Res-2018-065 Palomino Fields Amendment

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12 . A Build-Out or Vesting Period for Applicable Development Standards. The Applicant may construct one or more divisions within Phase(s) of the project per building season. The Project is anticipated to be completed within 5 years. 13. Process for Amending the Development Agreement. This Agreement may be amended by mutual consent of all of the parties to this Agreement and will follow Kittitas County Code. 14. Any Other Appropriate Development Requirement(s) or Procedure. Any developer may further improve the property within Palomino Fields characteristic to residential development which meets Kittitas County Code and conditions for Palomino fields noted in Resolution No. 2008- 160. 15. Model Home. The Applicant, or a designate of the Applicant, may construct a model home, real estate sales facility, or a temporary construction office to be operating for construction or real estate office purposes prior to, or in commencement with, the initial stages of the development. Said facility (ies) shall be required to be operated and licensed as a real estate office under the laws of the State of Washington or by Kittitas County Code as applicable. Upon completion of the final plat of the final phase, or upon selling of the last lot, the model home, real estate sale facility, or construction offices will be decommissioned or transferred over as one of the one hundred and twenty (120) single family residences.16. 16. Miscellaneous and General Provisions. 16.1 Governing Law. This Agreement shall be governed by the laws of the State of Washington and the Kittitas County Code as vested by the Palomino Fields application. Each party represented is duly authorized to sign and perform its obligations under this Agreement. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the County's authority to enter into development agreements. Neither this Agreement nor any provision hereof may be waived, modified, amended or terminated except by a written agreement of the parties hereto. 16.2 Successors. This Agreement and the rights set forth herein run with the land and shall be binding upon the successive owners and assignees of the development. 16.3 Enforcement. Any party to this Agreement may enforce the terms of this Agreement. No party shall be in default under this Agreement unless it has failed to perform for a period of twenty-one (21) days after written notice of default from the other party. The performance period may be extended to allow a reasonable time period to cure the default. Any notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. All parties to this agreement shall have all rights and remedies provided by law. 16.4 Notices. All notices or other communications under this Agreement shall be delivered to the addresses after each signature. Notices shall be in writing and either; (i) delivered personally; (ii) sent by facsimile transmission with an additional copy mailed first class; (iii) deposited in the U.S. Mail with certified mail postage prepaid and return receipt requested; or (iv) delivered by nationally recognized overnight delivery service with signature required. Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered seventy-two (72) hours after deposit. If sent by overnight delivery, notice shall be deemed delivered forty-eight ( 48) hours after deposit. 16.5 Counterparts and Recording. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Pursuant to RCW 36. 70B.190, this Agreement or memorandum thereof shall be recorded with the Kittitas County Auditor and during the