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DA-15-00001 Palomino Fields Edited PFDAgrement_FNL 5-27-16_mark-up
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2016-06-07 2:00 PM - 2:00pm Public Hearing
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DA-15-00001 Palomino Fields Edited PFDAgrement_FNL 5-27-16_mark-up
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Last modified
4/10/2018 9:15:09 AM
Creation date
4/7/2018 10:59:44 AM
Metadata
Fields
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Meeting
Date
6/7/2016
Meeting title
2:00pm Public Hearing
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
b
Item
Public Hearing Continued from May 17, 2016 to Consider a Proposal to Create a Development Agreement to Allow the Approved Palomino Fields Subdivision to be Completed in Phases. The Record is Closed.
Order
2
Placement
2:00pm Public Hearing
Row ID
29903
Type
Resolution
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for construction or real estate office purposes prior to, or in commencement with, the <br />initial stages of the development. Said facility (ies) shall be required to be operated and <br />licensed as a real estate office under the laws of the state State of Washington as a Real <br />Estate Branch office and be licensed as same, or by Kittitas County Codes as applicable. <br />Upon completion of the final plat of the final phase, or upon selling of the last lot, the <br />model home, real estate sale facility, or construction offices will be decommissioned or <br />transferred over as a one of the 120 single-family residences. <br />16. Miscellaneous and General Provisions. <br />16.1. Governing Law. This Agreement shall be governed by the laws of the <br />State of Washington and the Kittitas County Codes as vested by the Palomino Fields <br />application. Each party represents represented it has the respective power and authority <br />and is duly authorized to sign and perform its obligations under this Agreement. The <br />parties intend this Agreement to be interpreted to the full extent authorized by law as an <br />exercise of the County’s authority to enter into development agreements. Neither this <br />Agreement nor any provision hereof may be waived, modified, amended or terminated <br />except by a written agreement of the parties hereto. <br />16.2. Successors. This Agreement and the rights set forth herein run with the <br />land and shall be binding upon and inure to the benefit of the County and the successor <br />successive owners and assignees of the Development Sitedevelopment. <br />16.3. Enforcement. Any party to this Agreement may enforce the terms of this <br />Agreement. No party shall be in default under this Agreement unless it has failed to <br />perform for a period of twenty-one (21) days after written notice of default from the <br />other party. (In some instances theThe performance period may be extended to allow a <br />reasonable time period to cure the default.) Any notice of default shall specify the <br />nature of the alleged default and the manner in which the default may be cured <br />satisfactorily. All parties to this agreement shall have all rights and remedies provided <br />by law. <br />16.4. Notices. All notices or other communications under this Agreement shall <br />be delivered to the addresses after each signature. Notices shall be in writing and either; <br />(i) delivered personally, (ii) sent by facsimile transmission with an additional copy <br />mailed first class, (iii) deposited in the U.S. Mail with certified mail postage prepaid and
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