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DV-19-00001 Marian Meadows Development Agreement
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2021-11-16 10:00 AM - Commissioners' Agenda
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DV-19-00001 Marian Meadows Development Agreement
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Last modified
11/10/2021 12:40:20 PM
Creation date
11/10/2021 12:37:19 PM
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Meeting
Date
11/16/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
a
Item
Request to Approve a Resolution for the Meadows Development Agreement Resolution (DV-19-00001)
Order
1
Placement
Board Discussion and Decision
Row ID
83269
Type
Resolution
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19.2 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 party to <br />this Development Agreement or Landowner may, at its option, institute legal proceedings <br />pursuant to this Development Agreement. In addition, the county shall be entitled to enforce the <br />Code and to obtain penalties and costs as provided in the Code for violations of this <br />Development Agreement and the Code. Nothing in this Development Agreement is intended to <br />limit the parties' ability to seek and obtain legal remedies except as may be otherwise provided <br />herein. <br />Section 20. Termination. This Development Agreement shall expire and/or terminate upon the <br />expiration of the term identified in Section 12 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 the <br />lot or parcel upon which such residence or building is located, when the same has been <br />approved by the County for occupancy. <br />Section 21. Effect of Termination on Developer Obligations. Termination of this <br />Development Agreement as to the Developer of the Property or any portion thereof shall not <br />affect any of the Developers obligations to comply with the County Comprehensive Plan and the <br />terms and conditions of any applicable zoning codes(s) or subdivision map or other land use <br />entitlements approved with respect to the Property, any other conditions of any other <br />development specified in the Development Agreement to continue after the termination of this <br />Development Agreement or obligations to pay assessments, liens, fees or taxes which would <br />otherwise be applicable and due without regard to the planned development of the Property. <br />Section 22. Effect of Termination on County. Upon termination of this Development <br />Agreement as to the Developer of the 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 affected <br />by such termination (provided that vesting of such entitlements, conditions or fees may be <br />established for such property pursuant to the existing planning and zoning laws). <br />Section 23. 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 Property, <br />or any portion thereof, shall be obligated and bound by the terms and conditions of this <br />Development Agreement, and shall be the beneficiary thereof and a party hereto, but only with <br />respect to the Property, and only with respect to such portion thereof sold, assigned or transferred <br />to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties <br />and obligations of a Developer contained in this Development Agreement, as such duties and <br />obligations pertain to that portion of the Subject Property sold, assigned or transferred to it. <br />Section 24. Amendments to Development Agreement: Effect of Development Agreement on <br />Development Agreement — Page 9 of 12 <br />
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