Ellensburg ILA County (12-10-21)

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UGA Interlocal Agreement (12-09-21) – Page 10 of 14 16.3. Additional agreements. Additional agreements are anticipated by this Agreement. Nothing in this agreement limits parties entering into interlocal agreements on additional issues not covered by, or in lieu of, the terms of this Agreement, or to provide additional details for implementing this Agreement. 17. THIRD PARTY BENEFICIARIES. There are no third party beneficiaries to this Agreement, and this Agreement shall not be interpreted to create such rights. 18. DISPUTE RESOLUTION. Any and all legal remedies available to the City and County shall remain available and shall not be abrogated by the terms of this Agreement. In addition to those legal remedies, the City and County mutually agree that in the event of a dispute over the terms of this Agreement each entity will appoint one member of its legislative body and, at its option, one staff member, to a committee to discuss and attempt to resolve the issue(s) in good faith and as expeditiously as possible recognizing the review deadlines imposed by local and state law for issuance of project permits. In the event the members of the legislative bodies cannot resolve the issue(s), the parties mutually agree to select a neutral mediator and use mediation for a minimum of 90 days if agreement cannot be reached on any provision of this agreement. After the 90-day period, any party may elect to utilize any and all legal remedies available to the parties. The parties agree to share equally the costs of the mediation process and be responsible for the costs of their own legal representation. 19. RELATIONSHIP TO EXISTING LAWS AND STATUTES. This Agreement in no way modifies or supersedes existing state laws and statutes. In meeting the commitments encompassed in this Agreement, all parties will comply with the requirements of the Open Meetings Act, Public Records Act, Growth Management Act, State Environmental Policy Act, Annexation Statutes, and other applicable state or local laws. The County and City retain the ultimate authority for land use and development decisions within their respective jurisdictions as provided herein. By executing this Agreement, the County and City do not purport to abrogate the decision-making responsibility vested in them by law. 20. EFFECTIVE DATE, DURATION AND TERMINATION. 20.1. This Agreement shall become effective following the approval of the Agreement by the official action of the governing bodies of each of the parties hereto and the signing of the Agreement by the duly authorized representative of each of the parties hereto. This Agreement shall remain in effect from the effective date until it is terminated as provided in Section 20.2. 20.2. Either party may terminate its obligations under this Agreement upon 90 days advance written notice to the other party and subject to the following condition: following a termination, the County and City are mutually responsible for fulfilling any outstanding obligations under this Agreement incurred prior to the effective date of the amendment or termination. However, nothing is this section will require continued