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Filed for Record 04/16/2009 04:48:53 PM - Kittitas County, WA Auditor - 200904160090 Page 11 of 118 <br />County's Master Planned Resort Zoning District, and all other growth management ordinances, <br />resolutions, rules, regulations, policies, standards, and directives of the County. <br />L. Each Party acknowledges that it is entering into this Agreement voluntarily. <br />M. Section 1.3 of the Development Agreement requires the parties to review its <br />provisions within two years of the Effective Date and every five years thereafter, which reviews <br />have not heretofore taken place; provided that, pursuant to Section 6, the Parties have previously <br />entered into the following amendments: <br />'- Ordinance 2001-14, dated September 4, 2001, amending C-34 <br />'- Resolution 2006-170, dated December 5, 2006, allowing for the use of <br />binding site plans <br />Resolution 2007-11. dated February 12, 2007, amending C-42 <br />Resolution 2007-119, dated September 18, 2007, amending C45 and C46 <br />N. Pursuant to Section 6 hereof, the Parties desire to amend and restate the 2000 <br />Agreement. <br />NOW, THEREFORE, in consideration of the promises, covenants, and provisions set <br />forth herein, the receipt and adequacy of which consideration is hereby acknowledged, the <br />Parties agree as follows: <br />AGREEMENT <br />Section 1. EFFECTIVE DATE AND TERM <br />1.1 Effective Date. The 2004 Agreement became effective upon the date the BOCC <br />approved the MPR Approvals as defined in Recital 1(10) of this Agreement, specifically, October <br />10, 2000 (the "Effective Date"). The "Applicable Law" to which MountainStar shall be subject <br />Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 10 <br />