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Barbara Nightingale
From: Powers & Therrien [powers_therrien@yvn.com]
Sent: \~RiWday, August 16, 2006 'tC:07 PM
To: bert loomis
Cc: Powers & Therrien; Barbara Nightingale
Subject: Issue on Development Agreement
Bert:
Let me distill the issue: The development agreement cannot be amended to conflict with the MPR Code or the
Comprehensive Plan. This proposition is embedded in the development agreement and is provided by statute.
Section 3.11 of the development agreement recognizes "flexibility objectives". It does not provide the mechanism
for amendment to the development agreement. That is provided by Section 4.6. It requires Pope's consent.
Pope includes all successors, successors in title and assigns. This includes the property purchasers in the MPR,
persons whose rights have been ignored and trod upon by the County and PLA. Even Sec. 3.11 does not support
Barbara. It provides "flexibility". It does not give carte blanche to the developer to do what it might wish to do. It
contains a requirement of equivlancency. It also provides for modifications only upon new information, changing
community and market needs, encouraging reasonably priced housing and comparable benefits. Which one of
the prongs is here met. There is no evidence that a commercial hotel expansion at the resort would not be as
successful as the Trend West proposal. There is no evidence of equivalence. There is no evidence that there is
any need. There is no evidence of compliance with the amendment provisions that even PLA admits by
submission of Amendment 1 applies. What is the basis for this cite. How do any of its provisions apply.
I have taken the liberty to copy Ms. Nightingale with my response.
Les Powers
Powers & Therrien, P.S.
3502 Tieton Drive
Yakima, WA 98902
Phone: 509-453-8906
Fax: 509-453-0745
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8/17/2006