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14 <br /> THE CITY OF EVERETT, a municipal corporation of the State of Washington <br /> (hereinafter referred to as the"CITY")under authority of the Interlocal Cooperation Act, <br /> chapter 39.34 RCW. For and in consideration of the mutual promises set out below, the <br /> parties agree as follows: <br /> I. GENERAL CONDITIONS <br /> 1.1. Premises. The unimproved property (hereinafter referred to as the <br /> "Property") is located in the City of Everett, Washington, and is generally legally <br /> described as follows: <br /> SEE ATTACHED EXHIBIT A <br /> 1.2. Purpose of Property Acquisition. The Property is to be acquired for the <br /> purpose of conserving open spaces and areas as authorized by RCW 84.34.200 et seq., <br /> and for conservation and for passive,public recreation. <br /> 1.3. Duration. This AGREEMENT shall become effective when executed by <br /> the parties and recorded with the Snohomish County Auditor in accordance with RCW <br /> 39.34.040. If the Property is acquired within the time frame provided in 2.1(a) below, <br /> this AGREEMENT shall be in effect perpetually, subject to any amendments agreed to <br /> in writing by the parties. If the Property is not acquired within the time frame provided <br /> in 2.1(a) below, this AGREEMENT shall be terminated; provided however, that the <br /> COUNTY and CITY may mutually agree in writing prior to the termination date, upon <br /> an extension of time. <br /> 1.4. Amendments. This AGREEMENT shall constitute the full and complete <br /> AGREEMENT of the parties and may be amended only by written agreement of the <br /> parties, executed in the same manner as provided by the Interlocal Cooperation Act, <br /> chapter 39.34 RCW,governing the execution of this AGREEMENT. <br /> II.DUTIES OF THE PARTIES <br /> 2.1.Duties of the CITY. The CITY shall: <br /> a. Acquire the Property within twelve (12) months of the effective date of this <br /> AGREEMENT and upon closing maintain, operate and conserve the Property for open <br /> space and passive park purposes. The CITY shall undertake all reasonable efforts to <br /> acquire the Property but if the owner of is not a willing seller, the CITY shall not utilize <br /> the power of eminent domain to acquire the Property. <br /> • <br /> Interlocal Cooperation Agreement w/City of Everett <br /> —Conservation Futures1 37 Page 2 <br />