Proposed Marian Meadows Development Agreement

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authorized in the exercise of its government functions. Section 13. Development Period. This Development Agreement shall commence on the effective date of the Adopting Ordinance by the Board of County Commissioners respecting 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. Section 14. 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. This includes the following Kittitas County Codes as vested in 2017: Title 14—Buildings and Construction, Title 16—Subdivisions, Title 17—Zoning, Title 15A—Project Permit Application Process. Section 15. Extension of Preliminary PUD/CUP/Plat Approval. The parties acknowledge that the most efficient and economic development of the Property depends upon numerous factors, such as market orientation and demand, interest rates, competition and similar factors, and that generally it will be most economically beneficial to the ultimate purchaser of the Property to have the rate of development determined by the Developer. The parties agree that the Preliminary PUD, Conditional Use (CUP) and Plat approvals for the development will be in full force and effect for the full term of this Development Agreement as set forth in Section 9, above. The Preliminary PUD/Plat/CUP may be further extended upon request by the Developer and mutual agreement of the parties for an additional period of time as may be requested by the Developer and approved by the County provided that any such amendment or extension shall follow the process established by law for the adoption of a Development Agreement (see RCW 36.7013.200). Section 16. Permitted Uses and Development Standards. As community infrastructure and urban levels of services are put into place, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of land or payment of fees in lieu of dedication for public purposes, the construction, installation and extension of public improvements, development guidelines and standards for development of the Property shall be those set forth in the Project, the permits and approvals identified therein, and all exhibits incorporated therein may be amended by application of Developer and approval by the County. As the Development is put in place, By-laws and Codes, Covenants and Restrictions will be formulated addressing the implementation of Boards for the overall community, as for the residential uses (single family and townhomes owners) and storage complex (storage owners). Section 17. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Development Agreement — Page 7 of 12