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DEVELOPMENT AGREEMENT <br />This Development Agreement ("Agreement") is made and entered into this _il--fJJay of A-p Y~ l <br />20--1.K_ 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 />RECITALS <br />A. Chapter 36.70B RCW (the "Development Agreement Statute"), and Chapter 15A.11 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 />B. 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. l 8-18-27020-0001 ;· 0002; 0003; 0015; 0016; and 0017, and is legally described <br />on Exhibit A, attached hereto. <br />C. The Applicant submitted Kittitas County a complete application for the Palomino Fields Plat. <br />D. Kittitas County Community Development Services issued a SEP A Mitigated Determination <br />ofNon-Significance (MDNS) on September 8, 2008. <br />E. 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 />F . Kittitas County Board of County Commissioners (BOCC) passed Resolution No. 2008-160 <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 />G . Kittitas County Board of County Commissioners (BOCC) passed Resolution No. 2016-073 <br />on June ?11\ 2016, approving a Development Agreement (DA-15-00001) for the Palomino <br />Fields preliminary plat (P-07-31) to allow phasing. Said Resolution is attached hereto as <br />Exhibit C. <br />H. Kittitas County Board of County Commissioners (BOCC) passed Resolution No. 2017-081 <br />on May 2nd <br />, 2017, amending the Palomino Fields Development Agreement (DA-15-00001) <br />with regards to site soil conditions, stormwater and flood plain issues. Said Resolution is <br />attached hereto as Exhibit D. <br />I. 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 />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 />K. 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 />L. This Agreement corrects scrivener errors and provides clarifications regarding lot <br />configuration due to stormwater and floodplain and public and private road standards, <br />therefore being consistent with the County's comprehensive plan, zoning and development <br />regulations, and is consistent with existing land use approval of the subject site.