Loading...
Resolution 17-011-CC' K1.7�01� � � �OARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON RESOLUTION NO. ��/I '' (.�-�''� ; - --- ---Development=Agr-eement by and-between-Gr-ant=�oun#y- - -— - --- and Columbia Bluffs, LLC P `� THIS DEVELOPMENT AGREEMENT is made and entered into this °��� day of �e���1-►�JcJlti�...��' , 2017, 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, hereinafterthe "Developer". R��I�AL� 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 betw�en Grant County and the Developer (hereinafter the "Development Agreement") relates to the development to be known as "Colum�ia 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; • 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; Development Agreement- Page 1 Columbia Bluffs-Grant County Development Agreement • Preliminary Plat for Phase 1 of Columbia Bluffs approval under Resolution #12-004-CC • Columbia Bluffs Community Septic System(LOSS) engineering an preliminary approvals in place; • Group B Water System approval in place (ID# AC885E) with source well installed; • Extension of power grid 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. 6. After a public hearing as required by GCC25.28 by Resolution No. �/� ��� �y�� the Grant County Board of County Commissioners approves this Development Agreement with the Developer; and the following revised description of the project: The development of land parcels 15-0433-000, 15-0433-001, 15-0433-002 and � -�433-003 into the Plat of Columbia Bluffs, a 34 lot sub-division unde�� evel ent phasing schedule covering a period of ten years, ���-���' Phase one consisting of 9 lots and the construction of the LOSS community septic and Group B water system, AGREEMENT Now therefore, the parties mutually agree as follows: General Provisions Section 1. The Proiect. The Project consists of the development and use of 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, wh i ch 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��e�i-year per'od with a build out of up to 34 fee simple lots . ��-�,,/�,�f �,�. � � ��/ Section 2. The Subiect Propertv. The property subject to this Agreement is legally described as the NW1/4 of the NE '/4, E '/2 of the NW '/n, NW '/4 of the NW'/o all in Sec. 18, R23E, T18n (the Property). Section 3. 6efinitions. As used in this Development Agreement, the following terms, , phrases and words shall have the meanings and be interpreted as set forth in this Development Agreement- Page 2 Columbia Bluffs-Grant County Development Agreement Section. 3.1. "Administrator" means the Administrafiive Official as defined by Grant County Code. 3.2. "Adopting Resolution" means the Resolution which approves this Development Agreement, as required by RCW 36.70B and GCC 25.28. 3.3. "Board" means the Granfi County �oard of County Commissioners. 3.4 "Certificate of occupancy" means either a certificate issued after inspections by the County authorizing a person(�) In po��e�sion 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. 3.7 "Effective Date" means the effective date of the 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 parfiy 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 as provided fior in all associated permits/approval, and all incorporated exhibits. Section 5. Parties to Development Aqreement. The parties to this Development Development Agreement— Page 3 Columbia Bluffs-Grant County Development Agreement Agreement are: 5.1 The "County" is Grant County. 5.2 The "Developer" is a private enterprise which wili own the Subject Property in fee, and whose address is Calumi�i�z=Bluffs LLC--- -- -- - - - - - - --- ---- -- - --- P O 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 fihis Development Agreement related to all or such portion of Property as may be conveyed. Section 6. Proiect is a Private Undertakinq. It is agreed among the parties that the Project is a private development and that the County has no p ro p r i e t y o r o t h e r 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 Agreemenfi, and shall continue in force for period of T w e n t v (2 0 ) years 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 Riqhts 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 Dev�loper. Section 9. Extension of Preliminarv PUDIPIat 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 t h i s Development Agreement as set forth in Section 7, above. The P re I i m i n a ry P I a t/P U D may be f u rth e r extended upon request by the Developer and mutual agreement of the parties for an additional period of time as Development Agreement— Page 4 Columbia Bluffs-Grant County Development Agreement , may be requested by th� Developer and approved by fihe 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. Permitfied Uses and Development Standards. A s c o m m u n i t y infrastructure and urban levels of services are put into place , �---- - fihe-permitted-uses;the-density-and-infiensity=of-use;-the=m�aximum-h�ight�n�l�ize=of---- T 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 d�velopment of the Subject Property shall be those set forth in t h e P ro j e ct, the permits and approvals identified therein, and all exhibits incorporated therein may be amended by application of Developer and approval by the County. 