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8 <br /> AMENDMENT NO.1 TO <br /> INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN <br /> THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT <br /> THIS AMENDMENT NO.1 TO INTERLOCAL AGREEMENT REGARDING <br /> INCREASED HILLSIDE RUNOFF IN THE MARSHLAND DRAINAGE BASIN DUE TO <br /> UPLAND DEVELOPMENT(the "First Amendment") is made and entered into this day of <br /> , 2017, by and among SNOHOMISH COUNTY, of the State of Washington <br /> (the"County"),the CITY OF EVERETT, a Washington municipal corporation(the"City"), and <br /> MARSHLAND FLOOD CONTROL DISTRICT, a special purpose district formed under the <br /> authority of chapter 86.09 ROW(the"District"). <br /> RECITALS <br /> A. The District owns and operates certain drainage and flood control facilities in the <br /> Marshland Drainage Basin which collects runoff from the upland area development. A portion of <br /> the upland area of the District is within the jurisdiction of the County and the remainder of the <br /> upland area is within the jurisdiction of the City; <br /> B. On September 3, 2013, the County, the City and the District entered into a five- <br /> year Interlocal Agreement (Original Agreement") regarding the increased hillside runoff in the <br /> Marshland Drainage Basin due to upland development; <br /> C. Chapter 39.34 ROW, the Interlocal Cooperation Act, authorizes public agencies, <br /> including utility districts and counties, to enter into cooperative agreements with one another to <br /> make the most efficient use of their respective resources; <br /> D. The COUNTY, the CITY and the DISTRICT wish to amend the Interlocal <br /> Agreement to add an additional year to the term which will allow all parties to review projections <br /> prior to entering into a new five-year agreement. <br /> NOW, THEREFORE, for and in consideration of the mutual benefits conferred on both <br /> parties,the parties agree as follows: <br /> Section 1 Subsection 1.2 "Term" of the Original Agreement is deleted and replaced <br /> with the following: <br /> 1.1 Terra <br /> The "Term" of this Agreement shall cover the following six (6) calendar years: <br /> 2013, 2014, 2015, 2016, 2017 and 2018. The period covering the calendar years 2013 <br /> through 2017 shall be referred to in this Agreement as the"Original Term,"and the period <br /> covering calendar year 2018 shall be referred to in this Agreement as the"2018 Original <br /> Term Extension."The Term shall commence on the Execution Date and expire when the <br /> true-up required by Section 10 has been performed for calendar year 2018(the"Expiration <br /> Date"). Notwithstanding anything to the contrary contained elsewhere in this Agreement, <br /> AMENDMENT NO. 1 TO INTERLO CAL AGREEMENT <br /> REGARDING HILLSIDE RUNOFF IN TEE MARSHLAND <br /> DRAINAGE BASIN DUE TO UPLAND DEVELOPM4I f Page 1 of II <br />