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AGREEMENT <br />NOW, THEREFORE, forthe mutual benefits and obligations <br />and for other good and valiiable consideration, the receipt of which <br />acknowledged, Developer and the District agree as tollows: <br />1. Mitigation Payment <br />contained herein, <br />is hereby <br />Developer agrees to tully mitigate the impacts caused by the proposed development <br />of the Project by-the payment of $846.72 to the District. The payment of $846.72 is <br />based upon the approximate number of unhoused students expected to be enrolled <br />from 6 single family condominium family dweiling units. Any adju:.tment in the number <br />oi dwelling units shall result in a corresponding pro rata adjustmeni or refund in the <br />mitigation payment. Said payment shall constitute a full and complete mitigation for the <br />direct impacts to the District of the Project. <br />2. Time Payment Due <br />Developer shall pay the sum identified herein prior to, and as a condition of, <br />issuance of a building permit for the project by the City of Everett. This agreement shall <br />be binding on the successors, heirs, and assigns of the parties hereto. <br />3. Covenant Not to Sue <br />Developer hereby covenants and und�rtakes that it forever refrains and desists from <br />instituting, asserting, fiiing or bringing any lawsuit, litigation, claim, challenge or <br />proceeding to challenge this Agreement, claim any repayment or reimbursement of <br />funds, pertormance or improvements provided for herein, or any of its terms and <br />conditions, on any ground or basis whatsoever. <br />DATED: / I�-�l I � � <br />� <br />Developer: <br />Doryan C�2i <br />`� <br />� <br />n & Dey,elopment, Inc. <br />nt <br />EVERETi' SCH����-RtCT NO. 2 <br />By <br />ItS Board resident <br />By Q�! � � <br />ItS Board Secretary <br />