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Filed for Record 04/16/2009 04:48:53 PM - Kittitas County, WA Auditor - 200904160090 Page 6 of 118 <br />Agreement. The Parties further understand that neither this Agreement nor Trendwest's <br />development of MountainStar shall be construed as creating any form of agency relationship, <br />joint venture or partnership between Trendwest and the County. <br />H. In exchange for the benefits to the County described in Recital E above, together <br />with the other public benefits that will result from the development of MountainStar, Trendwest <br />will receive by this Agreement assurance that it is obtaining vested rights and may proceed with <br />development of MountainStar in accordance with the Applicable Law (defined in Section 4.1(c) <br />below), and, therefore, Trendwest desires to enter into this Agreement. <br />I. The Parties have undertaken various environmental review and planning actions <br />relating to the development of MountainStar. These actions include, without limitation, the <br />following: <br />1. Under the Growth Management Act ("GMA"), Ch. 36.70A RCW, <br />counties "may permit master planned resorts which may constitute urban growth outside of <br />urban growth areas as limited by this section." RCW 36.70A.360. On December 11, 1996, the <br />County amended its Comprehensive Plan through Ordinance No. 96-20 to adopt planning <br />policies to guide the development of Master Planned Resorts (the "Original MPR Policies") in <br />Kittitas County. The Eastern Washington Growth Management Hearings Board (`Eastern <br />Board") subsequently concluded by order dated March 28, 1997, that the Original MPR Policies <br />did not comply with the GMA. By Ordinance No. 97-20 adopted by the Kittitas County Board <br />of County Commissioners ("BOCC") on December 30, 1997, the BOCC adopted revised MPR <br />policies (the "Revised MPR Policies") on remand from the Eastern Board. The Eastern Board <br />concluded by order dated April 16, 1998 that the Revised MPR Policies complied with the <br />requirements of the GMA except for RCW 36.70A.100. On remand the BOCC adopted <br />Suncadia Master Planned Resort Development Agreement (Amended and Restaled 12-02-2008) Page 5 <br />