Proposed Marian Meadows Development Agreement

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otherwise be applicable and due without regard to the planned development of the Property. Section 22. Effect of Termination on County. Upon termination of this Development Agreement as to the Developer of the Property, or any portion thereof, the entitlements, conditions of development, limitation on fees and all other terms and conditions of this Development Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may be established for such property pursuant to the existing planning and zoning laws). Section 23. Covenants Running with the Land. The conditions and covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall run with the land. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Development Agreement, and shall be the beneficiary thereof and a parry hereto, but only with respect to the Property, and only with respect to such portion thereof sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Development Agreement, as such duties and obligations pertain to that portion of the Subject Property sold, assigned or transferred to it. Section 24. Amendments to Development A,_,reement: Effect of Development Agreement on Future Actions. This Development Agreement may be amended or extended by of the Board of County Commissioners, provided that any such amendment shall follow the process established by law for the adoption of a development agreement (see RCW 36.708.200). However, nothing in this Development Agreement shall prevent the County from making any amendment to its Comprehensive Plan, Zoning code, Official Zoning Map or development regulations affecting the Property during the next 20 years, as the County may deem necessary to the extent required by a serious threat to the public health and safety. Section 25. Notices. Any notice, demand, or correspondence under this Agreement shall be deemed sufficient if deposited at least three days prior to the notice date by pre -paid first-class U.S. mail to the addresses of the parties as designated in Section 10. Notice to the County shall be to the attention of the Director of Community Development Services and the Chairman of the Board of County Commissioners. Notices to subsequent Landowners shall be required to be given by the County only for those Landowners who have given the County written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 26. _Reimbursement for Development Agreement Expenses of the County. Developer agrees to reimburse the County for actual expenses incurred over and above fees paid by the Developer as an applicant incurred by the County directly relating to this Development Agreement, including recording fees, publishing fees and reasonable staff and consultant costs not otherwise included within application fees. This Development Agreement shall not take effect until the fees provided for in this section, as well as any processing fees owed by to the County for the Project are paid to the County. Upon payment of all out-of-pocket expenses, the Developer may request written acknowledgement of all fees. All fees shall be paid, at the latest, within ninety (90) days from the County presentation of a written statement of charges to the Development Agreement — Page 9 of 12