DV-24-00001 Ranch on Swauk Creek Development Agreement Amended Final (2)

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Section 20. Amendments to Development A reement: Effect of Development Agreement on Future Actions. This Development Agreement may be amended or extended by 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 36.70B.200). Furthermore, additional modification standards to amend this development agreement are described in Sections 20.1 & 20.2 & 20.3. 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 30 years, as the County may deem necessary to the extent required by a serious threat to public health and safety. 20.1 Authorized Elections and Modifications. RANCH ON SWAUK CREEK shall have the right to elect to include as part of any application for (or to modify any pending or approved) preliminary plat, revisions to approved preliminary plats prior to final plat recording, short plats, site development permits or other Implementing Approvals the following pre -approved matters (Authorized Elections): 20.1.1 Designations or changes in residential density or layout so long as the change falls within the density range approved within the Preliminary and Final PUD approvals (Ordinance 2006- 06, Resolution 2017-073), and Plat approvals (LP-06-00027) for that Development Area under Exhibit B and other relevant portions of this Agreement. 20.1.2 Designations or changes in the layout and lot sizes of all uses so long as the modification falls within the approved density unit per acre approved within the Preliminary and Final PUD approvals (Ordinance 2006-06, Resolution 2017-073), and Plat approvals (LP-06-00027) for the Development Areas on Exhibit B and other relevant portions of the Agreement. 20.1.3 Designations or changes in lot size, lot configuration and road layout resulting from changes in the density or intensity under Paragraphs 20.1.1 or 20.1.2 above. 20.1.4 Reallocation of Type of Product per Development Area so long as the maximum densities are unchanged and the Type of Product remains proposed per the Preliminary and Final PUD approvals (Ordinance 2006-06, Resolution 2017-073), and Plat approvals (LP-06-00027) for development within the Development Areas on Exhibit B and other relevant portions of the Agreement. 20.1.5 Designation or modification in alignment, location or layout of roads within RANCH ON SWAUK CREEK, set forth in Exhibit B do not change, and provided that the extent of connectivity of the roads is not materially reduced. 20.1.6 Revision (amendment) of an approved final plat, provided that such revision/amendment is consistent with the Conditions of Approval and the Master Plan. 20.1.7 Other elections or modifications requested by the applicant, which are within the approved ranges or provisions of this Agreement and the Exhibits or which the Kittitas County Community Development Services Director determines provide functional equivalence or are Development Agreement — Page 7 of 13