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Development Agreement – Page 6 of 12 <br /> <br />most efficient and economic development of the Subject Property depends upon numerous <br />factors, such as market orientation and demand, interest rates, competition and similar <br />factors, and that generally it will be most economically beneficial to the ultimate purchaser of <br />the Property to have the rate of development determined by the Developer. The parties agree <br />that the Preliminary PUD, Conditional Use (CUP) and Plat approvals for the development will <br />be in full force and effect for the full term of this Development Agreement as set <br />forth in Section 7, above. The Preliminary PUD/Plat/CUP may be further <br />extended upon request by the Developer and mutual agreement of the parties for an <br />additional period of time as may be requested by the Developer and approved by the County <br />provided that any such amendment or extension shall follow the process established by law for <br />the adoption of a Development Agreement (see RCW 36.70B.200). <br /> <br /> <br />Section 10. Permitted Uses and Development Standards. As community <br />infrastructure and urban levels of services are put into place, the <br />permitted uses, the density and intensity of use, the maximum height and size of proposed <br />buildings, provisions for reservation and dedication of land or payment of fees in lieu of <br />dedication for public purposes, the construction, installation and extension of public <br />improvements, development guidelines and standards for development of the Subject Property <br />shall be those set forth in the Project, the permits and approvals identified therein, and all <br />exhibits incorporated therein may be amended by application of Developer and approval by the <br />County. <br /> <br />As the Development is put in place, By-laws and Codes, Covenants and Restrictions will be <br />formulated addressing the implementation of Boards for the overall community as will as for the <br />residential uses (single family and townhomes owners) and storage complex (storage owners). <br /> <br />Section 11. Modifications. Modifications from the approved permits or the exhibits attached <br />hereto may be made by Developer and/or approved by the County in accordance with the <br />provisions of the Code, and shall not require an amendment to this Development Agreement. <br /> <br />Future applications for land use designations and zoning changes for density and additions of <br />land within the Marian Meadows plat will be administered under regulatory provisions in place <br />at the time of the new applications and will include reviews and or changes to this document as <br />deemed necessary. <br /> <br />Section 12. Further Discretionary Actions. Developer acknowledges that the Existing Land <br />Use Regulations contemplate the exercise of further discretionary powers by the County, which <br />powers are to be exercised reasonably and without undue delay or conditions. <br /> <br />Section 13. Existing Land Use Fees. Land use fees adopted by the County by ordinance as of <br />the Effective Date of this Development Agreement may be increased by the County from time <br />to time, and the same may be applicable to permits and approvals for the Subject <br />Property, provided such fees must be otherwise lawful, must be equally applicable and m ust <br />be applied equally to similar applications and projects within the County. <br />