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DV-19-00001 Marian Meadows Development Agreement Master File
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2020-10-06 2:00 PM - 2:00pm Public Hearing
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DV-19-00001 Marian Meadows Development Agreement Master File
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Last modified
10/1/2020 1:55:20 PM
Creation date
10/1/2020 1:41:42 PM
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Meeting
Date
10/6/2020
Meeting title
2:00pm Public Hearing
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
a
Item
Public Hearing to Consider the Marian Meadows Development Agreement (DV-19-00001)
Order
1
Placement
2:00pm Public Hearing
Row ID
67284
Type
Hold Public Hearing
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Development Agreement – Page 7 of 12 <br /> <br /> <br />Section 14. Default. <br /> <br /> 14.1 Subject to extensions of time by mutual consent in writing, failure or delay by <br />either party or Landowner not released from this Development Agreement to perform any <br />material term or provision of this Development Agreement shall constitute a default. In the <br />event of alleged default or breach of any terms or conditions of this Development Agreement, <br />the party alleging such default or breach shall give the other party or Landowner not less than <br />thirty (30) days' notice in writing, specifying the nature of the alleged default and manner in <br />which said default may be cured. During this thirty (30) day period, the party or Landowner <br />charged shall not be considered in default for purposes of termination or institution of legal <br />proceedings. <br /> <br /> 14.2 After notice and expiration of the thirty (30) day period, if such default has not <br />been cured or is not being diligently cured in the manner set forth in the notice, the other <br />party to this Development Agreement or Landowner may, at its option, institute legal <br />proceedings pursuant to this Development Agreement. In addition, the county shall be entitled <br />to enforce the Code and to obtain penalties and costs as provided in the Code for violations <br />of this Development Agreement and the Code. Nothing in this Development Agreement is <br />intended to limit the parties' ability to seek and obtain legal remedies except as may be <br />otherwise provided herein. <br /> <br />Section 15. Termination. This Development Agreement shall expire and/or terminate upon the <br />expiration of the term identified in Section 7 or when the Subject Property has been fully <br />developed, which ever first occurs, and all of the Developer’s obligations in connection <br />therewith are satisfied as determined by the County. Upon termination of this Development <br />Agreement, the County shall record a notice of such termination reciting that the Development <br />Agreement has been terminated. This Development Agreement shall automatically terminate <br />and be of no further force and effect as to any dwelling unit or non-residential building and <br />the lot or parcel upon which such residence or building is located, when the same has <br />been approved by the County for occupancy. <br /> <br />Section 16. Effect of Termination on Developer Obligations. Termination of this <br />Development Agreement as to the Developer of the subject Property or any portion thereof <br />shall not affect any of the Developer's obligations to comply with the County Comprehensive <br />Plan and the terms and conditions of any applicable zoning codes(s) or subdivision map or <br />other land use entitlements approved with respect to the Subject Property, any other conditions <br />of any other development specified in the Development Agreement to continue after the <br />termination of this Development Agreement or obligations to pay assessments, liens, fees or <br />taxes which would otherwise be applicable and due without regard to the planned <br />development of the Subject Property. <br /> <br />Section 17. Effect of Termination on County. Upon termination of this Development <br />Agreement as to the Developer of the Subject Property, or any portion thereof, the entitlements, <br />conditions of development, limitation on fees and all other terms and conditions of this <br />Development Agreement shall no longer be vested hereby with respect to the property
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