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Filed for Record 04/16/2009 04:48:53 PM - Kittitas County, WA Auditor - 200904160090 Page 18 of 118 <br />"Permitted and Conditional Uses" shall mean those uses that are permitted or permitted <br />with conditions within MountainStar set forth in Section 4.1(d)(2) of this Agreement. <br />"Phase" means one of the three phases within which the resort is being developed and, <br />together, comprising the area encompassed by the MountainStar Resort Conceptual Master Plan and <br />identified by specific boundaries which are to be developed on a coordinated basis and used as a <br />major element of MountainStar. It may include different land uses and one or more Divisions. <br />"Planned Action Ordinance" shall mean Kittitas County Ordinance No. 2000-17 <br />(EXHIBIT G), by which the BOCC authorized MountainStar to be processed as a planned action <br />under SEPA, as set forth in Recital I(10) of this Agreement. <br />"Planning Commission" shall mean the Kittitas County Planning Commission, provided, <br />however, reference herein to future acts by the Planning Commission shall be deemed to mean either <br />the Planning Commission or the Hearings Examiner as designated or authorized by the BOCC. <br />"Planning Director" shall mean the Director of Community Development Services, or his <br />or her designee. <br />"Processing Fees" shall have that meaning as set forth in Section 4.l(g)(3) of this <br />Agreement. <br />"Proportionate Share" shall mean that share as defined in the MountainStar MPR <br />Conditions. <br />"Revised MPR Policies" shall mean those Comprehensive Plan policies relating to <br />Master Planned Resorts adopted by Ordinance Nos. 97-20 and 98-20, as set forth in Recital I(1) <br />of this Agreement. <br />"Rezone" shall mean the site-specific rezone of the County zoning map for the Trendwest <br />Property to the Master Planned Resort Zoning District, pursuant to Ordinance No. 2000-14 as set <br />forth in Recital I(3) of this Agreement. <br />Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 17 <br />