DA-15-00001 Palomino Fields PFDAgreement FNL with A-E

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perform for a period of twenty-one (21) days after written notice of default from the other party. The perfonnance period may be extended to allow a reasonable time period to cure the default. Any notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. All parties to this agreement shall have all rights and remedies provided by law. 16.4. Notices. All notices or other communications under this Agreement shall be delivered to the addresses after each signature. Notices shall be in writing and either; (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, (iii) deposited in the U.S. Mail with certified mail postage prepaid and return receipt requested, or (iv) delivered by nationally recognized overnight delivery service with signature required. Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered seventy-two (72) hours after deposit. If sent by overnight delivery, notice shall be deemed delivered forty-eight (48) hours after deposit. 16.5. Counterparts and Recording. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Pursuant to RCW 36.7013.190, this Agreement or memorandum thereof shall be recorded with the Kittitas County Auditor and during the term of this Agreement shall be binding on the parties, their successors and assigns. IN WITNESS THEREOF, this Agreement is effective on the date of the last signature below. KITTITAS COUNTY By Name: County Commissioner Dated: Approved as to form: By Name County Prosecuting Attorney Dated: CLE ELUM PINES EAST LLC & CLE ELUM PINES WEST LLC By Its: