HomeMy WebLinkAbout0230 - Snohomish County - Agreement - Annexation and Urban DevelopmentINTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND
SNOHOMISH COUNTY CONCERNING ANNEXATION AND URBAN DEVELOPMENT
WITHIN THE MARYSVILLE URBAN GROWTH AREA
1.PARTIES
This Interlocal Agreement (hereinafter "AGREEMENT")is entered into pursuant to Chapter
36.70A RCW (the Growth Management Act),Chapter 36.115 RCW (the Governmental Services
Act), and Chapter 39.34 RCW (the Interlocal Cooperation Act) by the City of Marysville,a
Washington municipal corporation (hereinafter "CITY") and Snohomish County, a political
subdivision of the State of Washington (hereinafter "COUNTY").
2.PURPOSE AND RECITALS
2.1 As required by the Growth Management Act (GMA), the COUNTY Council has adopted
an Urban Growth Area for Marysville (hereinafter "MUGA")that identifies areas within
unincorporated COUNTY which the CITY may annex in the future (see Exhibit I ).
2.2 GMA encourages cities with urban services to annex unincorporated urban areas within a
county.
2.3 Annexations proposed by the CITY are pursued in accordance with RCW 35A.14 and
intended to be consistent with RCW 36.93.157 and RCW 36.93.180.
2.4 The CITY and COUNTY recognize the need to facilitate an orderly transition of services
and capital projects from the COUNTY to the CITY at the time of annexation.
2.5 The CITY and COUNTY recognize that mutual coordination ofland use densities and
designations is necessary to reduce urban sprawl, support urban infrastructure and protect rural
areas within the COUNTY.
2.6 The CITY and COUNTY recognize that annexations can have extra-jurisdictional
impacts and that intergovernmental cooperation is an effective way to deal with impacts and
opportunities that transcend jurisdictional boundaries.
Marysville MasterAnnexation ILA Page 1
2.7 The CITY and COUNTY believe it is in the best interest ofthe citizens of both
jurisdictions to enable reciprocal imposition of impact mitigation requirements and regulations
that effect improvements in both jurisdictions.
2.8 The CITY and COUNTY wish to establish a generalized, framework interlocal agreement
to implement urban development standards within the Urban Growth Area prior to annexation,
for the planning and funding of capital facilities in the unincorporated portion of urban growth
areas, and to enable consistent responses to future annexations.
2.9 The CITY and COUNTY share a commitment to ensure that infrastructure will be in
place within the urban growth area to serve new development as it is ready for occupancy and
use without decreasing service levels below locally established minimum standards and which is
within funding capacities ofthe City and County; and
2.10 The CITY and COUNTY agree that RCW 36.70A.l1 0 provides a process for designating
urban growth boundaries that begins with each county consulting with the city on its respective
urban growth area, in recognition of the role that cities serve in providing public facilities and
services for urban growth.
2.11 The CITY and COUNTY also recognize that this framework agreement will include
general statements of principle and policy for additional agreements on specific topical subjects
relating to annexation and service transition, including, but not limited to streets, surface water,
parks and open space.
APPLICABILITY,ADDENDA AND AMENDMENTS
3.1 Applicability.This agreement shall apply to all annexations for which the CITY files a
Notice of Intent (NOI) to the Boundary Review Board (BRB) after the effective date of this
agreement.
3.2 Addendum for annexation.An addendum to this agreement shall be prepared for each
annexation if necessary to address parks,transportation surface water management,facilities, or
other issues. The CITY and COUNTY will negotiate the addendum during the forty-five day
review period following the date the BRB accepts the CITY'S Nor for the annexation.If the
CITY and COUNTY are unable to reach agreement during this period, the COUNTY may
request that the BRB invoke jurisdiction and hold a public hearing on the proposed annexation.
Even if the COUNTY requested the BRB invoke jurisdiction,the CITY and COUNTY, may by
mutual agreement,continue to negotiate an annexation addendum to this agreement. The
addendum will become effective on the effective date ofthe CITY ordinance approving the
annexation.
3.3 Amendments.The CITY and COUNTY recognize that amendments to this agreement
other than those described in section 3.2 above may be necessary to clarify particular sections or
to update and expand the agreement. These amendments may be pursued as necessary by both
parties.
