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12. WHEREAS Tukwila is extremely concerned that the noise generated from the proposed <br />Project could exceed the limits established by ordinance but, nevertheless, in order to settle these <br />disputes, Tukwila has agreed to drop their appeal of the ERC Document and the FEIS based on the terms <br />and conditions hereof and Tukwila agrees not to oppose other governmental approvals, that are <br />consistent with this agreement and the ERC Document, required for the construction of the Project such as <br />the shoreline permits special fill and grade permits and building permits for the Project, as further set forth <br />in this Agreement. <br />NOW THEREFORE, IN CONSIDERATION of mutual promises and agreements contained herein <br />the legal sufficiency of which is hereby acknowledge by the Parties on behalf of themselves, their officers, <br />directors and Tukwila and Renton hereby agree as follows with the intent that each is legally bound <br />II ENVIRONMENTAL MITIGATION CONDITIONS <br />A. Mitiaation Conditions Controlling. <br />1 The Mitiaation Conditions contained herein are for the Purpose of clarifvina and <br />addina to the conditions in the Mitiaation Document and are considered Final In the case of a conflict <br />between the Mitiaation Measures contained within the Mitiaation Document and the Mitiaation Conditions <br />contained herein. such as the hours of operation. the Mitigation Conditions shall prevail Renton agrees <br />that the environmental mitigation conditions listed in Section II of this Agreement will clarify and in the case <br />of conflicts will supersede the ERC Document and taken together the documents will constitute the <br />environmental mitigation measures for the Project. Renton and Tukwila agree that the these mitigation <br />measures will fully mitigate all environmental impacts from the Project as it is currently proposed and that <br />no further mitigation is necessary or appropriate with regard to the subject matter of this Agreement <br />notwithstanding future mitigation as set forth in Section II.A.2.a below The City Departments agree to <br />recommend imposition of these Mitigation Measures and Conditions or to impose them. Renton also <br />agrees to impose no further mitigation conditions with respect to the subject matters addressed in the <br />Mitigation Measures and Mitigation Conditions, on all approvals required for the construction and operation <br />of the Project, except as provided in Section II.A.2 below <br />2. Relationship of Mitiaation Conditions to Reauired Permits and Approvals. <br />a. Other Permits and Approvals Reauired The Parties recognize that in addition to <br />the environmental approval embodied by the ERC Document and the Mitigation Conditions, Rabanco is <br />required to obtain other permits and approvals, such as a shoreline permit and construction permits. In <br />that regard this Agreement acknowledges that more specific mitigation may be required by these permits <br />