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This includes the following Kittitas County Codes as vested in 2077: Title 14-Buildings and <br />Construction, Title 16-Subdivisions, Title l7loning, Title l5A-Project Permit Application <br />Process. <br />Section 11. Extension of Preliminarv PUD/Plat Approval. The parties acknowledge that the <br />most efficient and economic development of the Property depends upon numerous factors, such <br />as market orientation and demand, interest rates, competition and similar factors, and that <br />generally it will be most economically beneficial to the ultimate purchaser of the Property to have <br />the rate of development determined by the Developer. The parties agree that the Preliminary and <br />Final PUD approvals (Ordinance 2006-06, Resolution 2017-073), and Plat approvals (LP-06- <br />00027) for the development will be in full force and effect for the full term of this Development <br />Agreement as set forth in Section 8, above. The Preliminary PUD lPlal may be further extended <br />upon request by the Developer and mutual agreement of the parties for an additional period of <br />time as may be requested by the Developer and approved by the County provided that any such <br />amendment or extension shall follow the process established by law for the adoption of a <br />Development Agreement (see RCW 36.708.200). <br />Section 12. Permitted Uses Develonment Standards.As community infrastructure and <br />urban levels of services are put into place, the permitted uses, the density and intensity of use, the <br />maximum height and size of proposed buildings, provisions for reservation and dedication of land <br />or payment of fees in lieu of dedication for public purposes, the construction, installation and <br />extension of public improvements, development guidelines and standards for development of the <br />Property shall be those set forth in the Project, the permits and approvals identified therein, and all <br />exhibits incorporated therein may be amended by application of Developer and approval by the <br />County. <br />Section 13. Further Discretionarv Actions. Developer acknowledges that the Existing Land Use <br />Regulations contemplate the exercise of further discretionary powers by the County, which powers <br />are to be exercised reasonably and without undue delay or conditions. <br />Section L4. Existins Land Use Fees. Land use fees adopted by the County by ordinance as of the <br />Effective Date of this Development Agreement may be increased by the County from time to time, <br />and the same may be applicable to permits and approvals for the Property, provided such fees must <br />be otherwise lawful, must be equally applicable and must be applied equally to similar applications <br />and projects within the County. <br />Section 15. Default. <br />15.1 Subject to extensions of time by mutual consent in writing, failure or delay by either <br />party or Landowner not released from this Development Agreement to perform any material term <br />or provision of this Development Agreement shall constitute a default. In the event of alleged <br />default or breach of any terms or conditions of this Development Agreement, the party alleging <br />such default or breach shall give the other party or Landowner not less than thirty (30) days' notice <br />in writing, speciffing the nature of the alleged default and manner in which said default may be <br />cured. During this thirty (30) day period, the party or Landowner charged shall not be considered <br />Development Agreement - Page 5 of 13