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0 <br /> AGREEMENT <br /> BETWEEN <br /> AUTUMN OAKS'APARTMENTS <br /> AND THE CITY OF EVERETT <br /> FOR WATER CONSERVATION MEASURES <br /> This agreement is by and between the City of Everett,a first class city in the State of Washington, <br /> and Autumn Oaks LLC dba Autumn Oaks Apartments,of Everett,Washington,and is effective <br /> as of <br /> 1. PARTIES <br /> The parties to this Agreement are the City of Everett,a Washington municipal corporation <br /> (hereafter"City")and Autumn Oaks LLC dba Autumn Oaks Apartments,a private entity located <br /> at 711 West Casino Road,Everett,Washington(hereafter"Entity"). <br /> 2. RECITALS <br /> 2.1 Background. Under the water conservation program,the City may provide funding to <br /> entities within the City limits for water conservation improvements. Such payments are <br /> 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 the Entity to <br /> request a water conservation audit,for the Entity to request reimbursement for water <br /> conservation measures, including those identified by such audit, and for the City to <br /> reimburse the Entity. <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 Entity must make a written request to the City to be enrolled in the program. The request <br /> may ask the City to conduct a water conservation audit,the purpose of which will be to <br /> identify efficiency improvements and quantify the water savings from such <br /> improvements. <br /> 4.2 The City may hire a vendor to conduct the audit. By agreeing to have the audit,the Entity <br /> agrees to allow the auditor to enter on Entity property and will reasonably cooperate with <br /> 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 Entity. <br /> 4.4 The Entity may ask the City to pay for some or all of the cost of the measures identified <br /> in the auditor's report and may ask the City to pay for other water saving measures not <br /> identified in an audit. Such requests must be in writing and, if an audit is conducted, <br /> 1- <br /> 5 <br />