Marshland Flood Control District 10/11/2017 Amendment 1

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