Snohomish County Council Ordinance 20-052 page 1 of 2

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LEGAL NOTICE


SNOHOMISH COUNTY COUNCIL
Snohomish County, Washington
NOTICE OF INTRODUCTION OF ORDINANCE
AND
NOTICE OF PUBLIC HEARING


NOTICE IS HEREBY GIVEN, that the Snohomish County Council will hold a public hearing on
Wednesday, November 4, 2020 at the hour of 10:30 a.m., via Zoom remote meeting platform to consider proposed Ordinance No.
20-052.

NOTE: Due to the emergency response to COVID-19 and pursuant to Governor Inslee’s Proclamations 20-05, 20-25.7, and 20-28.11,
the Council office is closed and hearings will be held by remote participation only. Please check the Council’s webpage (https://www.
snohomishcountywa.gov/2288/Meetings-Webcasts) 24 hours prior to the public hearing for updated information or contact the Council
Clerk at 425-388-3494 or email at contact.council@snoco.org.

Zoom Webinar Information: Join online at https://zoom.us/j/94846850772 or by telephone call to 1-253-215-8782 or 1-301-715-8592.
Meeting ID: 948 4685 0772.

Background: The proposed ordinance approves and authorizes the Snohomish County Executive to sign an Interlocal Agreement
between the City of Everett and Snohomish County Concerning the Smith Island West Annexation Pursuant to RCW 35.13.470. The
interlocal agreement provides for annexation of the remaining unincorporated portion of the Everett Municipal Urban Growth Area in
the proximity of the western part of Smith Island.

A summary of the proposed ordinance is as follows:

ORDINANCE NO. 20-052
APPROVING AND AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AN INTERLOCAL AGREEMENT BETWEEN


SNOHOMISH COUNTY AND THE CITY OF EVERETT FOR THE SMITH ISLAND WEST ANNEXATION
Section 1. Adopts the recitals as findings of fact and conclusions of law.
Section 2. The Snohomish County Council approves and authorizes the Snohomish County Executive to sign the Interlocal Agreement
(“the Agreement”) Between the City of Everett (“the City”) and Snohomish County (“the County”) Concerning the Smith Island
West Annexation (“the Annexation”) Pursuant to RCW 35.13.470.
Attachment to the Ordinance:
Exhibit A. The Agreement is summarized as follows: The Agreement provides for annexation of the Smith Island West area and
facilitates transition of services following the Annexation.
The Agreement will become effective after it is approved by the governing bodies of the City and the County, and signed by the duly
authorized representatives of the City and the County, and has either been filed with the County Auditor or posted on the County’s
Interlocal Agreements website. It will remain effective until December 31, 2021.
Where to Get Copies of Proposed Ordinance: Copies of the proposed ordinance may be requested by calling the Snohomish County
Council Office at (425) 388-3494, 1-800-562-4367 x3494, TDD 1-800-877-8339, or e-mail to Contact.Council@snoco.org.While the Council
office is closed due to the emergency response to COVID-19, copies will not be available for pickup until the office reopens.
Website Access: The ordinance can also be accessed through the County Council’s internet website at: www.snohomishcountywa.
gov/2134/Council-Hearings-Calendar.
Range of Possible Actions the County Council May Take on These Proposals: At the conclusion of its public hearing(s), the
County Council may make one of the following decisions regarding the proposed actions: (1) adopt the proposed ordinance; (2)
adopt an amended version of the proposed ordinance; (3) decline to adopt the proposed ordinance; or (4) take any other action
permitted by law.
Public Testimony: All interested persons may provide public testimony by remote participation. Written testimony is encouraged and may
be sent to Snohomish County Council, 3000 Rockefeller Avenue, M/S 609, Everett, WA 98201; fax to 425 388-3496 or e-mail to contact.
council@snoco.org. Submitting testimony 24 hours prior to the hearing will ensure that testimony is provided to the Council and appropriate
staff in advance of the hearing.
Party of Record: You may become a party of record on this matter by sending a written request to the Clerk of the County Council
at the above address, testifying at the public hearing, or entering your name and address on a register provided for that purpose at
the public hearing.
American Disabilities Act Notice: For hearings held in the Council Board Room, accommodations for persons with disabilities are
available upon request. Please make arrangements one week prior to the hearing by calling Elena Lao at 425-388-3494, 1-800-562-4367
x3494, TDD 1-800-877-8339, or email elena.lao@snoco.org.

QUESTIONS: For additional information or specific questions on the proposed ordinance please call Frank Slusser in the Department
of Planning and Development Services at
425-262-2944.

