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1 <br /> 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 />