Ranch On Swauk BOCC Packet 9-17-24

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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 11. Extension of Preliminary PUD/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, 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 8, above. The Preliminary PUD/Plat 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 36.70B.200). Section 12. 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. Section 13. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the exercise of further discretionary powers by the County, which powers are to be exercised reasonably and without undue delay or conditions. Section 14. Existing Land Use Fees. Land use fees adopted by the County by ordinance as of the Effective Date of this Development Agreement may be increased by the County from time to time, and the same may be applicable to permits and approvals for the Property, provided such fees must be otherwise lawful, must be equally applicable and must be applied equally to similar applications and projects within the County. Section 15. Default. 15.1 Subject to extensions of time by mutual consent in writing, failure or delay by either party or Landowner not released from this Development Agreement to perform any material term or provision of this Development Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Development Agreement, the party alleging such default or breach shall give the other party or Landowner not less than thirty (30) days' notice in writing, specifying the nature of the alleged default and manner in which said default may be cured. During this thirty (30) day period, the party or Landowner charged shall not be considered in default for purposes of termination or institution of legal proceedings. Development Agreement — Page 5 of 12