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R2025-021
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2025
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02. February
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2025-02-04 2:00 PM - 2:00pm Public Hearing
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R2025-021
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Last modified
3/3/2025 3:05:47 PM
Creation date
3/3/2025 3:05:38 PM
Metadata
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Template:
Meeting
Date
2/4/2025
Meeting title
2:00pm Public Hearing
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Public Hearing to Re-consider the Ranch at Swauk Creek Development Agreement (DA-24-00001) As Amended to Correct Scrivener's errors Regarding Parcel Numbers and Statutes as Recommended by the Kittitas County Prosecuting Attorney
Order
2
Placement
2:00pm Public Hearing
Row ID
126977
Type
Resolution
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in default for purposes of termination or institution of legal proceedings <br />15.2 After notice and expiration of the thirty (30) day period, if such default has not been <br />cured or is not being diligently cured in the manner set forth in the notice, the other party to this <br />Development Agreement or Landowner may, at its option, institute legal proceedings pursuant to <br />this Development Agreement. In addition, the county shall be entitled to enforce the Code and to <br />obtain penalties and costs as provided in the Code for violations of this Development Agreement <br />and the Code. Nothing in this Development Agreement is intended to limit the parties' ability to <br />seek and obtain legal remedies except as may be otherwise provided herein. <br />Section L6. Termination. This Development Agreement shall expire andlor terminate upon the <br />expiration of the term identified in Section 9 or when the Subject Property has been fully <br />developed, which everfirst occurs, and ali of the Developer's obligations in connection therewith <br />are satisfied as determined by the County. Upon termination of this Development Agreement, the <br />County shall record a notice of such termination reciting that the Development Agreement has <br />been terminated. This Development Agreement shall automatically terminate and be of no further <br />force and effect as to any dwelling unit or non-residential building and the lot or parcel upon which <br />such residence or building is located, when the same has been approved by the County for <br />occupancy. <br />Section 17. Effect of Termination on Developer Obligations. Termination of this Development <br />Agreement as to the Developer of the Property or any portion thereof shall not affect any of the <br />Developers obligations to comply with the County Comprehensive Plan and the terms and <br />conditions of any applicable zoning codes(s) or subdivision map or other land use entitlements <br />approved with respect to the Property, any other conditions of any other development specified in <br />the Development Agreement to continue after the termination of this Development Agreement or <br />obligations to pay assessments, liens, fees or taxes which would otherwise be applicable and due <br />without regard to the planned development of the Property. <br />Section 18. Effect of Termination on Countv. Upon termination of this Development Agreement <br />as to the Developer of the Property, or any portion thereof, the entitlements, conditions of <br />development, limitation on fees and all other terms and conditions of this Development Agreement <br />shall no longer be vested hereby with respect to the property affected by such termination <br />(provided that vesting of such entitlements, conditions or fees may be established for such property <br />pursuant to the existing planning and zoning laws). <br />Section 19. Covenants Runnins 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 />Development Agreement - Page 6 of 13
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