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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
Metadata
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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 8 of 12 <br /> <br />affected by such termination (provided that vesting of such entitlements, conditions or fees <br />may be established for such property pursuant to the existing planning and zoning laws). <br /> <br />Section 18. Assignment and Assumption. The Developer shall have the right to sell, assign <br />or transfer this Development Agreement with all their rights, title and interests therein to any <br />person, firm or corporation at any time during the term of this Development Agreement. <br />Developer shall provide the County with written notice of any intent to sell, assign, or transfer <br />all or a portion of the Subject Properly sold prior to final plat acceptance, at least 30 days in <br />advance of such action. All rights and obligations of this Agreement shall transfer automatically <br />upon conveyance to any third party. In the event of complete conveyance of the entire Subject <br />Property, Developer, and any subsequent successor or assign, shall be automatically released <br />from any obligations under this Development Agreement. <br /> <br />Section 19. Covenants Running with the Land. The conditions and covenants set forth in this <br />Development Agreement and incorporated herein by the Exhibits shall run with the land. The <br />Developer, Landowner and every purchaser, assignee or transferee of an interest in the <br />Subject Property, or any portion thereof, shall be obligated and bound by the terms and <br />conditions of this Development Agreement, and shall be the beneficiary thereof and a party <br />hereto, but only with respect to the Subject Property, and only with respect to such portion <br />thereof sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall <br />observe and fully perform all of the duties and obligations of a Developer contained in this <br />Development Agreement, as such duties and obligations pertain to that portion of the Subject <br />Property sold, assigned or transferred to it. <br /> <br />Section 20. Amendments to Development Agreement: Effect of Development Agreement <br />on Future Actions. This Development Agreement may be amended or extended by of the <br />Board of County Commissioners, provided that any such amendment shall follow the process <br />established by law for the adoption of a development agreement (see RCW 36.708.200). <br />However, nothing in this Development Agreement shall prevent the County from making any <br />amendment to its Comprehensive Plan, Zoning code, Official Zoning Map or development <br />regulations affecting the Subject Property during the next 20 years, as the County may deem <br />necessary to the extent required by a serious threat to the public health and safety. <br /> <br /> <br /> <br />Section 21. Notices. Any notice, demand, or correspondence under this Agreement shall be <br />deemed sufficient if three days after being deposited into pre- paid first-class U.S. mail to the <br />addresses of the parties as designated in Section 5. Notice to the County shall be to the <br />attention of the Administrator and the Chairman of the Board. Notices to subsequent <br />Landowners shall be required to be given by the County only for those Landowners who have <br />given the County written notice of their address for such notice. The parties hereto may, <br />from time to time, advise the other of new addresses for such notices, demands or <br />correspondence. <br /> <br />Section 22. Reimbursement for Development Agreement Expenses of the County. <br />Developer agrees to reimburse the County for actual expenses incurred over and above fees
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