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<br />Page 1 of 7 <br /> <br /> CITY OF EVERETT <br />LODGING TAX GRANT AGREEMENT <br /> <br /> <br />THIS AGREEMENT made and entered into on this ___12th__ day of _May, 2023, by and <br />between the City of Everett, a municipal corporation under the laws of the State of Washington, <br />herein after referred to as the “City,” and the Apex Racing Seattle, whose address is 2808 19th <br />Street Everett, WA 98201 hereinafter referred to as the “Grant Recipient.” <br /> <br />WHEREAS, the City has Lodging Tax revenue to distribute to qualified recipients to conduct <br />tourism promotion; and <br /> <br />WHEREAS, the City desires to aid the Grant Recipient in conducting tourism promotion; and <br /> <br />WHEREAS, the Grant Recipient represented, and by entering into this Agreement now represents, <br />that it is fully qualified to perform the work to be performed hereunder in a competent and <br />professional manner; <br /> <br />NOW, THEREFORE, the parties herein do mutually agree as follows: <br /> <br />1. Engagement of Grant Recipient. The City hereby agrees to grant the Grant Recipient <br />money, and the Grant Recipient hereby agrees, to use the money in a competent and professional <br />manner in furtherance of the attached “Exhibit A – Scope of Work.” The Scope of Work so <br />identified is hereafter referred to as the “Work.” Without a written directive of an authorized <br />representative of the City, the Grant Recipient shall not utilize the money for any uses that are in <br />addition to, or beyond the scope of, the Work. <br /> <br />2. Intellectual Property Rights. Reports, drawings, plans, specifications, and all other <br />intangible property created in furtherance of the Work may be used by the City for any purposes, <br />whether the purpose for which they are made is executed or not, and may be used without the <br />consent of the Grant Recipient. The Grant Recipient retains all intellectual property rights in <br />documents and intangible property created by the Grant Recipient prior to engagement, or not <br />created by the Grant Recipient for its performance of this Agreement. <br /> <br />3. Time of Beginning and Completion of Performance. This Agreement shall commence <br />as of the date of execution of this Agreement and all Work shall be completed by the thirty-first <br />(31st) day of December, 2023. <br /> <br />4. Compensation. <br /> <br /> A. The City shall pay the Grant Recipient only for completed Work and for services <br />actually rendered, which are described herein. Such payment shall be full compensation for the