MarysvilleMasterAnnexation ILA Page2
3.4 Process for addending or amending this agreement. An addendum or amendment must be
mutually agreed by the parties and executed in writing before becoming effective.Any
addendum or amendment to the agreement shall be executed in the same manner as provided by
law for the execution of the agreement.
4.LANDUSE
4.1.Comprehensive Plan and Urban density requirements. The CITY's GMA
Comprehensive Plan establishes land use designations within the MUGA,including
unincorporated areas ofthe MUGA. These designations provide residents and the COUNTY
notice of the CITY's intentions with respect to land uses for the area and requires a minimum
residential density offour (4) dwelling units per net acre in the MUGA. The COUNTY will
continue to work with the CITY to reconcile land use designations within the unincorporated
MUGA to ensure consistency with the CITY's Comprehensive Plan,Comprehensive Water Plan
and Comprehensive Sewer Plan and Rural Utility Service Area (RUSA) Plan.
4.2.Pre-zoning.The City agrees to pre-zone a proposed annexation area at the time it accepts
the sixty-percent petition to annex, by any method authorized by RCW Chapter 35A.14.The
CITY will provide adequate notice of the zoning hearings to affected property owners and the
COUNTY.
4.3 City urban design and development standards. All County development applications
subject to SEPA within the MUGA will be reviewed under the terms of the Interlocal
Agreement Between Snohomish County and the City of Marysville on Reciprocal Mitigation of
Transportation Impacts, the provisions of SEPA, and any other interlocal agreements relating to
interjurisdictional coordination.Any County development within the MUGA may also be
required to provide improvements,dedicate or deed right-of-way, and meet road standards
consistent with minimum unincorporated UGA infrastructure standards identified in Exhibit 2,
when adopted by the COUNTY. When the development is contingent upon extension of sewer
or water services provided by the CITY, the COUNTY agrees to impose conditions negotiated
between the developer and the CITY as a condition of a sewer and water contract between the
property owner or developer and CITY,provided that the conditions meet minimum county
development standards and mitigation conditions.The CITY agrees that the COUNTY can only
impose standards and conditions in addition to those which the COUNTY would impose under
COUNTY codes if the applicant agrees in writing or in the utility service agreement.
4.4 Urban Growth Area. The COUNTY agrees to consult with the CITY on any proposals to
amend the MUGA,which are contingent upon service provision by the CITY and which will
ultimately be within the CITY. The COUNTY agrees to work cooperatively with the CITY to
establish a priority system for evaluating UGA amendment requests within the MUGA and
which are consistent with buildable lands requirements of the Growth Management Act (RCW
36.70A.215)and the monitoring guidelines established by Snohomish County Tomorrow as
adopted by the COUNTY in its General Policy Plan. The priority system will be based on
availability of public facilities and services within the existing UGA.
MarysvilleMasterAnnexation ILA Page3
4.5 Endangered Species Act compliance.The COUNTY and CITY agree to work towards
one or more interlocal agreements to achieve recovery of any federally listed threatened or
endangered species.These agreements may include, but are not limited to, land use planning,
development regulations,code enforcement,capital projects,public involvement and education,
facilities operations and maintenance and scientific inventory and monitoring.
5.TRANSFER OF PERMITS IN PROCESS BY THE COUNTY
5.1 County will process permits within four months of annexation.The COUNTY agrees to
continue processing both building and major development permit applications in an annexed area
for which complete applications were filed before the effective date of annexation,as provided
below.
5.2 City will adopt County Code.The CITY agrees to adopt the COUNTY'S permitting
code by reference.The relevant code is listed as Exhibit 3 to this agreement.
5.3 Building permits issued within four months of annexation.In areas that have been
annexed,the COUNTY shall continue to process through completion building permits under
COUNTY code and permit requirements for which it received a complete permit application
prior to the effective date of the annexation.In addition,the COUNTY shall accept,process,and
conduct inspections for any associated permits for which it receives an application through
completion..For the purposes of this agreement,"associated permits"means mechanical,
plumbing,and sign permits for the building being permitted.For the purposes of this
agreement,"completion"means final administrative or quasi-judicial approvals,including final
inspection and issuance of an occupancy permit. The COUNTY shall be responsible for
defending any administrative,quasi-judicial or judicial appeals of building permits issued by the
COUNTY in the annexed area.(Building permits under 5.3)For permit renewals,see Section
5.6.
