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H. The Hearings Examiner recommendations as adopted by the BOCC, states that <br />the Group A Water System may be developed to serve this plat in phases. <br />I. The Applicant desires and intends to develop and sell the Property in five (5) <br />consecutive phases of final plats, each final plat meeting requirements of Kittitas County <br />Code Title 16 and providing for the full development of the one hundred and twenty <br />(120) residential parcels residential as approved under Resolution 2008-160, <br />J. This Agreement establishes that the Phasing Plan, attached hereto as Exhibit E, is <br />consistent with the County's comprehensive plan, zoning and development regulations, <br />and is consistent with existing land use approval of the subject site. <br />NOW, THEREFORE, in consideration of the recitals (which are incorporated <br />into the Agreement by this reference) and for other good and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged, the County and the Applicant <br />agree as follows: <br />AGREEMENT <br />1. Effective Date and Termination. <br />1.1 Effective Date. The Effective Date of this Agreement is the last date upon <br />which it was signed by the Parties hereto. <br />1.2 Term. This Agreement shall be effective for five (5) years consistent with <br />Exhibit E "Phasing Plan"; provided, however, that the term of this Agreement may be <br />extended should the Applicant seek and justify requests for extension to the satisfaction <br />of the Director prior to the expiration of the term. Upon expiration of such period, or as <br />may be extended above, this Development Agreement shall automatically terminate. <br />Upon the County granting the Final Plat for the last phase of the Project this agreement <br />shall automatically terminate. <br />1.3 Termination. This Agreement may be terminated at any time, in writing, <br />by mutual agreement of the Parties to this Agreement. <br />2. Definitions. <br />For purposes of this Agreement, the following terms, phrases, words, and their <br />derivations shall have the meaning given herein where capitalized; words not defined <br />