DATED this 14th day of October, 2020
SNOHOMISH COUNTY COUNCIL
Snohomish County, Washington
/s/ Nate Nehring
Council Chair

ATTEST:
/s/ Elena Lao
Asst. Clerk of the Council

INTERLOCAL AGREEMENT
BETWEEN THE CITY OF EVERETT AND SNOHOMISH COUNTY
CONCERNING THE SMITH ISLAND WEST ANNEXATION PURSUANT TO
RCW 35.13.470


1.
PARTIES
This Interlocal Agreement (“Agreement” or “ILA”) is made by and between the City of Everett (“City”), a Washington municipal
corporation, and Snohomish County (“County”), a political subdivision of the State of Washington, collectively referred to as the
“Parties,” pursuant to Chapter 35.13 RCW (Annexation of Unincorporated Areas), Chapter 36.70A RCW (Growth Management
Act), Chapter 36.115 RCW (Governmental Services Act), Chapter 43.21C RCW (State Environmental Policy Act), Chapter
36.70B RCW (Local Project Review), Chapter 58.17 RCW (Subdivisions), Chapter 82.02 RCW (Excise Taxes), and Chapter

39.34 RCW (Interlocal Cooperation Act).
2.
PURPOSE
2.1
Purpose. The purpose of this Agreement is to set forth terms of the Parties’ agreement to the annexation (“Annexation”) to the
City of territory located within the Smith Island West Annexation Area, which is referred to herein as the “Annexation Area,”
pursuant to RCW 35.13.470, and to facilitate an orderly transition of services from the County to the City at the time of the
Annexation. The Annexation Area is depicted on Exhibit A to this Agreement, incorporated herein by this reference. As required
under RCW 35.13.470(1) the Annexation Area is completely within the Everett Municipal Urban Growth Area and more than
sixty-percent of the Annexation Area is contiguous to the City.
2.2
Master annexation interlocal agreement. The Parties recognize that there is no master annexation interlocal agreement
between the City and the County. The Parties agree that no such master annexation interlocal agreement is necessary in order
to proceed with the Annexation. Instead, the Annexation shall be governed by the terms of this Agreement.
3.
GENERAL AGREEMENT REGARDING ANNEXATION
3.1
Annexation approval. The City and County agree that following execution of this Agreement, the City shall pursue the
Annexation of territory described in Exhibit A by adoption of an ordinance pursuant to RCW 35.13.470(4). If the Snohomish
County Council finds that the proposed Annexation is consistent with this Agreement and the factors and objectives established
in RCW 36.93.170 and 36.93.180, that the health, safety, and general welfare of Snohomish County citizens is not adversely
affected by the Annexation, and that an addendum pursuant to Section 12 of this Agreement is completed or is not necessary,
the County may not oppose the proposed Annexation and may send a letter to the Boundary Review Board in support of the
proposed Annexation.
3.2
Snohomish County Tomorrow Annexation Principles. The Parties intend that this Agreement be interpreted in a manner that
furthers the objectives articulated in the Snohomish County Tomorrow Annexation Principles; however, in the event of a conflict
between such Principles and this Agreement, this Agreement shall prevail. For the purpose of this Agreement, the Snohomis
County Tomorrow Annexation Principles means that document adopted by the Snohomish County Tomorrow Steering
Committee on February 28, 2007, and supported by the Snohomish County Council in Joint Resolution No. 07-026 passed
on September 5, 2007. The Snohomish County Tomorrow Annexation Principles are attached to this Agreement as Exhibit B,
and incorporated herein by this reference.
3.3
Adoption of County codes. The City agrees to adopt by reference the County codes and ordinances listed in Exhibit C of this
Agreement solely for the purpose of allowing the County to process and complete permits and fire inspections in the
Annexation Area. Adoption of the County’s codes by the City in no way affects applications submitted to the City after the
effective date of the Annexation. The County shall be responsible for providing copies of all the codes and ordinances listed
in Exhibit C of this Agreement, in addition to all the updates thereto, to the Everett City Clerk, so that the City Clerk may
maintain compliance with RCW 35A.12.140.
4.
GROWTH MANAGEMENT ACT (“GMA”) AND LAND USE
Flood hazard regulations. The City agrees to ensure after the Annexation that the City comprehensive plan and development
regulations that apply within the floodplain, as defined in Chapter 30.65 Snohomish County Code (SCC), will provide equal or
greater restrictions on development as those provided by the County flood hazard regulations in Chapter 30.65 SCC, as required
by Snohomish County General Policy Plan, LU Policy 1.A.12 (GPP LU 1.A.12).

