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2024/02/28 Council Agenda Packet
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2024/02/28 Council Agenda Packet
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Council Agenda Packet
Date
2/28/2024
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<br />4 <br />other than those as to which it is held unenforceable, will not be affected by that unenforceability and <br />will be enforceable to the fullest extent permitted by law. <br /> <br />g. Notice. For a notice under this Agreement to be valid, it must be in writing and <br />the sending party must use one of the following methods of delivery: (A) personal delivery to the address <br />stated below; (B) first class postage prepaid U.S. Mail to the address stated below; or (C) nationally <br />recognized courier to the address stated below, with all fees prepaid: <br /> <br />.Notice to City Notice to District Notice to County <br />City of Everett, Public Snohomish Conservation Snohomish County <br />Works District Attn: Janet Jayne <br />Attn: Apryl Hynes Attn: Linda Lyshall 600 128th St SE <br />3200 Cedar Street 528 91st Avenue, Ste. A Everett WA, 98208 <br />Everett, WA 98201 Lake Stevens, WA 98258 <br />A Party may change its address by delivering written notice to the other parties of the new address. <br /> <br />h. Attorney’s Fees and Costs. The prevailing party in any action brought to enforce any <br />obligations under this Agreement shall be entitled to recover from the non‐prevailing party or parties an <br />amount equal to the reasonable attorney’s fees and costs incurred by the prevailing party, including <br />without limitation any costs incurred on appeal or in any bankruptcy proceeding. <br /> <br />i. No Third‐Party Beneficiaries. The provisions of this Agreement are for the sole benefit of <br />the parties to this Agreement. No other persons have any rights or remedies under this Agreement. <br /> <br />j. Compliance with the Washington State Public Records Act. The parties acknowledge <br />they are subject to the Public Records Act, chapter 42.56 RCW. The parties shall cooperate with each <br />other so that each may comply with all of its obligations under the Public Records Act. <br /> <br />k. Recording of this Agreement. This Agreement shall be recorded or otherwise made <br />available to the public in accordance with RCW 39.34.040. <br /> <br />l. Signatures. This Agreement can be signed in counterparts. Each party may sign this <br />Agreement in ink or with a pdf scan of signature or with the City of Everett’s AdobeSign system or with <br />any other e‐signature system, any of which is fully binding. <br /> <br />m. No separate legal or administrative agency. No separate legal or administrative agency <br />is created between or among the Parties under this Agreement. <br /> <br />n. Ownership of Property. Except as expressly provided in the contrary in this Agreement, <br />any real or personal property used or acquired by any party in connection with its performance under this <br />Agreement will remain the sole property of such party, and the other parties shall have no interest <br />therein. <br /> <br />[signatures on following pages]
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