DV-19-00001 Marian Meadows Development Agreement Master File

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Development Agreement – Page 5 of 12 requirements of Ordinance 2018-006, this Development Agreement provides for project mitigation, conditioning and timelines. Mitigation as required by Ordinance 2018-66 regarding impacts to Easton School District which is set forth in the attached Exhibits B. Mitigation as required by Ordinance 2018-66 regarding impacts to Kittitas County Fire District #3 is set forth in Exhibit C. The Community Standards and Guidelines are contained in Exhibit D. The Project Phasing and Timeline are set forth in Exhibit E. Additional conditions as anticipated by Ordinance 2018-006 are set forth in Exhibit F. All Exhibits attached hereto are incorporated herein as if set forth in full. Section 5. Parties to Development Agreement. The parties to this Development Agreement are: 5.1 The "County" is Kittitas County. 5.2 The "Developer" is a private enterprise which will own the Subject Property in fee, and whose address is Easton Ridge Land Company, Inc. P O Box 687 Roslyn, WA 98941 5.3 The "Landowner." From time to time, as provided in this Development Agreement, the Developer may sell or otherwise lawfully dispose of all or a portion of the Subject Property to a third-party entity which, unless otherwise released, shall be subject to the applicable provisions of this Development Agreement related to all or such portion of Property as may be conveyed. Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the County has no propriety or other interest therein except as authorized in the exercise of its government functions. Section 7. Term of Agreement. This Development Agreement shall commence on the effective date of the Resolution adopting this Development Agreement, and shall continue in force for a period of Twenty (20) years unless extended or terminated as provided for herein. Following expiration or earlier termination as provided herein, this Development Agreement shall have no further force and effect, subject however, to post termination obligations of the Developer or Landowner. Section 8. Vested Rights of Developer. During the term of this Development Agreement, the Developer is assured, and the County agrees, that the development and use rights, obligations, terms and conditions specified in the Project are fully vested and may not be changed or modified except as may be expressly permitted by, and in accordance with, the terms and conditions of this Development Agreement, or as expressly consented thereto by the Developer. Section 9. Extension of Preliminary PUDIPlat Approval. The parties acknowledge that the