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..--\ . <br /> 8 ,,� i Washington State Transportation Imprr�vement Board <br /> t��� Fuel Tax Grant Distribution Agreement _ <br /> LEAD AGENCY: City of Everett <br /> PROJECT NUMBER: 8-1-138(033)-1 <br /> PROJECT TITLE: Evergreen Way <br /> PROJECT TERMINI: 41st Street to 47th Street <br /> 1.0 PURPOSE <br /> The Washington State Transportation Improvement Board (hereinafter referred to as <br /> "TIB") hereby grants funds for the project specified in the attached documents, and as <br /> may be subsequently amended, subject to the terms contained herein. It is the intent of <br /> the parties, TIB and the grant recipient, that this Agreement shall govern the use and <br /> distribution of the grant funds through all phases of the project. Accordingly, the project <br /> specific information shall be contained in the attachments hereto and incorporated <br /> herein, as the project progresses through each phase. <br /> This Agreement, together with the attachments hereto, the provisions of chapter 47.26 <br /> Revised Code of Washington, the provisions of title 479 Washington Administrative <br /> Code, and TIB Policies, constitutes the entire agreement between the parties and <br /> supercedes all previous written or oral agreements between the parties. <br /> 2.0 PARTIES TO AGREEMENT <br /> The parties to this Agreement are TIB, or its successor, and the grant recipient, or its <br /> successor, as specified in the attachments. <br /> 3.0 TERM OF AGREEMENT <br /> This Agreement shall be effective upon execution by TIB and shall continue through <br /> completion of each phase of the project, unless terminated sooner as provided herein. <br /> 4.0 AMENDMENTS <br /> This Agreement may be amended by mutual agreement of the parties. Such <br /> amendments shall not be binding unless they are in writing and signed by personnel <br /> authorized to bind each of the parties. <br /> 5.0 ASSIGNMENT <br /> The grant recipient shall not assign or transfer its rights, benefits, or obligations under <br /> this Agreement without the prior written consent of TIB. The grant recipient is deemed <br /> to consent to assignment of this Agreement by TIB to a successor entity. Such consent <br /> shall not constitute a waiver of the grant recipient's other rights under this Agreement. <br /> 6.0 GOVERNANCE &VENUE <br /> This Agreement shall be construed and interpreted in accordance with the laws of the <br /> state of Washington and venue of any action brought hereunder shall be in the Superior <br /> Court for Thurston County. <br /> 2 / <br /> TIB Form 190-500 Page 1 of 3 Rev. 2/14/2003 <br />