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Home My WebLink About5.752 Original Contract -, 5.7Sc:L fIL!D fOM RtOORO ^ T THE P.(OUES T (1f B CX:G I:ECOllDto J'; ~il~";)'/d."'L;:^HCO- RETURN ADDRESS Z005 NaV - 9 .1lH 9: 30 fJoeJ.., ~!~I"''''""" 1169023 Clallam County 6) Please print neatly or type infonnation Document Title(s) :!:V\,Wlou.i ttm(1fIr~m ~r~r ~i~' ,_... Reference Numbers(s) of related documents Additional Reference #'5 on page_ Grantor(s) (Last Rrstand Middle Inltial) ~ ~/~ Vf fnr~d~5 Additional Grantors on page_ Grantee(s) (Last Rrst and Middle Initial) -. f ll~ ~ / Mit 1 fnf Ifn1da ~ Additional Grantees on page_ Legal Description (abbreviated fonn: lot, bloc!<. plat or section, township, range, quarter/quarter) f!;mbll; hln; t{. mu:hod fuv pha~d IlA'Lnl/{aom tJt ~ PtiYf ~ ~n urhlU1 G']y(J1tf.Jth MOt- Additional legal is on page_ Assessor's Property Tax Parcel! Account Number Additional parcel #'5 on page_ The Auditor/Record will rely on the Infonnation provided on this fonn. The staff will not read the dOOJment to verify the aCOJracy or completeness of the indexing Infonnation provided herein. d om. os. O~ ,)().. nl01106 INTERLOCAL COOPERATION AGREEMENT Establishing A Method For Phased Annexation Of The Port Angeles Eastern Urban Growth Area THIS AGREEMENT is executed by and between Clallam County ("the County") and the City of Port Angeles (the "City") (the County and the City are collectively referred to herein as "the Parties") for the purposes of providing for a cooperative method of progressive annexations of the City's Eastern Growth Area (EUGA) in a manner that promotes the best interests, health, safety and welfare of the County, the City and the citizens of the area, and protects the natural environment throughout the County. WHEREAS, the Parties have cooperated in developing a plan for the phased annexation of the EUGA; and WHEREAS, the plan provides a logical, phased means to address and meet the future needs of the residents, businesses, and institutions within the City and the County; and WHEREAS, the plan creates the institutional arrangements needed to protect the interests of the County, the City, and the implement the residents, businesses, and institutions within the area; and WHEREAS, the plan assures cooperation between the County and the City and is in the best interests of residents and businesses within the area; and ~ WHEREAS, by entering into an interlocal agreement providing for each Party's cooperation, the Parties can more effectively and efficiently implement the plan and satisfy the rights, interests, needs of the residents and businesses within the area and allow for the efficient growth of the area; and WHEREAS, the Parties are authorized and empowered to enter into this Agreement pursuant to Chapter 39.34 RCW. THEREFORE, m consideration of mutual promIses and covenants herein, the Parties agree: - 1 - G:\Legal_ Backup\AGREEMENTS&CONTRACTS\2005 Agmts&Contracts\EUGAANNEXA TION 11-0 1-05 doc 11/2120059.02 AM " Section 1. Phased Annexation Plan. A. This Agreement is intended to commit both the City and the County to a logical, progressive plan for orderly annexation within the EUGA. B. Both the County and the City acknowledge that "shoestring" or "strip" annexations are illegal. Moreover such annexations are contrary to the public interest and welfare. The parties intend by this agreement to allow a series or sequence of annexations in the EUGA area and at the same time to avoid to strip annexations. C. The plan for progressive annexations is based on the attached map. The EUGA is divided into five (5) areas, labeled Blocks 1 through 5. D. The parties agree that annexation shall proceed as follows: All of Block 1 shall be annexed before annexation of any part of any other Block, except Block 3. Any part of Block 3 may be annexed at any time. It is anticipated that parts of these areas will annex when the area has sufficiently developed in density so that it is advantageous to the residents of the area to request annexation. All of Blocks 1, 2, and 3 shall be annexed before any part of Block 4 is annexed. All of Block 4 shall be annexed before any part of Block 5 IS annexed. Section 2. Responsibilities of the County. A. The County shall consult and cooperate with the City to promote orderly annexation of the EUGA to the City and the orderly growth and development of the area. B. The County shall not invoke the jurisdiction of the Boundary Review Board over any annexation covered by the terms of this agreement. If any other person or entity invokes the jurisdiction of the Boundary Review Board with regard to any annexation covered by the terms of this agreement, the County -2- G \Legal_ Backup\AGREEMENTS&CONTRACTS\2005 Agmts&Contracts\EUGAANNEXA TION I I -0 I -05.doc 11/2/20059.02 AM shall support, and not oppose, the annexation before the Boundary Review Board. Section 3. Responsibilities of the City. A. The City shall consult and cooperate with the County regarding plans for annexation in the EUGA. B. Except as provided in paragraph C below, the City shall not accept or proceed with any annexation of any area within the EUGA prior to 2015. C. The parties recognize that there may