2018/10/31 Council Agenda Packet

C AMENDMENT NO.2 TO INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT THIS AMENDMENT NO.2 TO INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT(the"Amendment No. 2") is made and entered into this day of , 2018, by and among SNOHOMISH COUNTY,of the State of Washington (the"County"),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. On September 18, 2017, the County, the City, and the District executed Amendment No. 1 ("Amendment No. 1")to the Original Agreement which,among other things, extended the term of the Original Agreement through the 2018 calendar year; D. 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; E. The County, the City, and the District wish to amend the Interlocal Agreement a second time via this amendment to extend the term through the 2019 calendar year allowing the parties additional time to consider negotiating a new agreement; F. It is the County,the City,and the District's intent that this Amendment No. 2 only extend the term of the Original Agreement through December 31, 2019, and that all other substantive terms in the Original Agreement, as amended by Amendment No. 1,remain in effect through December 31,2019. NOW,THEREFORE,for and in consideration of the mutual benefits conferred on all three parties,the parties agree as follows: Section 1 Section 1 "TERM" last amended by Amendment No. 1, is deleted and replaced with the following: AMENDMENT NO.2 TO INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT 4 4 Page I of 6