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J WHEREAS, Yakima County irrevocably intends to open and operate the New <br />Jail Facility for the term of the Agreement; and <br />K. WHEREAS, Yakima County opened 2 of the 4 pods of the New Jail Facility, also <br />known as the Justice Center, on February 27, 2007, and is doing all things necessary and <br />appropriate to fully open and operate the Justice Center by December 31, 2007, and <br />L. WHEREAS, the Settling Cities recognize that full opening and safe operation of <br />the New Jail Facility mvolve unpredictable factors that are beyond Yakima County's <br />control mcludmg availability of good candidates to be hired to serve as corrections <br />officers and support staff as well as retirement, resignation, and /or termination of <br />existing corrections officers and staff; and <br />M. WHEREAS, under the Section 4 of the Agreement, the Minimum Bed <br />Commitment of the Settling Cities is reduced by the ADP attributable to any city that <br />terminates the Agreement; and <br />N WHEREAS, Yakima does not seek to require Settling Cities to pay any amounts <br />that, under the Agreement, are the responsibility of any terminating city, and <br />O WHEREAS, Yakima County and the Settling Cities wish to resolve their <br />differences and continue to be parties to the Agreement with the following <br />commitments, and <br />P WHEREAS, this Settlement Agreement is intended to clarify but not to change <br />terms of the Agreement, <br />NOW, THEREFORE, m consideration of the mutual benefits to be derived, Yakima and <br />the Settling Cities agree as follows. <br />AGREEMENT <br />1. Opening and Operation of New Jail Facility <br />A. Yakima County irrevocably mtends to open and operate the New Jail Facility for <br />the term of the Agreement. Therefore, Yakima County shall do everything reasonably <br />within its control to open the 3rd and 4th pods of the New Jail Facility on or before <br />December 31, 2007, and to fully operate the New Jail Facility for the term of the <br />Agreement. <br />B Circumstances reasonably beyond the control of Yakima County that prevent <br />safe opening and /or operation of the New Jail Facility shall excuse Yakima County <br />from opening all 4 pods of the New Jail Facility on or before December 31, 2007, and /or <br />from subsequently operating the New Jail Facility for the term of the Agreement. Such <br />circumstances include, without limitation, availability of good candidates to be hired as <br />corrections officers and support staff as well as retirement, resignation, and /or <br />termination of existing corrections officers and staff. Provided however, <br />"circumstances" shall not include decisions, acts or omissions arising or resulting in <br />whole or in part from budgetary or financial considerations or circumstances, or <br />termination by any King County city of its Inmate Housing Agreement with Yakima <br />County <br />2 <br />