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1. Term. The term of this Agreement shall be for three years, commencing on March 1,2022, <br /> and continuing through February 28, 2025. <br /> 2. County Obligations. The County agrees that within seventy-five(75)days of receiving an <br /> annual allocation from the state treasurer of vessel registration funds the County will <br /> deliver to Everett a treasurer's check equal to forty percent (40%) of the amount of the <br /> funds received. The parties agree that forty percent (40%) represents full payment of <br /> Everett's equitable share. <br /> The parties agree that if the County does not receive an annual allocation from the state <br /> treasurer pursuant to RCW 88.02.650,this Agreement shall immediately terminate and the <br /> County shall have no further vessel registration fee distribution obligation to the City. <br /> 3. Everett Obligations. <br /> a. Everett agrees to use the funds made available under this Agreement only for <br /> boating safety purposes as identified in WAC 352-65-040. Everett further agrees <br /> to use the funds to increase boating safety education and enforcement efforts and <br /> to stimulate greater local participation in boating safety,but not to supplant existing <br /> boating safety funding. <br /> b. Everett certifies it will operate its boating safety programs throughout the term of <br /> this Agreement in compliance with the state's program requirements and will <br /> comply with all applicable federal,state and local laws in performing any activities <br /> resulting from the use of the funds distributed under this Agreement. <br /> c. Everett agrees to submit an annual report of activities performed and participate in <br /> statewide boating surveys as required by state parks. <br /> 4. Governing Law and Venue. This Agreement shall be governed by,construed and enforced <br /> in accordance with the laws of the State of Washington. The parties stipulate that the venue <br /> of any action arising out of this Agreement shall be in the Superior Court of the State of <br /> Washington, in and for Snohomish County. <br /> 5. Severability. Should any clause, phrase, sentence or paragraph of this agreement be <br /> declared invalid or void, the remaining provisions of this Agreement shall remain in full <br /> force and effect. <br /> 6. Assignment. This Agreement shall not be assigned, either in whole or in part, by either <br /> party without the express prior written consent of the other party,which may be granted or <br /> withheld in such party's sole discretion. <br /> 2 <br />