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mitigation measures related to any impacts of the Project on Easton School District. The <br />Parties will negotiate in good faith using best efforts to share and obtain relevant <br />information indicating the impacts that the Project will have on the School District. <br />C. The School District will have the opportunity to provide written comments and <br />materials to the County and oral comments at the open record public hearing on the <br />development agreement. The School District will provide a copy of written comments <br />and materials to the County and Developer in a timely fashion so as to allow review and <br />response prior to the open record hearing. <br />d. Pursuant to Conditions 1 and 30.3, mitigation measures shall be included in the <br />development agreement. <br />2. No Further Challen !e to the Ordinance. The School District will, within five (5) business <br />days of the last Party to execute this Agreement, file with the Kittitas County Superior Court the <br />"Stipulation and [Proposed] Order of Dismissal" in the form attached and incorporated as <br />Exhibit A. The School District will take no further legal action to challenge the Ordinance. <br />3. No Admission. This Agreement does not constitute, nor shall it be deemed to constitute, <br />an admission by any Party with respect to any allegation, claim, fact, or conclusion of law set <br />forth in any legal pleading in the Action. All parties reserve any and all rights to challenge any <br />future land use actions in accordance with the Land Use Petition Act, chapter 36.70C RCW, <br />including the development agreement or any conditions associated therewith. <br />4. Notices. Any notice or other communication required or permitted to be given under this <br />Agreement will be provided by certified mail to the following individuals and addresses: <br />Kittitas County: <br />Kittitas County Courthouse <br />205 W. Fifth, Room 213 <br />Ellensburg, WA 98926 <br />Attn: Neil Caulkins <br />Easton Ridge Land Company <br />and <br />Martens Enterprises: <br />Johns Monroe Mitsunaga Kolouskova <br />11201 S.E. 8th Street, Suite 120 <br />Bellevue, WA 98004 <br />Attn: Duana KolougkovA <br />With a copy to: <br />Perkins Coie LLP <br />10885 N.E. 4th St., Suite 700 <br />Bellevue, WA 98004 <br />Attn: Kristine R. Wilson <br />142285305.1 <br />-2- <br />Easton School District No, 28: <br />P.O. Box 8 <br />Easton, WA 98925 <br />Attn: Patrick Dehuff <br />