arise a valid health concern or public safety concern that could be addressed by annexation of a portion of the EUGA. When the City and County concur that such circumstances exist, then notwithstanding the limitations in paragraph B above and Section 1 above, the City may accept and process a proposal to annex a portion of the area within the EUGA. Section 4. Duration of Agreement: This Agreement shall become effective immediately upon approval by the Board of Commissioners of the County and the Council of the City. It shall remain in force for 25 years from the date that it is first effective or until its purposes have been accomplished, whichever occurs first. This Agreement shall automatically be extended for a period of five (5) years unless notice is given by one party within eighteen (18) months prior to the expiration of the original twenty (25) year term, and in writing, that it does not desire to extend the agreement Section 5. Agreement to Address Other Issues. The purpose of this Agreement is to address the details of the annexation plan for the EUGA. The parties recognize there are other issues regarding the EUGA that, for the best interests of the citizens of the County and City and the orderly growth and development of the area, should be resolved through cooperative agreements. These additional issues include: Coordination of the Comprehensive Plans of the City and the County as they relate to growth and development in the EUGA; Application of the City's development standards and Development Regulations to the EUGA; Extension of the City's waste water services into the EUGA; Extension of other City utilities into the EUGA; - 3 - G \Legal_ Backup\AGREEMENTS&CONTRACTS\2005 Agmts&Contracts\EUGAANNEXA TION I I -0 I -05.doc 11/212005 9 02 AM Application of City zoning standards to the EUGA; Plans for financing utility extensions into the EUGA; and Revenue sharing between the City and County of taxes and assessments collected from the EUGA. The parties agree to work together promptly, diligently, and cooperatively to make agreements to address each of these issues in a way that promotes the best interests of the citizens of the County and City and the orderly growth and development of the area. Section 6. Miscellaneous Provisions A. Effective Date: This Agreement shall take effect the first date on which all Parties have taken all necessary action to authorize and execute this Agreement. B. Amendment. This Agreement may be amended only in writing and only by agreement of both Parties. C. Non-Waiver: No waiver by any party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach whether of the same or of a different provision of this Agreement. D. No Third-Party Beneficiary: This Agreement is entered into to protect the public health, safety and welfare of the residents of the City and County and to promote the effective and efficient annexation of the EUGA. This Agreement is not entered into with the intent that it shall benefit any party not signing this Agreement, and no other person or entity shall be entitled to be treated as a third-party beneficiary of this Agreement. E. Counterparts: This Agreement may be executed in two or more , counterparts, and each such counterpart shall be deemed to be an original instrument. All such counterparts together will constitute one and the same Agreement. F. Filing: Promptly upon execution, the County shall file this agreement with the County Auditor as required by Chapter 39.34 RCW. -4- G'\Legal_ Backup\AGREEMENTS&CONTRACTS\2005 Agmts&Contracts\EUGAANNEXA nON 11-0 1-05.doc 11/212005902 AM IN WITNESS HEREOF, this Agreement is executed by Clallam County and by the City of Port Angeles, Washington. Dated this ~ay of November 2005. ~ Dated this L day of November 2005. kL --....,.-4;; Gary Braun, Deputy ~ CLALLAM COUNTY BOARD OF COMMISSION~ fllr. V Michael C. Chapman, Chair CITY OF PORT ANGELES ~t1~ .J fptDn Becky J. U ,. Clerk ((J!T k-i oward V. Dohert , Jr. Attest: Approved as to form: 1~{~ William E. Bloor, City Attorney ---- . t..::....:....., t.:..7.~,;...~7:t't: C_' .. Th a r.]. n,g'e.r- ~ 1 I '). '-':'.,1'\ . "-,,::-_, 1 l( . ",1'; . \..' '~~"'~ ~. I) ~. J ~ 7 I ..';', ' ...:!"' . Attest: . :' ;" ,~J r..,l\ ,:.~{>.,().; '; , f .-r- <"'? ) ~ '('.. U l1-. . , I v~ le"W(J~. ~~ .. t . l:> 1 :, ..' , 'J ' Trish Perrott, CI,e~k of the }3O~fd : ,J,"'.<).: ", . (" 1/) \ ,. ;," \~I--I " 'I { j' I, ~ ' p J -i ~ '" Approved as to form::" ,\; :.' ",.,..., ~,~. . Deborah Kelly, Prosecuting Atto~~y ;1~1 12:1 Mark Nichols Deputy Prosecuting Attorney ~.:. '" ft. .,'" ',r .fl" ~(':i'Jj.,~..."" . \ \' "Ii .1>,,:\,,;., F "., . \! fJ 0).' it"~, ('~r.- ..' ~ . . . .. 'f I" ../~: ....... '\.. ,..... ". '-:,. ,.." ':; ... '- .. . -1," ".. ,:,.... t'( "-j'-:' :: "-'-',," ... (-; ~. :" C' J" "\'1 ',i" ': :: -, ,..) 'J,I i :;-: ~ \: ,l.. J.. I. .: ~ I) '. -t:t .: ('1 : ........~... !!'; .. . .. . ... .. . .. .. <( ..-~ .. ii, ~....r . . . . I .. .. " \" -', S I : 11' r '\" .' ~/",.' t'~ ,'" '\. I". 'f1 I"" - 5 - G:\Legal_ Backup\AGREEMENTS&CONTRACTS\2005 Agmts&Contracts\EUGAANNEXA nON 11-0 1-05 doc 1 112/2005 1'46 PM � 1 Q� lilil■I■ �f`� 7 /�.�.1.1 •�... 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