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Home My WebLink AboutResolution 13-008-CC� 1311838 02/01/2013 10:f�7 AM RESOL Page 1 of 12 R 83.00 Grant Co, WA PLRNNING DEPARTMENT IIII I�I III�IIIII�I IIII II I III I IIIII I IIII II II �0�4,RD OF COUNTY CQMMISSION�RS GRANT COUNTY, WASHINGTON R�SOLUTION NO. ��`��-`"�' Development Agreement �y and �etwe�n Grant County and GRR Land Co. LLC, for the Crescent Ridge R�nch Development T 15 D�VELO MENT AGREEMENT is made and entered into this �� day o 2012, b�tween Grant County (hereinafter "Grant County" or " unty") �nd CRR Land Co. LLC, or assigns, a limited liability company organized under the laws of the State of Washington, herein�fter the "Developer". RECITALS 1. RCW 35.708.170 authorizes the execution of a development agreement betwEen a local govErnment and a p�rson having ownership or control of real property within its jurisdiction. 2. RCW 36.70B.170 requires a development agreement to set forfih the development standards and other provisions that shall appty to, govern and vest fihe development, use and mitigation of the development af real property for fihe duration specified in the agreement. 3. For th� purposes of this Development Agreem�nt, "development standards° includes, but is not limited to all of the standards listed in RCW 36.7QB.17b (3). 4. This �evelopment Agreement by and between Grant County and fihe Developer (hereinafter the "Development Agreement"), relates to the development known as the Crescent Ridge Ranch PUD / Plat Grant County Planning File No. 06-44fi6. f'age 1 af 11 5. The following events have occurred in the processing of the Dev�loper's application: 5.1 e Master Plan Resort Comprehensive Plan Amendment Approved 2003 • Master Plan Resort Amendment Approued 2006, Res. 2006-218-CC • Planned Unit Development Approved 2006 + Preliminary Plat Approved 2006 • Record of Survey & BLA Approved & Recorded July 2008 • Final Plat Submitted for Pre-Review 2008 � Grading Plan / Earth Work and Roadway Improvements Approved 2008 • Electrical Distributi�n Plans / Grant County PUD Approved 10.1. 20Q8 • Minor PUD / Preliminary Plat / Phasing Plan Revisions Approved 2008 • Water System f'lan Amendment Approved by DOH 8.31.2009 •�ire Protection Plan Approved Grant County Fire Marshal & DOH 8.31,2009 • On-Site Sewage Disposal Plan Approved by Gr�nt County Healfih District 2008 • PUD/Plat Ext�nsion Approved 2011 5.2 After a public hearing as required by RCW 36.70B.200 by Resolution No. >�3 d �S��C� the Grant County Board of County Commissioners appraved fihis Dsvelopment Agreement with the Developer. AGREEMENT The parties agree as follows: General Provisions Section 1. i'he Proie�ct. The project is the development and use of the Property, consisting of approximately 107 acr�s in Grant County. The PUD / Plat desCribes the project as a Pr�liminary PUD and Plat for a Master Planrted Resort to be developed in Ph�ses with private roads, community water system and on-site sewage disposal. The development is an Equestrian Themed Master Planned Resort including: recreafiional residences and townhouses; rental office (and other possible tenants and uses for the building in which the rent�l office will be located); hors� stables, �questrian renfial and training facilities, outdoor riding area, riding trails and large fertced pasture; two (2) swimming pool and hot tub 1311838 02/01/2013 10:07 AM RESOL Page 2 of 12 R 83.00 Grant Co, WA PLRNNTNG DEPRRTMENT �� I � �� I � � �� 1 � � � �� I � � �� Page 2 of 11 areas; and, indoor / outdoor boat and RV Storage including garage units. Section 2. The Subject Property, The Project site is legally described in Exhibit A attached hereto and incorporated herein by this reference. Section 3, Definitions. As used in this Development Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Secfiion. 3.1. "Administrator" means the County's Community Development Department Director. 3.2. "Adopting Resolution" means the Resolution whiCh approves this Development Agreement, as required by RCW 3�.70B. 20. 