinafter "City" pursuant to the Interlocal Cooperation Act, Revised Code of Washington Chapter 39.34. WHEREAS, the City has recently annexed property within the Marshland Flood Control District and, for several years before annexation, had approved development of upland areas to the West of Marshland, all of which contribute to storm and surface water flowing into Marshland; and WHEREAS, the City is aware that Snohomish County has been providing storm and surface water management monies to Marshland as a result of development of upland areas within County boundaries for more than fifteen years; and WHEREAS, Marshland and the City desire to execute an Intergovernmental Agreement in recognition of the interrelationship between their citizens and boundaries; and WHEREAS, by an Appendix to this Agreement, incorporated by reference, the parties have set forth history and basic agreed data which have guided negotiation of this Agreement; NOW THEREFORE, in consideration of the promises and covenants contained herein, it is agreed that: I. All activities related to drainage management which have historically been assumed by Marshland shall continue as a responsibility of Marshland. These activities include, but are not necessarily limited to investigation, planning, construction, acquisition, repair, maintenance and operation of improvements, works, projects, and facilities necessary to control and treat storm and surface water. INTERGOVERNMENTAL AGREEMENT FOR ACCOMMODATING SURFACE WATER IN THE MARSHLAND FLOOD CONTROL DISTRICT-PAGE 1 13