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Lindsay Ozbolt <br />October 30, 2019 <br />Page 6 <br />the District, the County and ERLC were so far apart that no consensus was reached. It <br />was ultimately agreed that the best approach was to proceed toward the Development <br />Agreement with an opportunity for all parties to provide documentation to the BOCC. <br />The lawsuit was dismissed early in December 2018. <br />Unfortunately, there is no reason to believe that ERLC and the District are any closer to <br />meeting minds now than when the lawsuit began. The District's July 22, 2019 comments <br />to Community Development Services "protests" the $500 mitigation fee in the <br />Application, but the District does not offer another mitigation, let alone legal rationale or <br />analysis in support. The District does not explain why their "calculations" differ so much <br />from the enrollment projections of OPSI. The District does not explain why this <br />developer should pay for the District's choice to not seek mitigation from prior <br />developments. The District does not explain why, with a current enrollment of 112 and a <br />projected addition of 53 students from Marian Meadows, that ERLC should pay the cost <br />of constructing a new elementary school when their current facility is fit for 225 students. <br />Finally, the District provides no support for its claim that the imposition of a $500 <br />mitigation fee without the District's input would somehow violate the Ordinance and the <br />Settlement Agreement. The District simply again objects without providing any <br />substantive input. There is simply no evidence to support any concern that Marian <br />Meadows would compromise the District's ability to provide for its students. To the <br />contrary, ERLC's offer of mitigation is entirely reasonable, consistent with mitigation <br />reached by the immediately adjacent school district for residential development, and <br />within the bounds of the law. <br />cerely, <br />Duana T. Kolougkova <br />Direct Tel: (425) 467-9966 <br />Email: kCllOuskoya a immlaw.com <br />531-001 Response to DislrietComment 10-15-19.docx <br />TOHNS•MONROL -MITSLTAAGA•KOLOUSKOVA - PLLC <br />