5.
PROCESSING OF PERMITS IN THE ANNEXATION AREA
5.1
Definitions. For the purposes of this Agreement, the following definitions apply:
“Building permit application” shall mean an application for permission issued by the authorizing jurisdiction that allows for the
construction of a structure, and includes repair, alteration, or addition of or to a structure. “Associated permit application”
shall mean an application for mechanical, electrical, plumbing and/or sign permit for a structure authorized pursuant to a
building permit. “Land use permit application” shall mean an application for any land use or development permit or approval and
shall include, by way of example and not by way of limitation, any of the following: subdivisions, planned residential
developments, short subdivisions, binding site plans, single family detached unit developments, conditional uses, special uses,
rezones, shoreline substantial development permits, urban center developments, grading or land disturbing activity permits,
and variances. A “land use permit application” shall not include a “building permit application” except for non-single family
building permits for structures greater than 4,000 square feet in size.
“Pending permit applications” shall mean all building permit applications, associated permit applications, and land use permit
applications relating to real property located in the Annexation Area that are either (i) still under review by the County on the
effective date of the Annexation, or (ii) for which a decision has been issued but an administrative appeal is pending on the
effective date of the Annexation.
“Permit review phase” shall mean a discrete stage of or discrete activity performed during a jurisdiction’s review of a pending
permit application that has logical starting and stopping points. By way of example, and not by way of limitation, applications
for subdivisions and short subdivisions are deemed to have the following permit review phases: (i) preliminary plat approval;
(ii) plat construction plan approval; (iii) revision, alteration or modification of a preliminary plat approval; (iv) construction
inspection; (v) final plat processing; and (vi) final plat approval and acceptance. When it is not clear which activities related to
the review of a particular pending permit application constitute a distinct permit review phase, the Parties shall determine sam
by mutual agreement, taking into account considerations of convenience and efficiency.
5.2
City consultation on County land use permit applications. After the effective date of this Agreement, the County agrees to
give the City timely written notice and opportunity to view all land use permit applications inside the Annexation Area, as
defined in Subsection 5.1 of this Agreement. When required and provided for in Title 30 of Snohomish County Code, the County
will invite City staff to attend meetings between County staff and the applicant relating to such permit applications.
5.3
Review of County land use permit applications. The County will review all land use permit applications under County jurisdictio
in the Annexation Area consistent with all applicable laws, regulations, rules, policies, and agreements including, but not limited
to, the applicable provisions of this Agreement, the State Environmental Policy Act (Chapter 43.21C RCW) and the Snohomish
County Code.
5.4
Permits issued by County prior to effective date of the Annexation. All building permits, associated permits, and land use
permits and approvals relating to real property located in the Annexation Area that were issued or approved by the County prior
to the effective date of the Annexation shall be given full effect by the City after the Annexation becomes effective. Any
administrative appeals of such decisions that are filed after the effective date of the Annexation shall be filed with the City and
handled by the City pursuant to the City’s municipal code. The County agrees that it shall reasonably make its employees
available as witnesses at no cost to the City if necessary to provide assistance on appeals of decisions made by the County
prior to the effective date of the Annexation.