3.3. "Board" mear�s the duly elected legislative body gaverning Grant County. 3.4 "Certificat� of occupancy" means eiiher a certificate issued after inspections by the County �uthorizing a person(s) in possession of property ta dwell or otherwise use a specified building or dwelling unit, or the final inspection if a formal certificate is not issued. 3,5 "Code" means the Grant Caunty Code, as it may be amended from time to time. 3.6 "Design Standards" means the Grant Caunty Design Standards, as �dopted by the County. 3.7 "Effective Date" means the effective date of the Adopting Resolution. 3,� "Existing Land Use Regulations" means the ordinances adopted by the County Commissioners in efFect on the Effective Date, including the adopting ordinances that gavern the permitted uses of land, the densifiy and intensity of use, and the design, improvement, construction standards and specifications �pplicable to the development of the Subject Property, including, but not limited ta the Comprehensive Plan, Grant Caunty's officiat Zoning map and development standards, the Public Works Standards, SEPA, and all other ordinances, codes, rul�s and regulations of the County 1311838 02/01/2013 10:07 AM RESOL Page 3 of 12 R 83.00 Grant Ca, WA pLANNING DEPARTMENT �II �� I ��I �� I �� I �� I� Page 3 of 11 establishing Subdivision standards and building standards. Existing Land Use Regulations does not include non-land use regulations, which includes taxes and impact fees. 3.9 "Landowrter" is the party who has acquired any portion of the Subject Property from the DevEloper who, unless otherwise released as provided in this Development Agreement, shall be subjecfi to the applicable provision of this Development Agreement. The "Developer" is identified in Section 5 of this Development Agreement. 4,0 "Projecfi" means the anticipated developmenfi of the Subject Property, as specified in Section 1 and as provided for in all associated permits/approval, and all incorporated exhibits. Section �4. Exhibits. Exhibits to fihis Development Agreement are as follows: 4.1 Exhibit A— Legal Description af Subject Property APN: 150637008 Sectian 5. Parties to Development Agreement. The parfiies to this Development Agreement are: 5.1 The "County" is Grant County. 5.2 The "Developer" is a private enterprise which will own the Subject Property in fee, and whose address is CRR Land Co. LLC, 2001 Sixth Ave. Ste. �400 Seattle WA 98121 and Ross Clemen�haw, Managing Member, 8997 Crescent Bar Rd. NW Unit 214, Quincy, WA 98848-8901. 5.3 The "Landowner." From time to time, as provided in this Development Agreement, the Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless otherwise released, shall be subject to the applicable provisions of this Development Agresment related to such porfiion of Subject Properfiy. Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the County has no interest therein except as authorized in the exercise of its government functions. 1311�38 02/01/2013 10:07 AM RESOL Page 4 of 12 R 83.00 Grant Co, WA PLRNNING DEPARTMENT �� I�I �� I �� Page 4 of 11 Sect,ion 7. Term af Agreement. This Development Agreement shall commence on the effective dafie of fihe Adopting Resolution approving this Develppment Agreement, and shall continue in force for period of seven (7J vears unless extended or terminated as provided herein, �ollowing the expiration of fihe term (including any extensian thereof), or earlier termination �s provided herein, this Development Agreement shall have no force and effect, subject however, ta post- termination obligations of the Developer or L�ndowner. Section 8. Vested Rights of Developer. During the term of this Qevelopment Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Subject Prop�rty cansistent with fihe Project described h�rein, Developer is assured, and the County agrees, that the development rights, obligatians, terms and conditions specified in this Development Agreement, are fully vested