2017-2037 Comp Plan Update Enabling Ordinance with Exhibit A

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Filed for Record 04/16/2009 04:48:53 PM - Kittitas County, WA Auditor - 200904160090 Page 21 of 118 Section 3. OBLIGATIONS OF TRENDWEST AND THE COUNTY 3.1 Obligations of Trendwest. (a) Generally. The Parties acknowledge and agree that the County's agreement to perform and abide by the covenants and obligations of the County set forth herein is material consideration for Trendwest's agreement to perform and abide by the covenants and obligations of Trendwest set forth herein. (b) MPR Project Development Permit and MountainStar MPR Conditions. Except as otherwise specifically agreed to by the County. Trendwest shall comply with all conditions as set forth in the MPR Project Development Permit and MountainStar MPR Conditions, as approved by the BOCC, and attached as EXHIBIT F-1 to this Agreement. 3.2 Obligations of County. The Parties acknowledge and agree that Trendwest's agreement to perform and abide by the covenants and obligations of Trendwest set forth herein is material consideration for the County's agreement to perform and abide by the covenants and obligations of the County set forth, herein. Section 4. STANDARDS, LAWS AND PROCEDURES GOVERNING MOUNTAINSTAR 4.1 Permitted Uses; Applicable Law. (a) Vested Rigbts. Trendwest shall have the vested right to develop MountainStar pursuant to the Applicable Law as set forth in Section 4.1(c). Trendwest's rights shall vest as of the Effective Date (the "Vesting Date"); provided, however, that nothing herein shall limit the County's authority to require additional SEPA review in connection with applications for Subsequent Actions, including General Site Plans and Site Development Plans, pursuant to Sections 4.1(i) and 5.1 of this Agreement; provided further, however, that the County shall reserve authority to impose new or different regulations on Trendwest's development of Suneadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2009) Page 20