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DEVELOPMENT AGREEMENT <br />This Development Agreement ("Agreement") is made and entered into this __ day of ____ . <br />20 __ by the Cle Elum Pines East LLC and Cle Elum Pines West LLC, Washington Limited Liability <br />Companies, hereafter referred to as "Applicant"; and Kittitas County, hereafter referred to as the <br />"County". This Agreement is made pursuant to the Revised Code of Washington ("RCW") 36. 70B.170 <br />and Chapter 15A.11 Kittitas County Code. <br />A. <br />B. <br />C. <br />D. <br />E. <br />RECITALS <br />Chapter 36.70B RCW (the "Development Agreement Statute"), and Chapter 15A. l 1 Kittitas <br />County Code ("Code") authorize the County to enter into an agreement between the County <br />and all parties having an ownership interest in or control of property described in Exhibit A. <br />The Applicant owns property located in a Portion of the W 1/2 of Section 27, T18N, R18E, <br />W.M. accessed off ofReecer Creek Road (the "Property"). The Property is comprised of Tax <br />Parcel Nos. 18-18-27020-0001; 0002; 0003; 0015; 0016; and 0017, and is legally described <br />on Exhibit A, attached hereto. <br />The Applicant submitted Kittitas County a complete application for the Palomino Fields Plat. <br />Kittitas County Community Development Services issued a SEP A Mitigated Determination <br />of Non-Significance (MDNS) on September 8, 2008. <br />An open Public Hearing was held before the Kittitas County Hearing Examiner on October 9, <br />2008 and on October 21, 2008 recommended approval for the Palomino Fields preliminary <br />plat. <br />-=-1 · ___ . __ K ittitas County Board of County Commissioners (BOCC) passed Resolution No. 2008-160 <br />,. <br />1-1 . <br />on November 18, 2008, adopting the Hearing Examiner's recommendations for approval of <br />the Palomino Fields preliminary plat (P-07-31 ). Said Resolution is attached hereto as Exhibit <br />B. <br />F.,L_This Agreement recognizes the conditions to be met in Resolution No. 2008-160 and requires <br />the completion of those conditions to finalize every division within each phase of the <br />approved plat. <br />G..,_J. __ The Hearings Examiner recommendation as adopted by the BOCC, states that the Group A <br />Water System may be developed to serve this plat in phases. <br />t1--;-L_The Applicant desires and intends to develop and sell the Property in five (5) consecutive <br />phases that include individual divisions (plats) within each phase, where each final plat will <br />meet the requirements of Kittitas County Code Title 16 and providing for the full <br />development of the one hundred and twenty (120) residential parcels as approved under <br />Resolution No. 2008-160. <br />h_L_. _This Agreement e-st-ft&Hshes-corrects scrivener l!ITOrs an d pro •idc.-. cleriflcations rego rding lo l <br />(;O nligtmition <lue to t rmwa1er and 11 odplain .and pub l ic and priva le road 1nndards 1 <br />therefore bvi ng tflfll lhe Phnsing Pion , atlAO Aed herelo as exhibit E is consistent with the <br />County's comprehensive plan, zoning and development regulations, and is consistent with <br />existing land use approval of the subject site.