5.4 Building permit applications not issued within four months after annexation.In areas that
have been annexed,the COUNTY shall continue to process permit applications (exclusive of
major development permits as defined in Section 5.5)under the COUNTY code and permit
application requirements for which it received a complete permit application prior to the effective
date of the annexation,for up to four months following the effective date of the annexation.Four
(4)months following the effective date of the annexation,permit application processing
responsibility will be transferred to the CITY if a permit was not issued.Alternatively,the CITY
may also request the COUNTY to transfer pending building permit applications upon receipt of a
written request by the permit applicant. The COUNTY will contact applicants for pending
permit applications to provide advance notification ofthe transfer date. The CITY will honor
any intermediate approvals (such as building plan check approval)which are effective prior to
transfer of the permit application.Extension of intermediate approvals following the annexation
must be approved by the CITY following consultation with County staff.
MarysvilleMasterAnnexation ILA Page4
5.5 Major development permits.In areas that have been annexed, the COUNTY shall
continue to process to completion any major development permits for which it received a
complete permit application prior to the effective date of an annexation.Major development
permits are defined as: non-single family building permits for structures greater than 4,000
square feet in size,subdivisions,Planned Residential Developments,short subdivisions,
conditional uses, special uses, rezones,shoreline substantial development permits and variances.
Processing to completion shall be to the end of a review process that was commenced by the
county prior to the date of the annexation. The term "review process"is defined as follows for a
subdivision:preliminary plat approval, plat construction plan approval,inspection and final plat
processing.Final plats shall be transmitted to the CITY for City Council acceptance of
dedication of right-of-way or other public easements,if dedication occurs after the effective date
of annexation..The COUNTY shall be responsible for defending any administrative,quasi-
judicial or judicial appeals of major development permits issued by the COUNTY in the annexed
area.(Building permits under 5.3)
5.6 Permit renewal or extension. Any request to renew a building permit or to renew or
extend a major development permit issued by the COUNTY prior to the effective date of the
annexation which is received after the effective date of the annexation shall be made to and
administered by the CITY.
5.7 Land use code enforcement cases. Any land use code enforcement cases in the
annexation area pending in the COUNTY 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. The
COUNTY agrees to make its employees available as witnesses at no cost to the CITY if
necessary to prosecute transferred cases.
5.8 Enforcement of County conditions.Following the effective date of annexation,the CITY
agrees to enforce any conditions imposed by the COUNTY relating to the issuance of a building
or major development permit in an area which has been annexed. Any performance or other
bonds held by the COUNTY to guarantee performance or completion of work associated with the
issuance of a permit shall be transferred to the CITY along with responsibility for enforcement of
condition tied to said bonds. The COUNTY agrees to make its employees available to provide
assistance in areas involving enforcement of conditions on permits originally processed by
County personnel,at no cost to the CITY.
5.9 Quarterly permit report.Fifteen days following the end of each calendar quarter, the
COUNTY shall provide the CITY a report listing the file numbers and addresses of all major
development permits,code enforcement cases and building permits inside the CITY limits that
were pending during the previous quarter.
5.10 Proportionate share of application fees. The CITY and COUNTY shall proportionately
share the permit application fees for any transferred cases. The COUNTY shall transfer a
proportionate share of the application fee collected to the CITY,commensurate with the amount
of work left to be completed on the permit. The City may also request transfer for permit
responsibility upon receipt of a written request by the permit applicant.
MarysvilleMasterAnnexation ILA Page5
6.RECORDS TRANSFER
6.1 Transfer or copying of records. The City Clerk or designee, at his or her discretion,shall
either take custody of or copy relevant COUNTY records prior to and following annexation.
COUNTY records to be transferred or copied will include, but are not limited to, records from
The Departments of Public Works and Planning and Development Services,including all permit
records and files,inspections reports and approved plans, approved zoning files, code
enforcement files, fire inspection records,easements,plats, data bases for land use, drainage,
street lights, streets,regulatory and animal license records, and any available data on the location,
size and condition of utilities, and other items identified during the transfer process.Transfer of
COUNTY records will be subject to an interlocal agreement between the CITY and the
COUNTY relating to records retention and standards.