5.5
Enforcement of County conditions. Any conditions imposed by the County relating to the issuance or approval of any of the
permits described in Subsection 5.4 shall be enforced by the City after the effective date of the Annexation to the same extent
the City enforces its own permit conditions. The County agrees that it shall reasonably make its employees available, at no cost
to the City, to provide assistance in enforcement of conditions on permits originally processed and issued by the County.
5.6
Pending permit applications.
5.6.1 Vesting. The Parties agree that any complete building permit application, associated permit application or land use permit
application relating to real property located in the Annexation Area that is submitted to the County prior to the effective date of
the Annexation and that has vested under Washington statutory, common law, or the Snohomish County Code shall remain
subject to the development regulations of the County that were in effect at the time the permit application was deemed
complete by the County, notwithstanding the subsequent Annexation. Vesting under this section does not apply to storm water
regulations.
5.6.2 Automatic transfer of authority regarding permits. The Parties understand and agree that the police power relating to real
property located in the Annexation Area automatically transfers from the County to the City on the effective date of the
Annexation. The Parties understand and agree that it is the police power that provides local jurisdictions with the authority to
impose and implement building and land use regulations. Accordingly, the Parties understand and agree that, as a matter of
law, all responsibility for and authority over pending permit applications automatically transfers from the County to the City on
the effective date of the Annexation.
5.6.3 Completing the active phase of review. The Parties agree that to facilitate an orderly transfer of pending permit applications to
the City after the effective date of the Annexation, it is desirable for the County to continue processing all pending permit
applications through the completion of the permit review phase that was in progress on the effective date of the Annexation.
Accordingly, beginning on the effective date of the Annexation, the County shall act as the City’s agent for the limited purpose
of reviewing and processing all pending permit applications until such time as County personnel have completed the permit
review phase that was in progress on the effective date of the Annexation. Upon completion of such permit review phase
relating to any particular pending permit application, the County shall transfer all materials relating to the pending permit
application to the City. After such transfer, the City shall perform all remaining permit review, approval, and issuance activities.
5.6.4 Administrative appeals. Notwithstanding anything to the contrary contained in Subsection 5.6.3, the Parties agree that it is
not desirable for the County’s quasi-judicial hearing officers or bodies to act as agents for the City for the purposes of hearing
and deciding administrative appeals of permit decisions on behalf of the City, but it is also not desirable to disrupt an
administrative appeal that is already in progress on the effective date of the Annexation. Accordingly, if the permit review phase
that was in progress on the effective date of the Annexation was an administrative appeal of a decision made by the County,
then that administrative appeal shall be handled as follows:
(i)
If the appeal hearing has not yet occurred as of the effective date of the Annexation, then all materials related to the appeal
shall be transferred to the City as soon as reasonably possible after the effective date of the Annexation and the appeal shal
be handled by the City pursuant to the procedures specified in the City’s municipal code. The County agrees that it shall
resonably make its employees available as witnesses at no cost to the City if necessary to provide assistance to the City on
appeals for decisions that were made by the County prior to the effective date of the Annexation;
(ii)
If the appeal hearing has already occurred as of the effective date of the Annexation, but no decision has yet been issued by
the County’s quasi-judicial hearing officer or body, then the County’s quasi-judicial hearing officer or body shall act as an agent
for the City and issue a timely decision regarding the administrative appeal on behalf of the City; or
(iii)
If a decision regarding the administrative appeal was issued by the County’s quasi-judicial hearing officer or body prior to the
effective date of the Annexation, but a timely request for reconsideration was properly filed with the County prior to the effective
date of the Annexation, then the County’s quasi-judicial hearing officer or body shall act as an agent for the City and issue a
timely decision on reconsideration on behalf of the City.
5.6.5 Effect of decisions by the County regarding permit review phases. The City shall respect and give effect to all decisions made
in the ordinary course by the County regarding those permit review phases, as defined in Subsection 5.1, for a pending permit
application within the Annexation Area that are completed by the County prior to the effective date of the Annexation, or on
behalf of the City after the effective date of the Annexation. Nothing herein shall deny the City its right to appeal, or continue an
existing appeal, of any appealable decision made by the County prior to the effective date of the Annexation.
5.6.6 Proportionate sharing of permit application fees. The Parties agree to proportionately share the Title 30 Snohomish County
Code (SCC) permit application fees for pending permit applications. Proportionate shares will be calculated based on the
County’s permitting fee schedule. Relating to each pending permit application, the County shall retain that portion of the permit
application fees that may be allocated to the phases of review completed by the County prior to the effective date of th
Annexation. In compensation for the County’s work in reviewing pending permit applications on behalf of the City, the County
shall also retain that portion of the Title 30 SCC permit application fees that may be allocated to the phase(s) of review
completed by the County while acting as an agent of the City. Within a reasonable time after the completion of a permit review
phase, the County shall transfer to the City any remaining portion of the Title 30 SCC permit application fees collected, which
shall be commensurate with the amount of work left to be completed relating to the pending permit application at the time the
pending permit application is transferred to the City.
5.6.7 Deferred impact fees. Impact fees that were deferred under the provisions of Chapter 30.66A, 30.66B, or 30.66C SCC for
building permits issued by the County on properties within the Annexation Area prior to the effective date of the Annexation
shall be owed to the County per the requirements of the liens recorded against those properties. For permit applications
submitted to the County but not yet issued prior to the effective date of the Annexation, the City agrees to review any requests
for impact fee deferral that were submitted to the County.
5.6.8 Dedications or conveyances of real property. The Parties acknowledge and agree that after the effective date of the Annexation
the County Council will have no authority to accept dedications or other conveyances of real property to the public relating to
real property located in the Annexation Area after it has been annexed by the City; provided, however, that the County may
accept dedication or other conveyances of real property when granted, dedicated, or otherwise conveyed specifically to
Snohomish County, for such purposes, that include but are not limited to, expanding County owned and operated facilities that
were retained by the County within the Annexation Area. Accordingly, notwithstanding anything to the contrary contained
elsewhere in this Section 5, after the effective date of the Annexation, the approval and acceptance of final plats, final short
plats, or other instruments or documents dedicating or conveying to the public an interest in real property located in the
Annexation Area will be transmitted to the City for acceptance by the City.
5.7
Judicial appeals of permit decisions. The County shall protect, save harmless, indemnify and defend, at its own expense, the
City, its elected and appointed officials, officers, employees, volunteers and agents, from any loss or claim for damages of
any nature whatsoever arising out of land use decisions regarding building permit applications, associated permit applications,
and/or land use permit applications relating to real property located in the Annexation Area that were issued by the County
prior to the effective date of the Annexation. The City shall protect, save harmless, indemnify and defend, at its own expense,
the County, its elected and appointed officials, officers, employees, volunteers and agents, from any loss or claim for damages
of any nature whatsoever arising out of land use decisions regarding building permit applications, associated permit
applications, and/or land use permit applications relating to real property located in the Annexation Area that are issued after
the effective date of the Annexation. The term “land use decision” as used in this Subsection 5.7 is the same as the definition
of “land use decision” as defined in RCW 36.70C.020(2). The County agrees that it shall reasonably make its employees
available as witnesses at no cost to the City if necessary to provide assistance to the City on appeals of decisions issued by
the County prior to the effective date of the Annexation or in its capacity as an agent of the City.
5.8
Permit renewal or extension. After the effective date of the Annexation, any request or application to renew or extend a building
permit, an associated permit or a land use permit relating to real property located in the Annexation Area shall be submitted to
and processed by the City, regardless of whether such permit was originally issued by the County or the City.

