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HomeMy WebLinkAboutResolution 23-053-CCFa g8�791of IOE/ZBR�5309:24 Gr�! Co, AG W COLW78IR BLUFFS LLC 111111111111111111111111111111111111111111111111111 IN IN IN it IN IN 111111111 IN1RBIN When Recorded, Return to: JOHNS MONROE MITSUNAGA KoLougKOVA PLL1C Attention° Vicki E. Orrico 11201 SE 8'h St., Suite 120 Bellevue, WA 98004 Document Title(s): ISECOND AMENDMENT(To LEVEL P ENT AGREEMENT Grantor(s): GRANT COUNTY, WASHINGTO�� Grantee(s): COLUMBIA BLUFFS, LLC Legal Description: (abbreviated) 1/4 of the NE E '/z of the '4, NW 'f4 of the '/4 all an Sec. 18, R23E, T 18N Additional legal descriptions: Assessor's Property. Tax Parcel Nu e • 5 000, 150433001, 150433002, 1 33003 Reference Number of Docu e a\16iii ed or released: n � Page 1 of 1 nen Recorded, Return to. - JOHNS MONROE MITSUNAGA KOLOUSvKOVA" PLLC Attention: Vicki E. Orrico 11201 SE 8th St., Suite 120 Bellevue, WA 98004 Document Title(s): SECOND AMENDMENT TO DEVELOPMENT AGREEMENT Grantor(s): GRANT COUNTY, WASHINGTON Grantee(s): COLUMBIA BLUFFS, LLC Legal Description: (abbreviated) NWI/4 of the NE 1/4, E 1/2of the NW 1/4, NW 1/4 of the NW 1/4 all in Sec. 118, R23E, T18N Additional legal descriptions: Assessor's Property Tax Parcel Number: 15043 3 000, 15043 3 001, 15043 3 002, 150433003 Reference Number of Documents assigned or released: Page I of I I RESOLUTION NO. 2? -5 - U 5"3 ' -C Development Agreement by and between Grant County and THIS Second Amended DEVELOPMENT AGREEMENT is made and entered into this `meq - q day of tJ U 1 2023, between Grant County, Washington (hereinafter "Grant County" or "County") and Columbia Bluffs, LLC, a limited liability company organized under the laws of the State of Washington, hereinafter the "Developer". 1. Grant County Code (GCC) 25.28 authorizes the execution of a development agreement between the County and a person having ownership or control of real property within its jurisdiction. 2. GCC 25.28 requires a development agreement to set forth the development standards and other provisions that shall apply to, govern and vest the development, use and mitigation of the development of real property for the duration specified in the agreement. 3. For the purposes of this Development Agreement, "development standards" includes, but is not limited to all of the standards listed in GCC 25-28.030. 4. This Development Agreement by and between Grant County and the Developer (hereinafter the "Development Agreement") relates to the development to be known as "Columbia Bluffs. 5. The following events have occurred in the processing of the Developer's application: • Securing water rights under permit #G3-28882P(A); Securing Access/Egress easement to property under recording # 1294703; Second Amended Development Agreement Page 1 Columbia Bluffs -Grant County Development Agreement • Access Road approved engineering for ROW in place; • Zoning and land use changes in place under Ordinance 10 -092 -CC ® Planned Unit Development approval in place under Resolution 12 -003 - CC; ® Preliminary Plat for Phase 1 of Columbia Bluffs approval under Resolution #12 -004 -cc; 0 Columbia Bluffs Community Septic System(LOSS) engineering and preliminary approvals in place; • Group B Water System approval in place (ID# AC885E) with source well installed; 0 Extension of power grid to the Property for energy extension completed; • Design and engineering for internal plat power and communication grid complete with approvals; Construction of building to house water system pumps and controls. Platting of 1st 5 lots within Phase 1 is complete and ready for final plat approval and recording of lots. 6. After a_ public hearing as required by GCC25.28, Resolution No. 17 -011 -CC was approved by the Grant County Board of County Commissioners providing for this Development Agreement with the Developer; and the following, hereby revised description of the project (herein referred to as "the Project"): The development of land parcels 15-0433-000, 15-0433-001, 15-0433- 002 and 5-0433-003 into the Plat of Columbia Bluffs, a 34 lot sub -division under a development phasing schedule covering a period of twenty years, Phase one consisting of 13 lots and the use of an on-site septic system and Group B water system, 7. After a public hearing as required by GCC25.28, Resolution NO.19-010-CC amended Resolution 17 -011 -CC with approval of the Grant County Board of County Commissioners. 8. This second amendment to the Development Agreement shall be deemed a minor amendment, as allowed by GCC 23.04.800(n)(2), for memorializing infrastructure performance criteria pertaining to the phasing of water and road improvements needed to serve Phase 1 and the residential units that will be constructed within Phase 1 and the balance of the Columbia Bluffs Development. The Grant County 'Board of Commissioners approves this amended Development Agreement with the Developer; and a phasing plan for completion of water and road infrastructure as provided in Section 14. Second Amended Development Agreement Page 2 Columbia Bluffs - Grant County Development Agreement Now therefore, the parties mutually agree as follows: bell Section 1. The Project. The Project, defined in Recital No. 6, above, will develop, develop and use 171.8 acres in Grant County, more particularly defined in Section 2, below. The Project is approved under the Planned Unit Development (PUD) Resolution 12 -003 -CC, which describe the Project as a Preliminary PUD to be developed in Phases with private roads, community water system and LOSS sewage disposal system. The Project is anticipated to be phased over a twenty-year period, commencing from the 2017 Adoption of Resolution, with a build out of up to 34 fee simple lots. Section 2. The Subject Property. The property subject to this Agreement is legally described as the NW1/4 of the NE 1/4, E % of the NW 1/4, NW 1/4 of the NW 1/4 all in Sec. 18, R23E, T1 8n (the Property). 