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 Discretionarv 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. Existinq Land Use Fees. Land use fees adopted by the County by ordinance as of the Effecfiive 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 m ust be applied equally to similar applications and projects within the County. Section 15. Default. 14.1 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, Development Agreement— Page 5 Columbia Bluffs-Grant County Development Agreement 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 nofi be � considered in default for purposes of terminafiion or institution of 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 diligenfily cured in the manner set forth in the notice, the other party to this Development Agreement or Landowner may, at its � - - - --- opfiion;insfiifiafie—Iegal—proceedings—pursuanfi--to—fihis—Development-=Agreement. In - , addition, the county shall be entitled to enforce the Code and to obtain penalties and cosfis 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 fiully 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 fihe same has been approved by the County for occupancy. Section 17. Effect of Termination on Developer Obliqations. 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 Countv. Upon fiermination 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. Assiqnment and Assumption. Th� 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— Page 6 Columbia Bluffs-Grant County Development Agreement 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 fiinal 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 fihe 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 infiere�t in the Subject Property, or any porfiion 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, bufi only with respect to the Subject Property, and only with respecfi 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 obligafiions of a Developer contained in this Development Agreement, as such duties and obligations pertain to that portion of the Subject Property �old, a��igned or transferred to it. Section 21. Amendments to Development Aqreement: Effect of Development Aqreement 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 Aqreement Expenses of the _ Gounty. 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 Development Agreement— Page 7 Columbia Bluffs- Grant County Development Agreement application fees. This Developmenfi Agreement shall nofi take effect unfiil 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 a4ttornevs° 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 enfiitled to recover its reasonabl� attorney's fees and costs from the non-prevailing party. V e n u e s h a I I b e a s p ro v i d e d f o r 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 enfiitled to compel specific performance of all material terms of this Development Agreement by any party in default hereof. Section 26. Severabilitv. 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 invalidated thereby. Section 27. Construction. In the event of a dispute between the parties as fio 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. Development Agreement— Page 8 Columbia Bluffs- Grant County Development Agreement pN �VIT`�i�5� Vlt`HEF��{�F, the partie� hereta h�ve caused this Deveiapment Agr�em ent�o be execufied as c�f fihe d�fies set forfih beiaw: ��NE�. J ��lJEL���I�,: Cc�l�.rmbia Bluffs LLC .`7�1� ��a � ... . . J rry �I�rt �, t�p ration� Mgr _� ��a�e ofi W�shir�gfion } ) C���ar�ty of�it�it�s ) � c�r�i�y �hat � kn�w c�r h�ve sati�f��tc�ry evidenc� fih�� H�w�rd C�. B�ffic�rd sigr�ed t��is instr�m�r�f, c�n Q�th that he was �uth�ri�ed to execute the in�tr�ament ar�d �c6��owledged it �� th� Qper�tic�ns Nlan�c�er of Calumbia Bluffs, L.I.C, c�r as�igr�s, ta be fre� �n� vc�l�an��r��ct ��F s�ch party for and purp�ses menti�ned it� this insfirum�nt. �����; ��.c-��b�r '�- `���; ��...i�. �`��r`ti�111411lr/1ji r ���OF� """� ,,�t 8�,��;4,q`��, ���j;,�4� C�-Q- ��`�V 5�O N �'kp � - �,,����� '� . Ncatary Pub1i _ �� �p`CARY ��'�:Z�' R�'�iC,�tt1t� r'�'� t.,�� ���� f,u,`;� Pus G q:°_� My Cammis�ion Expires Z � � :� ti. c�; r'"il S�T `','pRUAR�11 '�\� � ,,�Q�WP�� Ijil;tiiillt�.'. [�eu�(apment Agreement— Page 9 Cralumbia �lu�fs-Grant Cc�unty C�evelapmen�t Agreement GRANT COUNTY BOARD OF COUNTY COMMISSIONERS: 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 aufihorization of such passages this .�� day of �,�,�~►vc✓�k✓�..�y' , 20�. ` ---- -- -- Yea -Nay- Abstain -- -BOARD�Of=-COUNTI�COMMI�SI�ONERS- -- - -- GRANT COUNTY, WASHINGTON � � ❑ ❑ Cind Ca er Chair Y , e - "---.... Ll ❑ � Richard Stevens, Vice Chair �i�� ( �.�...�- � ❑ ❑ Tom Ta lor, Me ber Y ' ATTEST: ,f� , �� ,�%� ;� � � / ar ara J. Vas ,�e ��I rk of the �oar � Development Agreement— Page 10 Columbia Bluffs- Grant County Development Agreement EXHIBIT��A�� LEGAL DESCRIPTION NW1/4 of the NE '/4, E '/z of the NW '/4, NW'/4 of the NW '/4 all in Sec. 18, R23E, T18N _ Parcel #15Q433_0�,�549�330Q1_,159��39_Q2,15Q433QQ3 ___ __ _ ____ _ _ ____ _ ___ Development Agreement— Page 11 Columbia Bluffs-Grant County Development Agreement