HomeMy WebLinkAboutResolution BOCC 3BOARD OF COUNTYCOMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2021-________
Resolution AUTHORIZING THE TRANSFER OF THE SUNCADIA PROPERTY AND DEVELOPMENT AGREEMENT AND ITS ENTITLEMENTS, OBLIGATIONS, COVENANTS, AND CONDITIONSA.WHEREAS, The County and New Suncadia
LLC’s (“New Suncadia”) predecessors in interest previously entered into that certain Development Agreement dated October 10, 2000, which was amended on December 2, 2008, together with
MPR Approvals and Subsequent Actions and all other underlying documents defined, attached or referenced therein (collectively the “Development Agreement”).B.WHEREAS, This matter came
before the Board of County Commissioners in a public meeting on July __, 2021, after due notice and pursuant to the request of New Suncadia that Kittitas County consent to the transfer
of New Suncadia’s property, entitlements, obligations, covenants, and conditions under the Development Agreement to Suncadia Resort, LLC (“Suncadia Resort”), a Deleware Limited Liability
Company registered to do business in the State of Washington, directly owned by Real Capital Solutions C.WHEREAS, the Board of County Commissioners makes the following Findings of Fact
related to a requested transfer of the Development Agreement and the entitlements, obligations, covenants, and conditions contained within the Development Agreement by New Suncadia to
Suncadia Resort:
Under Section 9 of the Development Agreement, New Suncadiahas the right to assign or transfer all or any portion of the property subject to the Development Agreement and the entitlements,
obligations, covenants, and conditions under the Development Agreement, including the MPR Approvals and Subsequent Actions as defined therein, to third parties; and
New Suncadia’s ability to transfer its property, entitlements, obligations, covenants and conditions under the Development Agreement is not effective unless and until the County has
consented, in writing, to such transfer and the County’s consent to such transfer shall not be unreasonably withheld, conditioned or delayed under the Development Agreement; and
The sale of property and transfer of all entitlements from New Suncadia to Suncadia Resort is anticipated to close on or about July __, 2021 (the “Transfer”); and
Subject to but upon the closing of the Transfer, New Suncadia is seeking to be released from its entitlements, obligations, covenants and conditions under the Development Agreement to
the County; and
Having consulted with Affected Jurisdictions listed in the Development Agreement, only the City of Cle Elum has come forth and stated that they support the transfer as long as it does
not affect or modify the Development Agreement it has with Suncadia; and
Though Suncadia Resort is familiar with the Development Agreement’s terms, conditions, and obligations, and fully intends to responsibly execute the responsibilities set forth therein,
Kittitas County has identified a series of chronic compliance deficiencies (list attached hereto and incorporated herein by this reference as Exhibit “A”) involved with the resort that,
given that the managing entity is to remain the same, Suncadia Resort will need to, and indeed agrees to, exert additional influence and resources to bring into compliance with the Development
Agreement; and
Based upon the information presented, Suncadia Resort has the requisite experience and financial capability to assume and perform the obligations created by the Development Agreement
thereby justifying the release of New Suncadia; and
New Suncadia and Suncadia Resort have executed that certain Agreement Ratifying and Confirming Development Agreement By and Between Kittitas County, Washington, New Suncadia, LLC and
Suncadia Resort, LLC (the “Agreement”) which contains the above understandings.NOW, THEREFORE, be it resolved by the Board of County Commissioners, after due deliberation, that Kittitas
County does, pursuant to Paragraph 9 of the Amended and Restated Development Agreement:1.Consent to the transfer, as conditioned herein, of New Suncadia LLC’s property, entitlements,
obligations, covenants, and conditions under the Development Agreement, including, but not limited to the MPR Approvals and the Subsequent Actions, as those terms are defined in the
Development Agreement, to Suncadia Resort, LLC; and 2. Approve and authorize Board Chair’s signature on the Agreement; and
IN WITNESS WHEREOF, this Agreement has been entered into as of this _____ day of July, 2021.KITTITAS COUNTYBOARD OF COMMISSIONERS:
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By:Brett Wachsmith, Chairman
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By:Laura Osiadacz, Vice-Chairman
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By:Cory Wright, Commissioner
Approved As To Form:
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By: Greg Zempel
Prosecuting Attorney