in the Develope� and may not be changed or modified by the County, except as may be expressly permitted by, and in �ccordar►ce with, the terms �nd conditions of this Develapment Agreement, including the Exhibits hereto, or as expressly consented thereto by the Developer. Sec#ion 9. Permifited Uses and Development Standards. The permitted uses, the density and intensity of use, fihe maximum height and size of proposed buildings, provisions for reservation and dedication of land ar payment of fees in lieu of dedication for public purposes, the construction, installation �nd extension of public improvements, development guidelines �nd standards for development of the Subject Property shall be those set forth in this Development Agreement, the permits and approvals identified herein, and all exhibits incorporatEd herein (including but not limited to those identified in Section 5.1), all as may be amsnded by application of Developer and approval by the County. �ection 10. Modifications. Modifications from the approved permits or the exhibits attached hereto may be made by Developer and/or approved by the County in accordanc� with the provisions of the Code, and shall not require an amendment to this DevElopment Agreement. Section 11. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the exercise ofi further discretionary powers by the County, which powers are to be Exercised reasonably and without undue delay or conditions. Section 12. Existing Land Use Fees. Land use fees adopted by the County by ardinance as of the Effective Date of this Dev�lopment Agreement may be increased by the County from time to time, artd the same may be applicable to permits and approvals for the Subject 1311838 02/01/2013 10:07 AM RESOL Page 5 of 12 R 83.00 Grant Ca, WA PLANNiNG DEPARTMENT �� Page 5 of 11 Property, provided such fiees must be otherwise lawful, must be equally applicable and must be applied equally to similar applicafiions and projects within the County. Section 13. �xtension of Preliminary PUD / Plat Approval. The parties acknowledge that the most efficient and economic development of the Subject 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 ultimafie purchaser of the Subject Property to have the rate of development defiermined by the Devetoper. The parties agree that the Preliminary PUD / Pl�t approvals for the development will be extended for an additional seven (7) years from the Effecfiive Date and may be extended upon request by the Developer and mutual agreement of the parties far an additional period of time as may be requested by the Developer and approved by the County pravided that any such amendment ar extension shall follow the process establishEd by I�w for the adoption of a development agreement (see RCW 36.�0B.200). Sectian 14. Default. 14.1 Subject to extensions of fiime by mutu�l consent in writing, failure or delay by eith�r party or Landowner not released from this Development Agreement to perForm any mafierial term or provision of this Developm�nt Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Development Agreement, the party allsging such default or breach shall give the other party ar Landowner not less than thirty (30) days' notice in writing, specifying the natur� of the alleged default and manner in which said default may be cured. During this thirky (3q) day period, the party or Landowner charged shall not be considered in default �or purposes of fermination r�r institution af legal proceedings. 14.2 After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forfih in the notice, the other party to this Development Agreement or Landowner may, at its option, institute legal proceedings pursuanfi to this Develapment Agreement. In addition, the County shall be entitled to enforce the Code and to obtain penalti�s and costs as provided in the Code for violations of this Development Agreement and the Code. Nothing in this Development Agreement is intended to limit fihe parfies' ability to seek and obtain legal remedies except as may b� oth�rwise provided herein. 