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7 <br /> WHEREAS,the County and Everett desire to enter into a cooperative agreement, <br /> NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises <br /> hereinafter contained,the parties agree as follows: <br /> 1. Term. The term of this Agreement shall be for three (3) years, commencing on March 1, <br /> 2012, and continuing through February 29, 2015. <br /> 2. County Obligations. <br /> a. The County agrees that within seventy-five (75) days of the allocation from the <br /> state treasurer of vessel registration fee distributions the County shall deliver to <br /> Everett a treasurer's check equal to forty percent (40%) of the vessel registration <br /> fee distribution received by the County. The parties agree that this amount <br /> represents full payment of Everett's equitable share. <br /> 3. Everett's Obligations. <br /> a. Everett agrees to 'use the funds made available under this Agreement only for <br /> boating safety purposes as identified in WAC 352-65-040. Everett further agrees <br /> to use the funds to increase boating safety education and enforcement efforts and <br /> to stimulate greater local participation in boating safety, but not to supplant <br /> existing boating safety funding. <br /> b. Everett certifies it will operate its boating safety programs throughout the tura of <br /> this Agreement in compliance withthe state's program requirements and will <br /> comply with all applicable federal, state and local laws in performing any <br /> activities resulting from the use of the funds distributed under this Agreement. <br /> c. Everett agrees to submit an annual report of activities perfonued and participate in <br /> statewide boating surveys as required by state parks. <br /> 4. Governing Law and Venue. This Agreement shall be governed by, construed and <br /> enforced in accordance with the laws of the State of Washington. The parties stipulate <br /> that the venue of any action arising out of this Agreement shall be in the Superior Court <br /> of the State of Washington,in and for Snohomish County. <br /> 5. Severability. Should any clause, phrase, sentence or paragraph of this Agreement be <br /> declared invalid or void, the remaining provisions of this Agreement shall remain in full <br /> force and effect. <br /> 6. Assignment. This Agreement shall not be assigned, either in whole or in part, by either <br /> party without the express prior written consent of the other party, which may be granted <br /> or withheld in such party's sole discretion. <br /> S:\Contract\Everett Vessel\2012-2015 Everett Distribution Agreement 2 <br /> • <br /> 33 <br />