2018/05/09 Council Agenda Packet

(4) Fourth Installment. No later than June 15, 2022, or the second anniversary date of the second installment,whichever is later,the City shall pay Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00). If the City fails to make an installment payment when due, the YMCA may, in addition to any other remedies the YMCA may have under this Agreement or under applicable law, deny entry to Everett Resident Users as defined and set forth in the Access Easement, and charge interest on installment payments unpaid after 30 days at 8%annual interest. 4. YMCA Building Community Use. Subject to scheduling and YMCA programming priorities, the YMCA will make available its interior meeting space for expanded City of Everett resident community use (e.g., monthly Glacier View Neighborhood Association meetings) at no cost to the City or its residents. 5. Notices. Notices required by the terms of this Agreement shall be sent to the other party at the following addresses, unless otherwise requested, in writing, by one of the parties hereto: TO THE CITY: ATTN: Paul Kaftanski Executive Director 2930 Wetmore Avenue, Suite 10-A Everett, Washington 98201 With copy to: City Attorney 2930 Wetmore Avenue, Suite 10-C Everett, Washington 98201 TO THE YMCA: ATTN: Scott Washburn President/CEO Everett, Washington 98201 6. Applicable Law, Venue, Attorney Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in Snohomish County, Washington, or the US District Court, Western District of Washington. The prevailing party in any such action shall be entitled to its reasonable attorney fees and costs of suit. 6 33