5.9
Administration of bonds. The County’s interest in any outstanding performance security, maintenance security or other bond
or security device issued or provided to the County to guarantee the performance, maintenance or completion by a permittee
of work authorized by or associated with a permit relating to real property located in the Annexation Area will be assigned or
otherwise transferred to the City upon the effective date of the Annexation if such assignment or transfer is reasonably feasible.
If it is not reasonably feasible for the County to transfer any outstanding bond or security device to the City, whether due
to the terms of the bond or security device at issue or for some other reason, then the County shall continue to administer the
bond or security device until the earlier to occur of the following: (i) the work guaranteed by the bond or security device has
been properly completed; (ii) the City has been provided with an acceptable substitute bond or security device; or (iii) the bond
or security device has been foreclosed. For bonds and security devices that the County continues to administer after the
effective date of the Annexation, the City shall notify the County when either the work guaranteed by the bond or securit
device is completed, or when the City is provided with an acceptable substitute bond or security device, at which time the
County shall release the original bond or security device. Should it become necessary to foreclose any bond or security device
the County continues to administer after the effective date of the Annexation, the Parties shall cooperate to perform such
foreclosure.
5.10 Building and land use code enforcement cases. Any pending building or land use code enforcement cases relating to real
property located in the Annexation Area will be transferred to the City on the effective date of the Annexation. Any further
action in those cases will be the responsibility of the City at the City’s discretion. The County agrees that it shall reasonably
make its employees available as witnesses at no cost to the City if necessary to prosecute transferred code enforcement cases.
Upon request, the County agrees to provide the City with copies of any files and records related to any transferred case.
6.
RECORDS TRANSFER AND ACCESS TO PUBLIC RECORDS FOLLOWING ANNEXATION
6.1
Records to be transferred. Prior to and following the Annexation, and upon the City’s request in writing, copies of
County records relevant to jurisdiction, the provision of government services, and permitting within the Annexation Area may
be copied and transferred to the City in accordance with the procedure identified in Subsection 6.2 of this Agreement. Said
records shall include, but are not limited to, the following records from the Snohomish County Department of Public Works, the
Snohomish County Department of Planning and Development Services, and the Business Licensing Department of the
Snohomish County Auditor’s office: all permit records and files, inspection reports and approved plans, GIS data and maps in
both printed and electronic versions, approved zoning files, code enforcement files, fire inspection records, easements, plats,
databases for land use, drainage, street lights, streets, regulatory and animal license records, records relating to data on the
location, size and condition of utilities, and any other records pertinent to the transfer of services, permitting and jurisdiction
from the County to the City. The County reserves the right to withhold confidential or privileged records. In such cases where
the County opts to withhold such records, it shall provide the City with a list identifying the records withheld and the basis for
withholding each record.
6.2
Procedure for copying. The City records staff shall discuss with the County records staff the types of records identified in
Subsection 6.1 of this Agreement that are available for the Annexation Area, the format of the records, the number of records,
and any additional information pertinent to a request of records. Following this discussion, the County shall provide the City with a
list of the available files or records in its custody. The City shall select records from this list and request in writing their transfer
from the County to the City. The County shall have a reasonable time to collect, copy, and prepare for transfer the requested
records. All copying costs associated with this process shall be borne by the City. When the copied records are available for
transfer to the City, the County shall notify the City and the City shall arrange for their delivery.
6.3
Electronic data. In the event that electronic data or files are requested by the City, the City shall be responsible for acquiring |
any software licenses that are necessary to use the transferred information.
6.4
Custody of records. The County shall retain permanent custody of all original records. No original records shall be transferred
from the County to the City. As the designated custodian of original records, the County shall be responsible for compliance
with all legal requirements relating to their retention and destruction as set forth in Subsection 6.5 of this Agreement.
6.5
Records retention and destruction. The County agrees to retain and destroy all public records pursuant to this Agreement
consistent with the applicable provisions of Chapter 40.14 RCW and the applicable rules and regulations of the Secretary of
State, Division of Archives and Records Management.
6.6
Public records requests. Any requests for copying and inspection of public records shall be the responsibility of the party
receiving the request. Requests by the public shall be processed in accordance with Chapter 42.56 RCW and other applicable
law. If the County considers any portion of a record provided to the City to be confidential, the County shall clearly identify the
portion of the record it claims to confidential. If the City receives a request for any portion of a record the County has identified
as confidential, the City agrees to withhold from disclosure documents which the County has requested remain confidential
and not be disclosed where disclosure is not, in the City’s sole determination, mandated by law. In the event the City determines
the release of the record is required, the City shall notify the County (i) of the request and (ii) of the date the record will be
released unless the County obtains a court order to enjoin the disclosure pursuant to RCW 42.56.540. If the County fails to
timely obtain a court order, the City will release the record on the date specified.
7.
SURFACE WATER MANAGEMENT
7.1
Legal control and maintenance responsibilities. There are no known surface water management improvements or facilities
within the Annexation Area. If the Annexation Area includes any unknown surface water management improvements or facilities
(i) in which the County has an ownership interest, (ii) over or to which the County has one or more easements for access,
inspection and/or maintenance purposes, and/or (iii) relating to which the County has maintenance, monitoring, or other
responsibilities, all such ownership interests, rights and responsibilities shall be transferred to the City, effective by the date of
the Annexation. All flood control/diking facilities owned by a flood control/diking district, or any privately owned flood control
diking facilities within the Annexation Area shall remain the responsibility of the owner to maintain after the Annexation.The City
shall have no responsibility for maintenance of such facilities.
7.2
Taxes, fees, rates, charges and other monetary adjustments. The City recognizes that service charges are collected by the
County for unincorporated areas within the County’s Surface Water Management Utility District. Surface water management
service charges are collected at the beginning of each calendar year through real property tax statements. Upon the effective
date of the Annexation, the City hereby agrees that the County may continue to collect and, pursuant to Title 25 SCC and to
the extent permitted by law, to apply the service charges collected during the calendar year in which the Annexation occurs to
the provision of surface water services designated in that year’s budget. These services, which do not include servicing of
drainage systems in road right-of-way, will be provided through the calendar year in which the Annexation becomes effective
and will be of the same general level and quality as those provided to other property owners subject to service charges in the
County. If the City intends for the County to continue providing surface water services beyond the calendar year after the
Annexation, a separate interlocal agreement must be negotiated between the Parties.
7.3
Compliance with National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permit. The Parties a
knowledge that upon the effective date of the Annexation, the Annexation Area will become subject to the requirements of
the City’s Phase II NPDES Municipal Stormwater Permit, and will no longer be subject to the requirements of the County’s
Phase I NPDES Municipal Stormwater Permit. Notwithstanding the County’s continued provision of stormwater management
services in the Annexation Area pursuant to Subsection 7.2, the City expressly acknowledges, understands and agrees that
from and after the effective date of the Annexation (i) the City shall be solely responsible for ensuring the requirements of the
City’s NPDES Permit are met relating to the Annexation Area, and (ii) any stormwater management services the County
continues to provide in the Annexation Area pursuant to Subsection 7.2 will not be designed or intended to ensure or guarantee
compliance with the requirements of the City’s Phase II NPDES Permit.

