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�GREEMFNT <br />NOW, THEREFORE, for the mutual benefits and obligaticns contained herein, <br />�nd lor other good and v2tuable consideration, the receipt of which is hereby <br />ackn��wledged, Developer �nd the District 2gree as follows: <br />1. Developer agrees to tully mitig2te the impacis caused by the prcpcsed <br />devel��pment of the Project by the p2yment of 529,449.00 to the District. The payment <br />of S2£i,448.00 is based upon the approximate number of unhoused studenls expec;ed to <br />be enrolled irom 113 single family dwelling units. Any adjustment in the number of <br />dwelling units shall result in a corresponding pro rata adjustment or refund in the <br />mitigation payment. Said payment shall constitute a full and complete m;tigation for the <br />direct impads to the District o1 the Project. <br />2. ��eveloper shall pay the proportionate share ol the sum identitied herein lor each <br />phase ��1 the project prior to and as a condition o1 issuance ol building permits for each <br />phase. <br />3. Developer hereby covenants and undertakes that it forever reirains and desists <br />from Instituting, asseAing, filing or bringing any �2wsuit, litigation, claim, ch��fenge or <br />proceeding to challenge this Agreement, claim any repayment or reimbursement oi <br />tunds, perlormance or improvements provided for herein, or any ol its terms and <br />conditions, on any ground or basis whatsoever. <br />