6.2 Costs. The CITY will reimburse the COUNTY for the costs of any COUNTY materials
necessary for duplication or transfer,including microfilming.The CITY may arrange for off-site
duplication of records under appropriate safeguards for the protections of records as approved by
the COUNTY.
6.3 Custody and documentation.The transfer of any original COUNTY records to the
permanent custody of the City Clerk will be fully documented by itemized receipts signed by
both the original County custodian of the records and the City Clerk. The CITY agrees to
maintain these records as any other CITY records of the same type in accordance with all legal
records management requirements.
7. ROADS
7.1 Ownership and Maintenance. Except for noncontiguous municipal purpose annexations,
the CITY will propose annexation of the entire right-of-way of COUNTY roads adjacent to an
annexation boundary and will assume full ownership and maintenance responsibility for those
roads upon the effective date of annexation.
7.2 Uncommitted proportionate share mitigation payments. The COUNTY collects
proportionate share mitigation payments (impact fees and road related State Environmental
Policy Act (SEPA)capacity mitigation payments) as a condition ofland development permit
approval pursuant to SCC Title 26B.Proportionate share mitigation payments collected by the
COUNTY from developments within an annexation area shall be transferred to the CITY subject
to the following criteria:
a)Transfers shall include payments collected by the COUNTY in accordance with the
formula identified below and payment obligations imposed by the COUNTY but not yet
paid,
b)Transfers shall only include payments that have been collected within the four year period
prior to the annexation date to ensure compliance with the expenditure time limitations of
RCW 82.02.020 and RCW 82.02.070,
MarysvilleMasterAnnexation ILA Page6
c)Transfers shall not include payments expended or budgeted by the COUNTY as ofthe
effective date of an annexation,and
d)Transfers shall occur within ninety (90) days following either the effective date of an
annexation or the date of payment receipt,whichever occurs later.
The COUNTY shall provide documentation to the CITY of such mitigation funds by defining the
time periods and conditions for expenditure of the funds under the requirements ofRCW
82.02.020 and RCW 82.02.070,and will assist the CITY in auditing mitigation payment records.
The CITY acknowledges that mitigation funds must be spent or refunded in accordance with
state law. The CITY shall assume all responsibility and liability for reimbursement of any
mitigation amounts transferred to the CITY,with any required interest,if the funds are not
expended or encumbered within the time required by law. The amount of such mitigation funds
transferred shall be determined at the time of annexation by the following formula:
RA =(ECl +EC2) x MP, where:
RA =The amount of mitigation funds to be transferred to the CITY,
ECI =Estimated Costs ofImprovements to Annexed Roads in the Impact Fee Cost Basis,
EC2 =Estimated Costs ofImprovements to All Roads in the Impact Fee Cost Basis for
Transportation Service Area A, and
MP =The Total of Uncommitted Capacity Mitigation Payments Collected from developments
within the annexation area within Transportation Service Area A within the Past 4 Years
Estimated Costs will be based on amounts contained in the Snohomish County Transportation
Needs Report and its technical appendices, as now existing or hereafter amended,which
determine the impact fee cost basis for proportionate share mitigation payments made pursuant to
COUNTY code.
7.3 Reciprocal impact mitigation. The CITY and COUNTY agree to mutually enforce each
others traffic mitigation ordinances and policies to address multi-jurisdictional impacts under the
terms and conditions as provided for inthe "Interlocal Agreement Between Snohomish County
and the City of Marysville on Reciprocal Mitigation of Transportation Impacts"will be adopted
at or near the time of this AGREEMENT.