1311838 02/01/2013 10:07 AM RESOL Page 6 cf 12 R 83.00 Gran4. Co, WA PLHNNING DEPARTMENT �� I�� I� Page 6 of 1�i Section 15. T�rminatic�n. This Development Agreement shall expire and/or terminate as provided below: 15.1 This Development Agreement shall terminate upon the expiration of the term identified in Section 13 or when the Subject Property has been fully developed, which ever first occurs, and all of the Developer's obligatiorrs in connection therewith are safiisfied as determined by the County. Upon termination of this Development Agreement, the County shall record a notice of such terminafiion reciting that the Development Agreement has been terminated. This Development Agreement shall automatically terminate and be of no further force and effect as to any dwelling unit or non- residential building and the lot or parcel upon which such residence or building is located, when fihe same has been approved by the County for accupancy. Section 16. Effect of Termination on Developer Obligations. Terminatiort af this pevelopmenfi Agreement as to the Develaper of the subject I�roperty or any portion thereof shall not affect any of the Developer's obligations to comply with the County Comprehensive Plan and the terms and conditions of any applicable zorting codes(s) or subdivision map or other lar�d us� entitlements approved with respect to the Subject Property, any bther conditions of any other development specified in the Development Agreement to continue �fter the termination of this Developmer�t Agreement or obligation5 to pay assessments, liens, fees or taxes which would otherwise be applicable and due without regard to the planned development of the SubjEct Praperty. SeCtion 17. Effect of Termination on County. Upon termination of this Development Agreement as to the Developer of the Subject Proper�y, or any portion thereof, the entitlements, conditions of development, limitation on fees and all other terms and conditions of this Development Agreement shall no longer be vested hereby with respect to th� property affected by such termination (provided that vesting of such en�itlements, conditions or fees may be established for such property pursuant to then existing planning and zoning laws). Section 18. Assignment �nd Assumption. The Developer shall have the right to sell, assign or transfer fihis Development Agreement wifih all their rights, title and interests therein to any person, firm or corporation at any time during the term of this Development Agreement. Developer shall provide the County with written notice of any intent to sell, assign, 1311838 02/01/2013 10:07 AM RESOL Page 7 af 12 R 83.00 Grant Co, WA PLRNNING DEPARTML`NT ��I � � �� I� � �� I�� I �� I� � ��I �� Page 7 of 11 or transfer all or a portion of the Subject Properly, at least 30 days in advance of such action. Section 19. Covenants Running with the Land. The conditions and covenants set fiorth in this Development Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of fihe parties. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Development Agreement, and shall be the beneficiary thereof �nd a party thereto, but only with respect to the Subj�ct Property, and only with respect fio such portion thereof sold, assigned or tr2nsfierred fio it. Any such purchaser, assignee or transferee shall observe and fully perForm all af the duties and obligations of a Developer contained in this Developm�nt Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. Section 2p. Amendments to Development Agreement: Effect of Development Agreement on Future Actions. 