DV-19-00001 Marian Meadows Development Agreement Master File

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FJCEIVIE JvN 19 2019 Kittitas County CDS SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is made this 30th day of November, 2018, by and between Kittitas County, a Washington municipal corporation (the "County"), Easton School District No. 28, a Washington municipal corporation (the "School District"), Easton Ridge Land Company, a Washington corporation, and Martens Enterprises, LLC, a Washington limited liability company. All of the foregoing entities are sometimes referred to individually hereinafter as a "Patty" and collectively referred to hereinafter as the "Parties." ERLC and Martens are collectively referred to the "Developer." RECITALS A. The Developer intends to develop approximately 445 acres of rural land within the School District boundaries and plat 89 lots (the "Project"), and to that end, filed an application with Kittitas County for a planned unit development (PD -17-00001), a conditional use permit (CU -17-00001), and a long plat (LP -17-0001) (collectively the "Application"); B. On May 1, 2018, the Kittitas Board of County Commissioners passed Ordinance 2018- 006 (the "Ordinance"), approving the Application with conditions; C. The Ordinance included a condition that the Developer must enter into a development agreement with the County that would include a requirement for the Developer to provide proportionate mitigation for impacts of the Project on the School District, requiring that the impacts be mitigated to the satisfaction of the County (Conditions 1 and 30.3); D. The School District filed a petition under the Land Use Petition Act in Kittitas County Superior Court, Cause No. 18-2-00177-6 (the "Action"), claiming error and seeking additional assurances regarding its role in determining the proportionate share of mitigation that the Developer would provide to mitigate the impacts to the School District; and E. The Parties wish to resolve the Action by entering this Agreement. Now therefore, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows. AGREEMENT 1. Devel9pment.Agreement Process. The Parties agree to the following process related to the negotiation of the development agreement related to satisfying Conditions i and 30.3 of the Ordinance: a. Within fourteen (14) days of the County's determination that the Developer's development agreement application is complete, the County will provide the School District with notice of the development agreement application (the "Notice"). The Notice will be provided by certified mail to the addresses listed in Section 5. b. After the Notice but not within fourteen (14) days of the open record public hearing, the Parties will engage in negotiations to determine acceptable, proportionate 142285305.1