7.4
Access during remainder of calendar year in which the Annexation occurs. To ensure the County is able to promptly and
efficiently perform surface water management services in the Annexation Area after the effective date of the Annexation, as
described in Subsection 7.2, the City shall provide the County with reasonable access to all portions of the Annexation Area
in which such services are to be performed. Reasonable access shall include, by way of example and not by way of limitation,
the temporary closing to traffic of streets, or portions thereof, if such closing is reasonably necessary to perform the service at issue.

7.5
Surface Water Management cases referred to Planning and Development Services (PDS) code enforcement for county code
violations. Any pending Surface Water Management cases referred to PDS code enforcement for county code violations
relating to real property located in the Annexation Area will be transferred to the City on the effective date of the Annexation.
Any further action in those cases will be the responsibility of the City at the City’s discretion. The County agrees to make its
employees available as witnesses at no cost to the City if necessary to assist with transferred code enforcement cases. Upon
request, the County agrees to provide the City with copies of any files and records related to any transferred case.
8.
POLICE SERVICES
As provided by law, at the effective date of the Annexation the responsibility for police services will transfer to the City; or, if
necessary, the Parties may agree to discuss the need for developing a contract for police services in order to accommodate the
needed transfer of police services within the Annexation Area and the unincorporated UGA. Upon request of the City, the
Snohomish County Sheriff’s Office will provide detailed service and cost information for the Annexation Area. This request to
the Sheriff’s Office for detailed service and cost information for police contract services does not preclude the City from seeking
additional service and cost information proposals for similar services from other governmental entities. Agreements between
the Parties will be made consistent with RCW 41.14.250 through 41.14.280 and RCW 35.13.360 through 35.13.400.