1`his Development Agreement may be amended or extended by mutual consent of all of the parti�s, provided that any such amendment shall follow the pracess established by law for th� adoption of a development agreement (see RCW 36.70B.200), However, nothing in fihis Development Agreement shall prevent the County from making any amendmenfi to its Comprehensive Plan, Zoning code, Official Zoning Map or development regulations affecting the Subject Property during the next 7 years, as the County may deem necessary to the extent required by a serious threat to the public health and safety. No#hing in this �evelopment Agreement shall pr�vent the County from making any �mendments of any type to the Comprehensive Plan, �oning code, Official Zoning Map or developmenfi regulations relating to the Subject Property after seven (7) year� from the anniversary dat� of the Eff�ctiv� D�t� of thi� Development Agreement or as may be addressed in any amendments or extensions of this Development Agreement. Section 21. Releases. Developer, and any subsequent Landawner, may free itself from further obligatians relating to the sold, assigned, or transferred property, provided that the buyer, assignee ar transferee expressly assumes the obligations under this Development Agreement as provided herein. Section 22. Natices. Notices, demands, and cprrespondence to the County and Developer shall be sufficiently given if dispatched by pre- paid first-class mail to the addresses of the parties as designated in Section 5. Notice to the County shall be to the attention of the 1311$38 02/01/2013 10;07 AM RESOL Page 8 af 12 R 83,00 Grant Co, WA PLF�NNYNG DEPARTMENT �� ) �� I �� I ��I �I �� I � �� Page 8 of 11 Administrator and the Chairman of the Board. Notices ta subsequent Landowners shall be required to be given by the County anly for those Landowners who have given the County written notice ofi their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 23. Reimburs�ment for Development Agreement Expenses of the County. Developer agrees to reimburse the County for actual expenses incurred over and above fees paid by the Developer as an applicant incurred by the County directly relating to this Development Agreement, including recording fees, publishing fees and reasonable sfiaff and consultant costs not otherwise included within application fees, This Development Agreement shall not take effect until the fees provided for in this section, as well as any processing fees owed by to the County for the Project are paid to the County. Upon payment of all outWof-pocket expenses, the Developer may request written acknowledgement of all fees. All fees shall be paid, at the latest, within thirty (�Q) days from the Gounty presentation of a written statement of charges to the developer, upon payment of which Developer shall owe no furth�r amounts to County with respect to or relating to this Development Agreement. Section 24; Applicable Law and Attorneys' F'ees. This Developmerrt Agreement shall be construed and enforced in accordance with th� laws of the State of Washington. If litigafiion is initiat�d to enforce the terms of tMis Development Agr�ement, the prevailing party shall be entitled to recover its reasonable attorn�y's fees and costs from the non-prevailing party. Venue for any action shall lie in Grant County Superior Court or the U.S. District Court for Eastern Washingfion. Section 25. Specific Performance, The parties specifically agres that damages are not an adequate remedy for breach of this Developmen# Agreement, and that the parkies are entitled to compel specific perFormance of all mat�rial terms of this Development Agreem�nt by any party in default hereof. Section 26. Severabiliiy. If any term, provision, covenant or condition of this Agreement should be held by a court of compet�nt jurisdiction to be invalid, void or unenfarceable, the remainder of �his Development Agreement shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. Section 27. Canstruction. In the event of a dispute between the parties as to fihe meaning of terms, phrases or specifi� provisions of fihis Development Agreem�nt, the authorship of this bevelopment Agreement 1311838 02/01/2013 10:07 AM RESOL Page 9 af 12 R 83.00 Grant Co, WA PLANNING DEPARTMENT I� � � �� I�� I�� I �I�� Page 9 of 11 shall not be cause for thi5 Development Agreement to be construed