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8 <br /> the County's obligations after December 31, 2013, are contingent upon local legislative <br /> appropriation of the necessary funds for this specific purpose in accordance with the <br /> Snohomish County Charter,the Snohomish County Code and applicable law. If the County <br /> does not so appropriate the necessary funds for the County's obligations under this <br /> Agreement, either the District or the City may terminate this Agreement effective on 30 <br /> days advance written notice to the other parties,but failure to provide such notice shall not <br /> be a"Default"under Section 17. <br /> Section 2 Subsection 5.1 "County Increased Hillside Runoff Operating Cost <br /> Contributions"of the Original Agreement is amended to add the following: <br /> PROVIDED,that during the 2018 Original Term Extension,that Payment shall be <br /> made on or before March 31, or within sixty (60) days after receiving an invoice for <br /> payment,whichever is later. <br /> • <br /> Section 3 Subsection 5.2 "City Increased Hillside Runoff Operating Cost <br /> Contributions"of the Original Agreement is amended to add the following: <br /> PROVIDED,that during the 2018 Original Term Extension,that Payment shall be <br /> made on or before March 31, or within sixty (60) days after receiving an invoice for <br /> payment,whichever is later. <br /> Section 4 Subsection 7.1 "Anticipated Ditch, Pond and Canal Operating Costs <br /> Attributable to Increased Hillside Runoff' of the Original Agreement is amended to add the <br /> following: <br /> PROVIDED, that during the 2018 Original Term Extension, that approximately <br /> seventy-two and sixty-four hundredths percent(72.64%)of the District's Ditch,Pond and <br /> Canal Operating Costs will be allocable to sediment from Increased Hillside Runoff. <br /> Section 5 Subsection 7.2 "Anticipated Pump Plant O&M Operating Costs <br /> Attributable to Increased Hillside Runoff' of the Original Agreement is amended to add the <br /> following: <br /> PROVIDED,that during the 2018 Original Term Extensioin.,the parties agree the <br /> currently available data, using the straight-line methodology referenced in Section 7.1 to <br /> this Agreement, demonstrate that, for 2018, twenty-three and twenty hundredths percent <br /> (23.20%) of the District's Pump Plant O&M Operating Costs will be attributable to <br /> additional surface water flow that comes into the Marshland Drainage Basin from <br /> Increased Hillside Runoff. <br /> Section 6 Subsection 7.3 "Anticipated Pump Electricity Operating Costs Attributable <br /> to Increased Hillside Runoff'of the Original Agreement is amended to add the following. <br /> AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT <br /> REGARDING HILLSIDE RUNOFF iN THE MARSHLAND <br /> DRAINAGE BASIN DUE TO UPLAND DEV ELOPMEM Page 2 of 11 <br />