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• 7 <br /> NOW,THEREFORE, in consideration of the mutual promises and covenants <br /> contained below, the parties agree as follows: <br /> 1. Definitions. <br /> For the purposes of this Agreement, the following terms shall have the following meanings: <br /> (a) "Allocable Share" means forty-one percent (41%) of the Capital Costs of the <br /> Animal Shelter. <br /> (b) "Animal Shelter" means that new animal shelter to be constructed, owned and <br /> operated by Everett and further described in Section 5, and includes Building#1,Building <br /> #2 and associated improvements. <br /> (c) "Animals" means cats and dogs. <br /> (d) "Capital Costs" means those costs that are properly capitalizable under generally <br /> accepted accounting principles applicable to Everett and Snohomish County. <br /> (e) "Existing Shelter" means that animal shelter at 2732—36th Street in Everett, <br /> Washington, owned and operated by Everett. <br /> (f) "Project" means the design, construction,permits, fees,utilities, equipment <br /> and/or systems such as fiber optic cable, phone and data, security system, access <br /> management system, and other capital expenses necessary to construct the Animal Shelter, <br /> provided,however, that the "Project" shall not include,among other things: (i) the land on <br /> which the Animal Shelter buildings are situated, (ii) the costs of designing or constructing a <br /> dog park,if any, to be installed on the land on which the Animal Shelter buildings are <br /> situated, (iii) any portion of Everett's borrowing or debt service costs if it elects to finance its <br /> share of the capital costs of the Animal Shelter, or (iv) any improvements constructed or <br /> used by Everett for any purpose other than operation of the Animal Shelter. <br /> (g) "Project Manager" means that person appointed by Everett to oversee the design <br /> and construction;of the Project. <br /> (h) "Project Representative" means that person designated by Snohomish County to <br /> monitor the design and construction of the Project. <br /> (i) "Transition Period" means that period of time between the anticipated March <br /> 31, 2009 closing of the Existing Shelter and the 2009 completion of the construction of <br /> Building#2 of the Animal Shelter. <br /> ANIMAL SHRT TER CAPITAL FACILITIES AGREEMENT <br /> Page 3 of 19 <br />