Before the Board of County Commissioners s5

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON

APPROVAL OF DEVELOPMENT AGREEMENT WITH BENAROYA ) RESOLUTION NO. 16- CAPITAL COMPANY, LLC, REGARDING WINLOCK INDUSTRIAL ) PROJECT )

WHEREAS, Benaroya Capital Company (Benaroya) owns the real property which is located in Lewis County (County) within the Urban Growth Area (UGA) of the City of Winlock (City); and WHEREAS, the County oversees and regulates the provision of transportation improvements for the roads, the placement of utilities within the public right of way, and stormwater with the UGA; and WHEREAS, Benaroya prepared and, on or about March 23, 2014, the City approved with conditions a Binding Site Plan for the Property; and WHEREAS, the Binding Site Plan includes as Conditions of Approval certain transportation improvements for the development of the Property; and WHEREAS, Benaroya and the County desire to utilize the provisions of RCW 36.70B that provide for local governments to enter into development agreements (Agreement) with property owners to govern applicable development of real property during the term of the agreement; and WHEREAS, the Agreement will be for a period of 10 years, beginning January 11, 2016 and can be terminated by either party upon written notice; and WHEREAS, the BOCC has reviewed the attached Agreement and it appears to be in the best interest of the public to enter into said agreement. NOW THEREFORE BE IT RESOLVED that the Agreement with Benaroya is in the best interest of the public; and BE IT FURTHER RESOLVED that the BOCC approves said Agreement and shall sign the same.

PASSED IN REGULAR SESSION by the BOCC, this ____ day of ______, 2016.

APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS JONATHAN MEYER, PROS. ATTORNEY LEWIS COUNTY, WASHINGTON

BY: Glenn Carter, Deputy Prosecuting Attorney P.W. “Bill” Schulte, Chair

ATTEST: Edna J. Fund, Member Karri Muir, Clerk of the Board

Gary Stamper, Member