Marshland Flood Control District 10/11/2017 Amendment 1

CITY AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT THIS AMENDMENT NO.1 TO INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN THE MARSHLAND DRAINAGE BASIN DATE TO UPL ND DEVELOPMENT (the "First Amendment") is made and entered into this/ ay of , 2017, by and among SNOHOMISH COUNTY, of the State of Washington (th " ounty"), the CITY OF EVERETT, a Washington municipal corporation (the "City"), and MARSHLAND FLOOD CONTROL DISTRICT, a special purpose district formed under the authority of chapter 86.09 RCW(the"District"). RECITALS A. The District owns and operates certain drainage and flood control facilities in the Marshland Drainage Basin which collects runoff from the upland area development. A portion of the upland area of the District is within the jurisdiction of the County and the remainder of the upland area is within the jurisdiction of the City; B. On September 3, 2013, the County, the City and the District entered into a five- year Interlocal Agreement (Original Agreement") regarding the increased hillside runoff in the Marshland Drainage Basin due to upland development; C. Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies, including utility districts and counties, to enter into cooperative agreements with one another to make the most efficient use of their respective resources; D. The COUNTY, the CITY and the DISTRICT wish to amend the Interlocal Agreement to add an additional year to the term which will allow all parties to review projections prior to entering into a new five-year agreement. NOW, THEREFORE, for and in consideration of the mutual benefits conferred on both parties, the parties agree as follows: Section 1 Subsection 1.2 "Term" of the Original Agreement is deleted and replaced with the following: 1.1 Term The "Term" of this Agreement shall cover the following six (6) calendar years: 2013, 2014, 2015, 2016, 2017 and 2018. The period covering the calendar years 2013 through 2017 shall be referred to in this Agreement as the"Original Term," and the period covering calendar year 2018 shall be referred to in this Agreement as the "2018 Original Term Extension." The Term shall commence on the Execution Date and expire when the true-up required by Section 10 has been performed for calendar year 2018 (the"Expiration Date"). Notwithstanding anything to the contrary contained elsewhere in this Agreement, AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT REGARDING HILLSIDE RUNOFF IN THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT Page 1 of 11