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B. This Agreement sets forth the design appearance standard for new single family <br />structures and for the site, attached as Exhibits B and C and for the commercial building <br />appearance, Exhibit D. The site of the commercial building footprint may change especially if <br />area C is not part of the Development Agreement. <br />C. This Agreement is entered into pursuant to RCW 36.70B.170,.180, and .190. <br />The purpose of this Agreement is to ensure the new single family and commercial structures <br />proposed for the site will in fact be constructed in substantial conformance to images attached to <br />this Agreement (Exhibits B, C, and D). <br />D. The parties hereto agree, as conditioned by this Agreement, that The Company <br />satisfies the criteria for approval of the rezone of the property described herein to R -2A and B-2, <br />so long as the structures and site depicted herein are built on the subject property under EMC <br />Chapter 19.06.010, as per Development Standards and other relevant sections of the Code. <br />E. It is understood by the City that The Company needs to annex two parcels of the <br />property into the City. The conditions of this Agreement shall only apply at such time as The <br />Company fully controls Areas A, B and D shown in Exhibit "A." Subsequent annexation and <br />development of Area C may be carried out at a subsequent date, after annexation is completed, <br />subject to Area D being developed in accordance with the image (substantial appearance) as <br />shown in Exhibit "D." Any site and building development not specified by this Agreement shall <br />be subject to applicable zoning regulations in effect at the time building permits are issued, as <br />determined by the Planning Director. <br />PART ONE — PROPERTY USE <br />1.1 SEPA. The provisions of this Agreement are subject to the City's SEPA <br />Determination (05-054), which is incorporated herein by reference. <br />2 <br />