7.4 Recovery of historical capital expenditures. The CITY recognizes the potential need to
reimburse the COUNTY for the depreciated value ofthe construction and property acquisition
costs of some capital road expenditures made in the five year period preceding the effective date
ofthis agreement on roads annexed into the CITY during the five year period following the
effective date ofthis agreement. These projects and a schedule of potential reimbursements by
calendar year are shown in Exhibit 4. After the effective date ofthis agreement,as a part ofthe
MarysvilleMasterAnnexationILA Page 7
process of addendum for each annexation described in section 3.2 above, the CITY and
COUNTY will review the projects in Exhibit 4 to determine if any may be included in the
proposed annexation area.If so, the CITY and COUNTY will meet to decide what recovery
compensation,if any, the CITY will pay to the COUNTY for those projects on the effective date
ofthe annexation.Actual reimbursement amounts shall be negotiated between the CITY and the
COUNTY at the time of annexation.The agreement shall be included as part of the annexation
related addendum as provided in Section 3.2. Actual reimbursement amounts and appropriate
repayment schedules shall be negotiated between the CITY and the COUNTY at the time of
annexation.The parties recognize that the potential reimbursement amounts are not mandated by
the terms of this agreement and should be considered at the time of a specific annexation along
with any other factors relevant to adjustment of a reimbursement amount,if any.
7.5 Consultation on capital expenditures for active and future projects. The COUNTY agrees
to consult with the CITY in planning for all new capital road construction projects within the
MUGA.The COUNTY and the CITY agree to begin consultation within sixty days of approval
ofthis agreement regarding existing active COUNTY projects. At the time of consultation,the
parties will discuss the need for shared responsibilities in implementing a project,including the
potential for indebtedness by bonding or loans. Any agreements related to shared responsibilities
for road projects within the MUGA shall be by separate interlocal agreement for the specific
capital road construction projects.
8.SURFACE WATER MANAGEMENT
8.1 Fees. The COUNTY collects fees for unincorporated areas that lie within County
designated Watershed Management Areas (WMAs). Watershed management fees are collected
at the beginning of each year through real property tax assessments. These fees are to be used
within the year in which they were collected. Upon the effective date of an annexation which
occurs within a County WMA, the CITY hereby agrees that the COUNTY will continue to apply
the fees collected pursuant to Chapter 25.20 SCC in providing watershed management services
and prograrmned improvements and maintenance through the end ofthe year in which an
annexation became effective. These services shall be the same as those provided to other fee
payers in the County,including drainage complaint response.
8.2 Maintenance and Ownership responsibilities.If an annexed area includes drainage
improvements or facilities the COUNTY currently owns or maintains,the CITY and COUNTY
shall agree to the disposition of maintenance and ownership responsibilities by the end of the
year in which the annexation becomes effective.Exhibit 5 lists those facilities identified at this
time. The responsibilities resulting from such discussions shall be included as part of an
annexation-related addendum as provided in section 3.2 of this agreement.
MarysvilleMasterAnnexation ILA Page 8
If the COUNTY's current Annual Construction Program includes major drainage improvements
in the area to be annexed, the CITY and COUNTY shall agree how funding,construction,and
subsequent operational responsibilities will be assigned for these improvements,taking into
account the total WMA and source of funds, and historical improvement expenditures within the
WMA and area to be annexed.
8.3 Improvement responsibilities.The revenues for any surface water management activity
which were collected by the COUNTY from within the territory to be annexed to the CITY shall
be completely expended as part of any surface water management activity for which the revenues
were designated in that year.
8.4 Local and Regional Services. The CITY and COUNTY recognize that watershed
management planning is ongoing and that all needed surface water improvements and solutions
have not been identified..The CITY and COUNTY intend to work towards one or more
interlocal agreements for joint watershed management planning,capital construction and other
related services. The CITY and COUNTY also agree to address regional service issues as a part
of the interlocal agreement.By June 15,2000 the COUNTY and CITY agree to have developed
a framework for one or more interlocals to provide for storm and surface water services in the
Urban Growth Area as annexations occur.
9.PARK,OPEN SPACE AND RECREATIONAL FACILITIES
9.1 Ownership and maintenance.If an annexed area includes park, open space or recreational
facilities listed as a local or community park, the CITY shall assume maintenance,operation and
ownership responsibilities for this facility upon the effective date of the annexation unless,prior
to the annexation,the COUNTY declares its intention to retain ownership of the park. The
COUNTY,in consultation with the CITY, will make this decision based on the following
criteria:
a) The park has a special historic,environmental,or cultural value associated with the
Snohomish County Department of Parks and Recreation and to the citizens of Snohomish
County;
b) There are efficiencies with the COUNTY's operation and/or maintenance of the park
property;
c) The COUNTY has made a substantial capital investment in the park property including
the purchase ofthe property,the development of the park, and the construction of facilities;
d) There are specialized stewardship or maintenance issues associated with the park that the
COUNTY is best equipped to address;
e) The property generates revenue that is part ofthe larger park operation budget;and
f)The facility serves as a regional park and would be better included in the COUNTY'S
regional network.
