2006/10/04 Council Agenda Packet

6 F. Limitation of This Agreement By its execution of this Agreement, Everett is not committing itself to or agreeing to undertake the disposition of land to Artspace. This Agreement does not constitute a disposition of property. Execution of this Agreement by Everett is merely an agreement to enter into a period of exclusive negotiation according to the terms hereof, reserving final discretion and approval by Everett as to any Ground Lease and all proceedings and decisions in connection therewith. G. Notices All notices shall be in writing and shall be(i)transmitted by certified or registered mail, return receipt requested, postage prepaid, (ii)transmitted by personal delivery, (iii) transmitted by nationally recognized overnight courier service, or(iv)transmitted by facsimile, promptly confirmed by answerback and telephone. Except as otherwise specified herein, all notices shall be deemed to have been duly given(a) five(5) days after the date of posting if transmitted by certified or registered mail, (b)the date of delivery if transmitted by personal delivery, (c)the date of delivery if delivered by recognized national overnight courier service, or(d)the date of transmission if transmitted by facsimile. Any party shall have the right to designate any other address or facsimile number for notice purposes by written notice to the other party in the above- described manner. The addresses of the parties and their respective facsimile numbers are as follows: Everett: Sharon Marks, City Clerk City of Everett 2930 Wetmore Avenue, Everett, WA 98201 Copy to: Soojin Kim City of Everett 2930 Wetmore Avenue, Suite 10-C Everett, WA 98201 Fax: (425)257-8963 Artspace: Greg Handberg Artspace Projects, Inc. 250 Third Avenue North, Suite 500 Minneapolis, MN 55401 Copy to: Cathryn Vandenbrink Artspace Projects, Inc. 312 S. Washington St., Ste. C Seattle, WA 98104