DA-15-00001 Palomino Fields PFDAgreement FNL with A-E

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12. A Build -out or Vesting Period for Applicable Development Standards. The Applicant may construct one or more Phase(s) of the project per building season. The Project is anticipated to be completed within 5 years. 13. Process for Amending the Development Agreement. This agreement may be amended by mutual consent of all of the parties to this agreement and will follow Kittitas County Code. 14. Any Other Appropriate Development Requirement(s) or Procedure. Any developer may further improve the property within Palomino Fields characteristic to residential development and which meets Kittitas County Code and conditions for Palomino Fields noted in Resolution 2008-160. 15. Model Home. The Applicant, or a designate of the Applicant, may construct a model home, real estate sales facility, or a temporary construction office to be operating for construction or real estate office purposes prior to, or in commencement with, the initial stages of the development. Said facility(ies) shall be required to be operated and licensed as a real estate office under the laws of the State of Washington or by Kittitas County Code as applicable. Upon completion of the final plat of the final phase, or upon selling of the last lot, the model home, real estate sale facility, or construction offices will be decommissioned or transferred over as a one of the 120 single-family residences. 16. Miscellaneous and General Provisions. 16.1. Governing Law. This Agreement shall be governed by the laws of the State of Washington and the Kittitas County Codes as vested by the Palomino Fields application. Each party represented is duly authorized to sign and perform its obligations under this Agreement. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the County's authority to enter into development agreements. Neither this Agreement nor any provision hereof may be waived, modified, amended or terminated except by a written agreement of the parties hereto. 16.2. Successors. This Agreement and the rights set forth herein run with the land and shall be binding upon the successive owners and assignees of the development. 16.3. Enforcement. Any party to this Agreement may enforce the terms of this Agreement. No party shall be in default under this Agreement unless it has failed to