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 Section. 3.1. "Administrator" means the Administrative Official as defined by Grant County Code. 3.2. "Adopting Resolution" means the Resolution which approves this Development Agreement, as required by RCW 36.701B and GCC 25.28. 3.3. "Board" means the Grant County Board of County Commissioners. 3.4 "Certificate of occupancy" means either a certificate issued after inspections by the County authorizing a person(s) In possession of property to 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 County Code, as it may be amended from time to time. 3.6 "Design Standards" means the Grant County Design Standards, as adopted by the County. Second Amended Development Agreement Page 3 Columbia Bluffs -Grant County Development Agreement 3.7 "Effective Date" means the effective date of the 2017 Adopting Resolution. 3.8 "Existing Land Use Regulations" means the ordinances adopted by the County Commissioners in effect on the 'Effective Date, including the adopting ordinances that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Subject Property, including, but not limited to the Comprehensive Plan, Grant County's official Zoning map and development standards, the Public Works Standards, SEPA, and all other ordinances, codes, rules and regulations of the County 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 "Landowner" 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 subject to the applicable provision of this Development Agreement. The "Developer" is identified in Section 5 of this Development Agreement. 4.0 "Project" means the anticipated development of the Subject Property, as specified in Section 1 and Recital 6, and as provided for in all associated permits/approval, and all incorporated exhibits. Section 5. Parties to Development Agreement. The parties 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: Columbia Bluffs LLC P 0 Box 458 Cle Elum, Wa 98922 5.3 The "Landowner." From time to time, as provided in this Development Agreement, the Developer may sell or otherwise lawfully dispose of all or a portion of the Subject Property to a third party entity which, unless otherwise released, shall be subject to the applicable provisions of this Development Agreement related to all or such portion of Property as may be conveyed. Second Amended Development Agreement Page 4 Columbia Bluffs -Grant County Development Agreement 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 propriety or other interest therein except as authorized in the exercise of its government functions. Section 7. Term of Agreement. This Development Agreement shall commence on the effective date of the Resolution adopting this Development Agreement, and shall continue in force for period of Twenty (20) years, until July 31, 2037,, unless extended or terminated as provided for herein. Following expiration or earlier termination as provided herein, this Development Agreement shall have no further force and effect, subject however, to post -termination obligations of the Developer or Landowner. Section 8. Vested Rights of Developer. During the term of this Development Agreement, the Developer is assured, and the County agrees, that the development and use rights, obligations, terms and conditions specified in the Project are fully vested and may not be changed or modified except as may be expressly permitted by, and in accordance with, the terms and conditions of this Development Agreement, or as expressly consented thereto by the Developer. Section 9. Extension 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 ultimate purchaser of the Property to have the rate of development determined by the Developer. The parties agree that the Preliminary PUD and Plat approvals for the development will be in full force and effect for the full term of this Development Agreement as set forth in Section 7, above. The Preliminary Plat/PUD may be further extended upon request by the Developer and mutual agreement of the parties for an additional period of time as may be requested by the Developer and approved by the County provided that any such amendment or extension shall follow the process established by law for the adoption of a Development Agreement (see RCW 36.70B.200). Section 10. Permitted Uses and Development Standards. As community infrastructure and urban levels of services are put into place, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of land or payment of fees in lieu of dedication for public purposes, the construction, installation and extension of public improvements, development guidelines and standards for development of the Subject Property shall be those set forth in the Project, the permits and approvals identified therein, and all exhibits incorporated therein may be amended by application of Developer and approval by the County. Second Amended Development Agreement Page 5 Columbia Bluffs -Grant County Development Agreement Section 11. Modifications. Modifications from the approved permits or the exhibits attached hereto may be made by Developer and/or approved by the County in accordance with the provisions of the Code, and shall not require an amendment to this Development Agreement. Future applications for land use designations and zoning changes for density and additions of land within the Columbia Bluffs plat will be administered under regulatory provisions in place at the time of the new applications and will include reviews and or changes to this document as deemed necessary. Section 12. