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5 ` <br /> AGREEMENT BETWEEN <br /> WAPO INVESTMENTS LLC, d.b.a. HOLIDAY INN EVERETT <br /> AND THE CITY OF EVERETT <br /> FOR WATER CONSERVATION PROGRAM <br /> This agreement is by and between the City of Everett,a first class city in th9State pf Washington, <br /> and WAPO Investments LLC,d.b.a. Holiday Inn Everett, of ' ..i 2y e ' lJ\AJ 11 , <br /> and is effective as of May 15, 2005. <br /> 1. PARTIES <br /> The parties to this Agreement are the City of Everett, a Washington municipal corporation <br /> (hereafter"Ci ")and WAPO Investm)e' is LLC, d.b.a.Holiday Inn Everett, commercial entity <br /> a <br /> located at / 55-115 am ,4' i S_) A'n i i1 A 43q)-and owners of the property located at <br /> 3168 i S ,Everett, Washington, 98201 (hereafter"Holiday inn <br /> Everett"). The parties are located in and exist under the laws of the State of Washington. <br /> 2. PURPOSE AND RECITALS <br /> 2.1 Background. Under the water conservation program, the City provides funding to select <br /> businesses within the City limits for water conservation improvements. Such payments <br /> are authorized under RCW Chap. 35.92 and RCW Chap. 54.16. <br /> 2.2 Purpose. The purpose of this Agreement is to establish a mechanism for Holiday Inn <br /> Everett to request a water conservation audit, for Holiday Inn Everett to request <br /> reimbursement for water conservation measures identified by such audit, and for the City <br /> to reimburse Holiday Inn Everett. <br /> 3. DURATION <br /> This Agreement shall become effective upon execution by all parties and shall remain in effect <br /> for one year, unless extended by written amendment signed by both parties. <br /> 4. PROGRAM <br /> 4.1 To enroll in the program,Holiday Inn Everett requests a water conservation audit from <br /> the City. The purpose of the audit is to identify efficiency improvements and quantify the <br /> water savings from such improvements. <br /> 4.2 The City may hire a vendor to conduct the audit. By agreeing to have the audit, Holiday <br /> Inn Everett agrees to allow the auditor to enter on Holiday Inn Everett property and will <br /> reasonably cooperate with the auditor regarding access and information. <br /> 4.3 The auditor will produce a written report to the City identifying improvements, and,to <br /> the extent possible, quantifying water savings from such improvements. The City will <br /> provide copies of the report to the Holiday Inn Everett. <br /> 4.4 Holiday Inn Everett may ask the City to pay for some or all of the cost of the measures <br /> identified in the auditor's report. Such requests must be in writing and within a <br /> 1 <br />