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Interlocal Agreement – Page 2 of 4 <br />(b)Duration. This Agreement shall remain in effect through the completion of the <br />PS&E development unless the Parties in writing determine otherwise by amending or <br />terminating this Agreement. A Party seeking to terminate this Agreement shall give ten days’ <br />written notice to the other Party. If the Agreement is terminated, the terminating party shall be <br />liable only for performance rendered prior to the effective date of the termination. <br />6.INTERLOCAL ACT PROVISIONS <br />No separate legal or administrative entity is created by this Agreement. To the extent required <br />by applicable law, each Party is responsible for financing and maintaining a budget for its <br />activities under this Agreement. Except as expressly provided to the contrary in this Agreement, <br />any real or personal property used or acquired by either party in connection with its performance <br />under this Agreement will remain the sole property of such party, and the other party shall have <br />no interest therein. To the extent required by applicable law, each Party shall act as its own <br />administrator for its activities under this agreement. <br />Mukilteo agrees to administer the PS&E Professional Services contract. Everett agrees to <br />reimburse Mukilteo for one-half of the total of each invoice from the engineering consultant up <br />to $200,000 cumulative total. Everett will pay its portion of the invoice within thirty days of <br />receipt of the invoice. <br />7.AMENDMENTS TO THIS AGREEMENT <br />Any amendment to this Agreement must be mutually agreed upon and executed in writing by the <br />Parties. <br />8.OTHER AGREEMENTS <br />To the extent that any other contradictory agreements exist between Everett and Mukilteo <br />regarding Mukilteo Lane PS&E work, this Agreement governs. <br />9.SIGNATURES <br />This Agreement may be executed in counterparts, each of which shall be an original and <br />all of which shall together constitute one and the same instrument. Execution and delivery of <br />this Agreement by the parties shall be legally valid and effective through any combination of: (i) <br />executing and delivering a paper copy, (ii) transmitting the executed paper copy by email in pdf <br />format or other electronically scanned format, or (iii) execution and transmittal by AdobeSign or <br />DocuSign or other e-signature method by one or both Parties. <br />DATED (for reference purposes only): ____________________, 2025 <br />[Signature pages follow.] <br />DATE OF LAST <br />SIGNATURE BELOW