Any agreed partnership or division of responsibility shall be documented in an amendment to
this interlocal agreement within the forty-five (45) day review period following the CITY's
NOI to the BRB, as described in section 3.2 above.
Marysville MasterAnnexation ILA Page9
9.2 Uncommitted park mitigation payments. Funds for park mitigation payments and park or
open space related SEPA mitigation payments received by the COUNTY as a condition of land
development permit approval pursuant to SCC.Title 26A collected by the COUNTY from
property within the annexation area which, as of the effective date of an annexation,are
committed to local or community parks or unbudgeted,will be transferred to the CITY.
9.3 Calculation of fund amounts. The amount of park mitigation funds transferred shall be
equal to those funds collected in the annexation area, minus those funds committed to regional
parks. The COUNTY will provide to the CITY documentation of such mitigation funds by
defining the time periods for expenditure of the funds under RCW 82.02.020 and will assist the
CITY in auditing mitigation payment records.
9.4 Joint planning for parks,recreation and open space. The CITY and COUNTY shall, upon
the effective date of this Agreement,establish an interlocal agreement for parks,open space and
recreational facilities. This agreement shall be based upon the CITY and COUNTY's efforts to
provide parks,recreational and open space within the MUGA and surrounding area. This
agreement shall establish the nature and type of facilities the jurisdictions have planned or
anticipate for the area,identify ways to jointly provide these services and identify transition of
ownership and maintenance responsibilities as annexations occur. This effort will result in a
mutual ongoing planning effort,joint capital improvement plans and reciprocal impact
mitigation.
10.POLICE SERVICES
10.1 Transfer of police services. As necessary, the CITY and COUNTY shall discuss the
needs for contracting or transfer of police services within the annexed areas and unincorporated
UGA.Agreements between the CITY and COUNTY shall be consistent with RCW 41.14.250
through 41.14.280 and RCW 35.13.360 through 35.13.400. The County Sheriffs Department,
upon request by the CITY, shall provide detailed service and cost information for the area to be
annexed.
10.2 .Form of agreement.Any agreements on transfer of police services will be documented as
part of an annexation-related amendment to this interlocal agreement.
11.ANNEXATION SUPPORT
When the COUNTY finds that a proposed annexation is consistent with this Agreement,the
County legislative authority will not oppose the annexation, and will send a letter to the
Boundary Review Board in support of annexations within the MUGA that are processed during
the term of this agreement.
Marysville Master.Annexation ILA Page 10
12.DISPUTE RESOLUTION
The CITY and COUNTY mutually agree to use a formal dispute process such as mediation,
through an agreed upon mediator and process,if agreement cannot be reached regarding
interpretation or implementation of any provision ofthis agreement. The CITY and COUNTY
agree to mediate any disputes regarding the annexation process or responsibilities of the parties
prior to any Boundary Review Board hearing on a proposed annexation. The parties shall use the
mediation process in good faith to attempt to come to agreement early in the annexation process,
and prior to any hearings which may be required before the Boundary Review Board.
13.RELATIONSHIP TO EXISTING LAWS AND STATUTES
This AGREEMENT in no way modifies or supersedes existing laws and statutes. In meeting the
commitments encompassed in this AGREEMENT,all parties shall comply with the requirements
of the Open Meetings Act,Growth Management Act, State Environmental Policy Act,
Annexation Statutes and all other applicable federal, state or local law. The ultimate authority
for land use and development decisions is retained by the COUNTY and CITY within their
respective jurisdictions.By executing this AGREEMENT,the COUNTY and CITY do not
purport to abrogate the decision-making responsibility vested in them by law.
14.EFFECTIVE DATE,DURATION AND TERMINATION
14.1 This AGREEMENT shall become effective following the approval ofthe AGREEMENT
by the official action of the governing bodies of each of the parties hereto and the signing of the
AGREEMENT by the duly authorized representative of each of the parties hereto.
