DA-15-00001 Palomino Fields Amendment 2 DA_redline

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NOW, THEREFORE, in consideration of the recitals (which are incorporated into the Agreement by this reference) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Applicant agree as follows: AGREEMENT 1. Effective Date and Termination. 1.1 Effective Date. The Effective Date of this Agreement is the last date upon which it was signed by the Parties hereto. 1.2 Term. This Agreement shall be effective for five (5) years consistent with Exhibit E “Phasing Plan”; provided, however, that the term of the Agreement may be extended should the Applicant seek and justify requests for extension to the satisfaction of the Director prior to the expiration of the term. Upon expiration of such period, or as may be extended above, this Development Agreement shall automatically terminate. Upon the County granting the Final Plat for the last phase of the Project this agreement shall automatically terminate. 1.3 Termination. This Agreement may be terminated at any time, in writing, by mutual agreement of the Parties to this Agreement. 2. Definitions. For the purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning given herein where capitalized; words not defined herein shall have meaning as provided in Webster’s Dictionary. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words “shall” and “will” are mandatory and the word “may” is permissive. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumber provision. References to laws, and include laws, ordinances and regulations now in force or hereinafter enacted or amended. 2.1 Agreement. “Agreement” means this Development Agreement between Kittitas County, Washington and Cle Elum Pines East I.LC and Cle Elum Pines West LLC, as it relates to the Palomino Fields plat in Resolution No. 2008-160 approved by the Board of County Commissioners. 2.2 Applicant. “Applicant” means Cle Elum Pines East LLC and Cle Elum Pines West LLC, a Washington Corporation, or any of its transferees, successors or assigns. 2.3 County. “County” means Kittitas County, Washington. 2.4 Director. “Director” means the Director of the Community Development Services (CDS) of Kittitas County or the person providing the function of the Director of CDS. 2.5 Effective Date. “Effective Date” means set forth in Section 1.1 of this Agreement. 2.6 Open Space. “Open Space” means any land that is retained in a natural condition, or this is improved for outdoor recreational uses outside of residential node areas (including, but not limited to, associated infrastructure such as transmission lines, pumping facilities, and community septic facilities). 2.7 Parties. “Parties” means Kittitas County, Washington and Applicant, Cle Elum Pines East LLC and Cle Elum Pines West LLC, a limited liability company (ies). 2.8 Project. “Project” means the Palomino Fields Preliminary Plat as approved by the County through Resolution No. 2008-160, being a one hundred and twenty (120) unit residential community on the Property, including but not limited to: (i) single family units and (ii) open space areas. 2.9 Property. “Property” means the site legally described in Exhibit A, attached hereto.