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the exercise of further discretionary powers by the County, which powers are to be exercised reasonably and without undue delay or conditions. Section 13. Existing Land Use Fees. Land use fees adopted by the County by ordinance as of the Effective Date of this Development Agreement may be increased by the County from time to time, and the same may be applicable to permits and approvals for the Subject Property, provided such fees must be otherwise lawful, must be equally applicable and must be applied equally to similar applications and projects within the County. Section 14. Infrastructure Phasing. Infrastructure improvements for Phase 1 water and road improvements shall be as follows: Water. The existing well supports up to two residential dwelling units and is therefore currently exempt from standards set forth in Chapters 246- 290 and 246-291 WAC. o Group- B Svstem. The Washington State Department of Health and/or the County shall approve the Group B Water System, and said Water System shall be operational as required by Chapter 246-291 WAC, upon the Developer's request for the third Certificate of Occupancy for a residential dwelling unit with -in Columbia Bluffs. o Group A -System. The Washington State Department of Health shall approve the Group A Water System, and said Water System shall be operational as required by Chapter 246-290 WAC, upon the Developer's request for the fifteenth Certificate of Occupancy for a residential dwelling unit within Columbia Bluffs. ► Roadways. The existing roadway is approved for service levels to 100 trips per day or ten residences. There are currently two existing residential dwelling units south of Columbia Bluffs utilizing the existing, approved roadway. Second Amended Development Agreement Page 6 Columbia Bluffs - Grant County Development Agreement o Phase 1 Roadways. Upon Developer's request for the ninth Certificate of Occupancy for a residential dwelling unit within Columbia Bluffs, the public roadway improvements as delineated within .the County -approved plans, as well as the private interior Phase 1 roadways, shall be constructed according to County standards. Future Improvements. Additional improvements shall be implemented as Project phases are developed and according to service level needs. re, MIAIM- FMtrz I I IP 15.1 Subject to extensions of time by mutual consent in writing, failure or delay by either party or Landowner not released from this Development Agreement to perform any material term or provision of this Development Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Development Agreement, the party alleging such default or breach shall give the other party or Landowner not less than thirty (30) days' notice in writing, specifying the nature of the alleged default and manner in which said default may be cured. During this thirty (30) day period, the party or Landowner charged shall not be considered in default for purposes of termination or institution of legal proceedings. 15.2 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 forth in the notice, the other party to this Development Agreement or Landowner may, at its option, institute legal proceedings pursuant to this Development Agreement. In addition, the county shall be entitled to enforce the Code and to obtain penalties 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 the parties' ability to seek and obtain legal remedies except as may be otherwise provided "herein. Section 16. Termination. This Development Agreement shall expire and/or terminate upon the expiration of the term identified in Section 7 or when the Subject Property has been fully developed, which ever first occurs, and all of the Developer's obligations in connection therewith are satisfied as determined by the County. Upon termination of this Development Agreement, the County shall record a notice of such termination 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 the same has been approved by the County for occupancy. Second Amended Development Agreement Page 7 Columbia Bluffs -Grant County Development Agreement Section 17. Effect of Termination on Developer obligations. Termination of this Development Agreement as to the Developer of the subject Property 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 zoning codes(s) or subdivision map or other land use entitlements approved with respect to the Subject Property, any other conditions of any other development specified in the Development Agreement to continue after the termination of this Development Agreement or obligations to pay assessments, liens, fees or taxes which would otherwise be applicable and due without regard to the planned development of the Subject Property. Section 18. Effect of Termination on County. Upon termination of this Development Agreement as to the Developer of the Subject Property, 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 the property affected by such termination (provided that vesting