against �ny party nor in favor af any party. IN WHITNESS WER�OFF, the parties hereto have caused this Deuelopm�nt Agreement to be executed as of the dates set farth below: OWNER / DEVELOPER: CRR Land Co. LLC Ross Clemenshaw, Title: �I�n State of Washington County of Grant I certify that I know or have satisfactory evidence that Ross Clemenshaw signed fihis instrument, on oath that he was authorized to execute the instrument and acknowledged it as the Managing Member of CCR land Co. LLC, or assigns, to be free and voluntary act of such party for and purposes mentioned in this instrument. D�ted: �,`�p C�2�l�L �' , 2012. r��y �u�l�a s�a��, �� v��sn�,�$�� q�,�v�� MY CO�APAI��IOIV EXPIWE� Jun� � �, 2015 Notary Public for Washin ton State My commission expir�s u� 17 2a1S,. 13?1838 02/01/2013 10:07 AM RESOL Page 10 of 12 R 83.00 Grant Co, WA PLANNING DEPARTMENT IIII I II I II III II I II I III II I II I I III II I III I� II Page 10 of 11 GRANT COUNTY BOARD 4F COUNTY COMMISSIONERS: Passed by the Board of County Commissioners in regular session at Ephrata, Washington, by the following vote, then signed by its mer�nbership d attested to by its Clerk in aufihorization of such pas�ages this `�t � day of , 201 3 . Dated this %��` day of Q1,��,. Yea Nay � ❑ ❑ ❑ � ❑ Abstain BOARD OF COUNTY COMMISSIONERS, GRANT COUNTY, WA .INGTON � ; / ❑ Cindy C er, Chair E' �lk-��'22� ❑ I Carolann Swartz, Vice-Chair ❑ -Richard Stevens, Membar 1311838 02/01/2013 10:07 AM RESQL Page 11 af 12 R 83,00 Grant Co, WA PLANNING DEPARTMENT IIII I II II I III �I I II I III II I II I I II� III I III II II Page 11 of 11 � ' ' c • + P EXI�IT �iA" LEGAL DES CR:IP'�'ION THAT POI�TiON OF THC E�ST �IALF OlF SECTION 1�, °TOWNSH�" 20 NORTH, TtANGE 23 EA.ST, W.M., C�RA.NT COUNTY, WASHINGTON, ArTD THAT PORTIOI�I OF TRA(�"I' "C" A.CGO�DING TO SUNSERRA AT CRESCENT BAR PHA5E THREE-FIN,f�L F.U.D. MAF �CO�,UED L1NLIER AUDIT(�R'S �ILE NC.7MBER 1185869, TN BOOK 2� OF PLATS AT PAGES 26 THR.QUGH 36, R�CC?RDS OF GRANT COUNTY, WASHINGTON IlV THE V�rEST HALF O� S�C'TION 18, TOWNSHJP 20 NORTH, RANGE 23 EAST, �IV.M., GRANT CtJUNTY, Wt4SHINGTON, ��IrTG D�SCRIB�D AS FQLi.OWS; BTGiNNING AT A BitASS CAP MONLTM�N'T IN CASE MARI�TNG THE SOUTH QUA.RT�R CORNER OF SAID SECTION 18, S?►� 1'OII�T �EARS SOUTH 81°30'48"WEST, 3147.42 �EET, FROM A U.S.B.R. BRASS CAP MC?NUNIENT MARK,�NG THE CORNER COMMON TQ SECTTQNS 17 AND 20; THENCE NORTH 01°30'43"EAST, 2827.89 F�E'T, TO A FIVE-EIGH'THS 11�1CH REBAR WXTH A SURVEYOR'5 CAP MARKED "LS 12�91", AND T1HE TRiJE P0�1T QF ]�EGIlyNING; THEN'CE SOUTH 84°53'OS"WEST, �6.27 FE1�T, TO A H�1.LF �N�H REBAR WIT�T STJRVEY'UR'S CA�' STAMFED "LS �588"; TI�IV�CE NOR.TH 02°30'23"EAST, 682.9A� FEET, TC7 THE SOLTT�-iEAST CORNER QF SAI� TRACT "C", SAIl� 1'OINT BEING MARKED Wl'"I']FT A FNE-EICHTHS INCH REBAR Wii'HH SUiti�'E'YOR'S CAP STAMFEA "LS 21651 °; THENCE NORTH (79° 11'52"'VVEST, 501,1� F]EET, TO A FNE-EIGHTHS Il*�CI� REBAR WITH SURV�YOR'S CAP STAMFED "LS 22964"; THENCE SOLTTH 8�°27'03"EAST, 1Q1.�5 FEET, TO AN INTERSECTIOIV W�'1'H THE EAST BOUNDARY OF S1�ID TRACT °C", SAID PO1N'I' B�ING MARK�D BY A 5/8 INCI3 REBAR WTFH SURVE�;'OR'S CAP STAMPED "LS 21651", TI�IVCE NC}RTH �8°S6'13°EAST, 544.86 F�ET; THENCE NOFt'T�-T 05°38'26"EAST, 12UA0 F'EET; T�NC� NUR`Tki 72°�9'3$"EAST, 189.06 FEET; TH�NCE SOUTH 35°1�'49"EAST, 340.17 �EET; THENCE SQUTH 35° 18'49"]EAS�', 2823.4Q FEET; T�iEIVCE SOUTH 22°26'14"''W�EST, 1716.94 FEET; TH�NCE SOUTH �9°48'00"W�ST, FOLLOVV]NG THE SOUTH BOU1�11�ARY OF THE SfJLJTI-i�AST QUARTE�t OF SAID SECTiON, 434.95 �ET; THEIVCE NORTH 00°S4'20"WEST, FOLLOWING TI� EI��T $OUNDARY OF SAID SECTIOI�T, 991.10 �EET; THENCE NOIZTH 00°52'02"WEST, 306,55 FEET; THENCE NORTI� 43°46'35"WEST, 2110.77 I�ET, TO TH� 'TRUE 1'OIN'T OF $�GA�`NING. CONTAINIlrIG 109.30 ACRES MORE OR LESS SLJ�J�CT'TO AL,L EASLMEN'T5, RESTRIC'iION5 l�ND RESERVAmIO1VS OF 1�EC(7RI� 1311838 02/01/2013 10:07 AM RESOL Page 12 of 12 R 83.00 Grant Co, WA PLRNNING DEPRRTMENt �III III �1 IIII II IIIIII�IIII IIIIII I IIIIIII I�I II II