9.
CRIMINAL JUSTICE SERVICES
All misdemeanor crimes that occur within the Annexation Area prior to the effective date of the Annexation will be considered
misdemeanor crimes within the jurisdiction of Snohomish County for the purposes of determining financial responsibility for
criminal justice system services, including but not limited to prosecution, court costs, jail fees and services, assigned counsel,
jury and witness fees, and interpreter fees. After the effective date of the Annexation, the County shall continue, at its cost
and expense, to prosecute such misdemeanor crimes to completion in accordance with the then-existing policies, guidelines,
and standards of the Snohomish County Prosecuting Attorney’s Office. On and after the effective date of the Annexation, all
misdemeanor crimes that occur in the Annexation Area will be considered crimes within the jurisdiction of the City for purposes
of determining financial responsibility for such criminal justice system services.

10.
FIRE MARSHAL SERVICES
After the effective date of the Annexation, the County shall no longer be responsible for fire inspections, fire code enforcement,
or fire investigations within the Annexation Area. Any further actions or enforcement will be at the discretion of the City.

11.
STATUS OF COUNTY EMPLOYEES
Subject to City civil service rules and state law, the City agrees to consider the hiring of County employees whose employment
status is affected by the change in governance of the Annexation Area where such County employees make application
with the City per the City hiring process and meet the minimum qualifications for employment with the City. The City’s consideration
of hiring of affected sheriff department employees shall be governed by the provisions set forth in RCW 35.13.360
through 35.13.400. The County shall in a timely manner provide the City with a list of those employees expressing a desire to be
considered for employment by the City.

12.
ADDENDA AND AMENDMENTS
12.1 Addenda. At the discretion of the Parties, an addendum to this Agreement may be prepared for the Annexation by the City
to address any issues specific to the Annexation. If the Parties decide an addendum is necessary, the Parties may negotiate
the addendum prior to the City’s submittal of a Notice of Intention to the Boundary Review Board for the Annexation.
12.2 Amendments. The Parties recognize that amendments to this Agreement may be necessary.
12.3 Process for addending or amending this Agreement. An addendum or amendment to this Agreement must be mutually agreed
upon by the Parties and executed in writing. Any addendum or amendment to this Agreement shall be executed in the same
manner as this Agreement.
12.4 Additional agreements. Nothing in this Agreement limits the Parties from entering into interlocal agreements on issues not
covered by, or in lieu of, the terms of this Agreement.
13.
THIRD PARTY BENEFICIARIES
There are no third party beneficiaries to this Agreement, and this Agreement shall not be interpreted to create any third party
beneficiary rights.

14.
DISPUTE RESOLUTION
Except as herein provided, no civil action relating to any dispute, claim or controversy arising out of or relating to this Agreement may
be commenced until the dispute, claim or controversy has been submitted to a mutually agreed upon mediator. The Parties agree
that they will participate in the mediation in good faith, and that they will share equally in its costs. Each jurisdiction shall process,
but only to preserve the status quo pending the completion of that process. The Parties agree to mediate any disputes regarding the
Annexation process or responsibilities of the parties prior to any Boundary Review Board hearing on the
proposed Annexation, if possible.

15.
HONORING EXISTING AGREEMENTS, STANDARDS AND STUDIES
In the event a conflict exists between this Agreement and any agreement between the Parties in existence prior to the effective
date of this Agreement, the terms of this Agreement shall govern the conflict.

16.
RELATIONSHIP TO EXISTING LAWS AND STATUTES
This Agreement in no way modifies or supersedes existing state laws and statutes. In meeting the commitments encompassed in
this Agreement, all parties will comply with all applicable state or local laws. The Parties retain the ultimate authority for land use and
development decisions within their respective jurisdictions. By executing this Agreement, the Parties do not intend to abrogate the
decision-making responsibility or police pow ers vested in them by law.