of such entitlements, conditions or fees may be established for such property pursuant to then existing planning and zoning laws). Section 19. Assignment and Assumption. The Developer shall have the right to sell, assign or transfer this Development Agreement with 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, or transfer all or a portion of the Subject Properly sold prior to final plat acceptance, at least 30 days in advance of such action. All rights and obligations of this Agreement shall transfer automatically upon conveyance to any third party. In the event of complete conveyance of the entire Subject Property, Developer, and any subsequent successor or assign,, shall be automatically released from any obligations under this Development Agreement. Section 20. Covenants Running with the Land. The conditions and covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall run with the land. 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 and a party hereto, but only with respect to the Subject Property, and only with respect to such portion thereof sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Development Agreement, as such duties and obligations pertain to that portion of the Subject Property sold, assigned or transferred to it. Second Amended Development Agreement Page 8 Columbia Bluffs -Grant County Development Agreement Section 21. Amendments to Development Agreement: Effect of Development Agreement on Future Actions. This Development Agreement may be amended or extended by of 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 36.708.200). 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 Subject Property during the next 20 years, as the County may deem necessary to the extent required by a serious threat to the public health and safety. Section 22. Notices. Any notice, demand, or correspondence under this Agreement shall be deemed sufficient if three days after being deposited into pre- paid first-class U.S. mail to the addresses of the parties as designated in Section 5. Notice to the County shall be to the attention of the Administrator and the Chairman of the Board. Notices to subsequent Landowners shall be required to be given by the County only for those Landowners who have given the County written notice of 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. Reimbursement for Development Agreement Expenses of the Count 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 staff 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 out-of-pocket expenses, the Developer may request written acknowledgement of all fees. All fees shall be paid, at the latest, within thirty (30) days from the County presentation of a written statement of charges to the developer, upon payment of which Developer shall owe no further amounts to County with respect to or relating to this Development Agreement. Section 24. Applicable Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce the terms of this Development Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs from the non -prevailing party. Venue shall be as provided for under RCW 36-01.050. Section 25. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Development Agreement, and that the parties are entitled to compel specific performance of all material terms of this Development Agreement by any party in default hereof. Second Amended Development Agreement Page 9 Columbia Bluffs -Grant County Development Agreement Section 26. Severability. If any term, provision., covenant or condition of this Agreement should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Development Agreement shall continue in full force and effect and shall in no way be affected, impaired or in -validated thereby. Section 27. Construction. In the event of a dispute between the parties as to the meaning of terms, phrases or specific provisions of this Development Agreement, the authorship of this Development Agreement shall not be cause for this Development Agreement to be construed against any party nor in favor of any party. IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be executed as of the dates set forth below: Columbia Bluffs LLC ell By J4rry Marie s, Operations Manager State of Washington County of Kittitas I certify that I know or have satisfactory evidence that Jerry Martens signed this instrument, on oath that he was authorized to execute the instrument and acknowledged it as the Operations Manager of Columbia Bluffs, LLC, or assigns, to be free and voluntary act of such party for and purposes mentioned in this instrument. Dated: Cl' 20 3 RU �41 Notary Public Residing at. 46LL2L<X—� My Commission Expires aL Second Amended Development Agreement Page 10 Columbia Bluffs -Grant County Development Agreement Passed by the Board of County Commissioners in regular session at Ephrata, Washington, by the following vote, then signed by its membership and attested to by its Clerk in authorization of such passages this day of UIT%( 7 200-3. Yea Nay Abstain BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON F-1 El Rob Jones, Chair ❑ El CindyCarte'r, Vice Chair F-1 1-1 El Danny Stone, Member ATTEST: Second Amended Development Agreement Columbia Bluffs -Grant County Development Agreement Page 11 97 �A11*49ION12116IN NW1/4 of the NE 1/4, E 1/2 of the NW 1/4, NW 1/4 of the NW 1/4 all in See. 18, R23E, T18N Parcel #150433000, 150433001, 150433002, 150433003 Second Amended Development Agreement Page 12 Columbia Bluffs -Grant County Development Agreement