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9 <br />INTERLOCAL AGREEMENT <br />REGARDING SCHOOL IMPACT FEE COLLECTION <br />This Interlocal Agreement (this "Agreement") is entered into as of <br />2015, by and between the CITY OF EVERETT, a Washington municipal corporation (the <br />"City"), and Everett School District, a municipal corporation, (the "District"). <br />RECITALS <br />A. On August 13, 2014, the City Council passed Ordinance 3396-14, <br />regarding school district impact fees for residential development (the "Ordinance"), as <br />authorized under RCW 82.020.050 and other applicable law. <br />B. The purpose of this agreement is to meet the requirement under Section 12 <br />of the Ordinance, that "each participating school district" enter into "an agreement with <br />the City for reimbursement of the actual administrative costs of assessing, collecting, and <br />handling fees for the district, any legal expenses and staff time associated with the <br />defense of this chapter against district specific challenges, and payment of any refunds <br />provided under Section 11 of this Ordinance." <br />C. This Agreement is pursuant to the Interlocal Cooperation Act, chapter <br />39.34 RCW. <br />AGREEMENT <br />For good and valuable consideration, the receipt and sufficiency of which is <br />acknowledged, the parties agree as follows: <br />1. District Responsibility. The District shall comply with the Ordinance and <br />with all applicable laws regarding school district impact fees, including without limitation <br />all requirements regarding capital facilities plans, school impact fee schedules, impact fee <br />limitations, use of funds, and refunds. The District shall also, if requested by the City, <br />timely provide to the City a written statement of the District's position regarding <br />developer requests for credits against school district impact fees, refunds or other matters. <br />2. City Responsibility. <br />a. By the fifteenth of each month, the City shall make payment to the <br />District for school impact fees collected during the preceding month. The City may <br />deduct from the total amount the Administrative Fee due to the City under this <br />Agreement. Along with the Payment, the City shall provide a report detailing the impact <br />fees collected as well as any deductions the City has made. <br />b. The City shall in no event be liable to the District in connection <br />with school impact fees, with the sole exception of remitting to the District the school <br />1 <br />52 <br />