14.2 Each party may terminate its obligations under this AGREEMENT upon thirty (30) days
advance written notice to the other party. Any amendments and termination shall be in writing
and executed in the same manner as provided by law for the execution of this AGREEMENT.
15.INDEMNIFICATION AND LIABILITY
15.1 The CITY shall protect,save harmless, indemnify, and defend, at its own expense, the
COUNTY,its elected and appointed officials, officers, employees and agents, from any loss or
claim for damages of any nature whatsoever,arising out ofthe CITY'S performance ofthis
AGREEMENT,including claims by the CITY'S employees or third parties,except for those
damages solely caused by the negligence or willful misconduct of the COUNTY,its elected and
appointed officials,officers,employees or agents.
15.2 The COUNTY shall protect, save harmless, indemnify, and defend, at its own expense
the CITY, its elected and appointed officials, officers, employees and agents from any loss or
claim 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 solely caused by the negligence or willful misconduct of the CITY, its elected and
appointed officials,officers, employees or agents.
MarysvilleMasterAnnexation ILA Page 11
15.3 In the event of liability for damages of any nature whatsoever arising out ofthe
performance of this AGREEMENT by the CITY and the COUNTY,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 COUNTY and the CITY,
their officers, officials,employees and volunteers,each party's liability hereunder shall only be
to the extent of that party's negligence.
15.4 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 any failure by the CITY to comply with RCW 82.02.020 or RCW 82.02~070.
16.SEVERABILITY
Should any clause, phrase,sentence or paragraph of this AGREEMENT or its application be
declared invalid or void by a court of competent jurisdiction,the remaining provisions of this
AGREEMENT not so declared shall remain in full force and effect.
17.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.
18.RECORDS
Both parties shall maintain adequate record to document obligations performed under this
Agreement.Both parties shall have the right to review the other party's records with regard to
the subject matter of this AGREEMENT,upon reasonable notice.Such rights last for six(6)
years from the date of permit issuance for each specific development subject to this Agreement.
19.ENTIRE AGREEMENT
This AGREEMENT constitutes the entire agreement between the parties with respect to the
framework issues for annexations.It is anticipated that the parties will enter into further
interJocal agreements on specific subject areas, as indicated in the text ofthe agreement.
20.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.
Marysville MasterAnnexation ILA Page 12
21.CONTACTS FOR AGREEMENT
The contact persons for this AGREEMENT are:
Gloria Hirashima
Planning Director
City of Marysville
80 Columbia Avenue
Marysville,WA 98270
(360)651-5100
Denny Derickson
Snohomish County
Department of Planning and Development Services
3000 Rockefeller Ave.
Everett, WA 98201
(425) 388-3311
IN WITNESS WHEREOF,the parties have signed this AGREEMENT,effective on the later
date indicated below..11J
Datedthis 1£day of ~"1999.
CITY OF MARYSVILLE
BY:
(/JUAolA
\David Weiser
Mayor
Date:_---'='+---C::--'--'----'_
ATTEST:
~r~~Mary enson
City erk
Approved as to form:
Office of the City Attorney
~tt0JJ
Grant Weed
Attorney for the City of
Marysville
MarysvilleMasterAnnexation ILA Page 13
SNOHOMISH COUNTY
BY:
.~u1J.o
1)Robert J.$rewe1 GARY WEIKEL
County Executive Executive Director
Date:;JUIYLQ ';0.tgqq 1)-I '1
ATTEST:
~«--yyJce~r-0G
Clerk of the County Council,Asst.
Approved as to form:
Snohomish County Prosecutor
koau J.DIUa G(30/11
Barbara J.DyiUs
Deputy Prosecuting Attorney for
Snohomish County
Exhibit 1a
Map of County Subareas
Note:The subarea descriptions will be used in cases in which the map is vague or
incorrect.
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I
\
June )0.lV99
Exhibit 2a
Map of City Subareas
Note.The subarea cescripuons will be used in cases in which the map is vaque or
incorract
,
-.,
\
\.
s-:
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...'\.....
.•......
\
'.
'.
...---~s:,'.....••.\
.....'-
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A~i;~-;~;-~
~~III~
.....
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Snohomish County/Marysville TwfTi':IlA Jure 10, 1999