17.
EFFECTIVE DATE, DURATION AND TERMINATION
17.1
Effective Date. As provided by RCW 39.34.040, this Agreement shall not take effect unless and until it has: (i) been duly
executed by both parties, and (ii) has either been filed with the County Auditor or posted on the County’s Interlocal Agreements
website.
17.2
Duration. This Agreement shall be in full force and effect through December 31, 2021. If the parties desire to continue the terms
of the existing Agreement after the Agreement is set to expire, the parties may either negotiate a new agreement or extend this
Agreement through the amendment process.
17.3
Termination. Either party may terminate this Agreement upon ninety (90) days advance written notice to the other party. No
withstanding termination of this Agreement, the Parties are responsible for fulfilling any outstanding obligations under this
Agreement incurred prior to the effective date of the termination.
18.
INDEMNIFICATION AND LIABILITY
18.1 Indemnification of County. The City shall protect, save harmless, indemnify and defend, at its own expense, the County, its
elected and appointed officials, officers, employees, volunteers, and agents, from any loss, suit or claim (collectively “Claims”)
for damages of any nature whatsoever arising out of the City’s performance of this Agreement, including claims by the City’s
employees or third parties, except for those damages caused solely by the negligence of the County, its elected and appointed
officials, officers, employees, volunteers, or agents. The City’s obligations under this Subsection 18.1 shall expressly exclude
any Claims challenging or otherwise concerning the validity and/or substantive content of any ordinances, regulations, policies
or rules (collectively “County Enactments”) originally enacted by the County. The forgoing exclusion does not include any
Enactments that are subsequently adopted by reference by the City. Furthermore, the City shall protect, save harmless,
indemnify and defend, at its own expense, the County, its elected and appointed officials, officers, employees, volunteers,
and agents, from any loss, suit or claim (collectively “Claims”) for damages of any nature whatsoever arising out of any known
or unknown patent and latent defects in the real property, improvements, fixtures, and facilities thereon that are annexed as part
of this Agreement.
18.2 Indemnification of City. The County shall protect, save harmless, indemnify, and defend at its own expense, the City, its elected
and appointed officials, officers, employees, volunteers, and agents from any loss, suit or claim (collectively “Claims”) for
damages of any nature whatsoever arising out of the County’s performance of this Agreement, including claims by the County’s
employees or third parties, except for those damages caused solely by the negligence of the City, its elected and appointed
officials, officers, employees, volunteers, or agents.The County’s obligations under this Subsection 18.2 shall expressly exclude
any Claims challenging or otherwise concerning the validity and/or substantive content of any ordinances, regulations, policies
or rules (collectively “City Enactments”) originally enacted by the City.
18.3 Extent of liability. In the event of liability for damages of any nature whatsoever arising out of the performance of this Agreement
by the Parties, including claims by the City’s or the County’s own officers, officials, employees, agents, volunteers, or third
parties, caused by or resulting from the concurrent negligence of the Parties, their officers, officials, employees, and volunteers,
each party’s liability hereunder shall be only to the extent of that party’s negligence.
18.4 Industrial Insurance. For purposes of indemnification only, the parties, by mutual negotiation, hereby waive, as respects the
other party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions
of Title 51 RCW.
18.5 Hold harmless. No liability shall be attached to the City or the County by reason of entering into this Agreement except as
expressly provided herein. The City shall hold the County harmless and defend at its expense any legal challenges to the
City’s requested mitigation and/or failure by the City to comply with Chapter 82.02 RCW. The County shall hold the City
harmless and defend at its expense any legal challenges to the County’s requested mitigation or failure by the County to
comply with Chapter 82.02 RCW. Furthermore, the City shall hold the County harmless and defend at its expense any and all
claims for damages of any nature whatsoever arising out of any known or unknown patent and latent defects in the real
property, improvements, fixtures, and facilities thereon that are annexed as part of this Agreement.
18.6 Survivability. The provisions of this Section 18 shall survive the expiration or termination of this Agreement with respect to acts
and omissions occurring during the effective term hereof.
19.
SEVERABILITY
If any provision of this Agreement or its application to any person or circumstance is held invalid, the remainder of the provisions and
the application of the provisions to other persons or circumstances shall not be affected.

20.
EXERCISE OF RIGHTS OR REMEDIES
Failure of either party to exercise any rights or remedies under this Agreement shall not be a waiver of any obligation by either party
and shall not prevent either party from pursuing that right at any future time.

21.
RECORDS
The Parties shall maintain adequate records to document obligations performed under this Agreement. The Parties shall have the
right to review each other’s records with regard to the subject matter of this Agreement, except for privileged documents, upon
reasonable written notice. Public records will be retained and destroyed according to Subsection 6.5 of this Agreement.

22.
ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the Parties concerning the Annexation Area, except as set forth in
Sections 12 and 15 of this Agreement.

23.
GOVERNING LAW AND STIPULATION OF VENUE
This Agreement shall be governed by the laws of the State of Washington. Any action hereunder must be brought in the Superior
Court of Washington for Snohomish County.

24.
CONTINGENCY
The obligations of the Parties in this Agreement are contingent on the availability of funds through legislative appropriation
and allocation in accordance with law. In the event funding is withdrawn, reduced or limited in any way after the effective date of
this Agreement, the City or County may terminate the Agreement under Subsection 17.3 of this Agreement, subject to
renegotiation under those new funding limitations and conditions.

25.
FILING
A copy of this Agreement shall be filed with the Everett City Clerk and posted on the Snohomish County website pursuant to
RCW 39.34.040.

26.
ADMINISTRATORS AND CONTACTS FOR AGREEMENT
The Administrators and contact persons for this Agreement are:
David Stalheim, Interim Director Barb Mock, Director
City of Everett Snohomish County
Community, Planning and Economic Department of Planning and Development Services
Development 3000 Rockefeller Avenue
2930 Wetmore, Suite 8-A Everett, WA 98201
Everett, WA 98201 (425) 388-3311

(425) 257-8736
IN WITNESS WHEREOF, the parties have signed this Agreement, effective on the later date indicated below or when the
provisions of Subsection 17.1 are met, whichever date is later.

LEGAL NOTICE

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