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Filed for Record 04/16/2009 04:48:53 PM - Kittitas County, WA Auditor - 200904160090 Page 22 of 118 <br />MountainStar to the extent required by a serious threat to public health and safety; and provided <br />further, however, the parties agree that Trendwest's vested rights under this Agreement may be <br />modified, and that the County may modify the MountainStar MPR Conditions or impose <br />mitigation as part of a Subsequent Action based on statutes, rules. regulations, official policies, <br />and standards other than the Applicable Law, under the following circumstances: <br />(1) When the County reasonably believes in good faith that County <br />approval of a Subsequent Action for MountainStar under the terms of this Agreement would <br />result in a decision by a State or Federal administrative agency, or a Court of competent <br />jurisdiction, that the County eligibility for funding, grants, program eligibility or other <br />resources sought by the County would be impaired (for example, if approval of any portion <br />of development would prohibit the County from being eligible under the National flood <br />Insurance Program or result in higher premium rates to the County or it's property owners); <br />(2) When the County reasonably believes in good faith that County <br />approval of a Subsequent Action for MountainStar under the terms of this Agreement would <br />result in a decision by a State or Federal administrative agency, or a Court of competent <br />jurisdiction, that the County unlawfully failed to comply with the Endangered Species Act or <br />other State or Federal laws or regulations in approving the Subsequent Action; or <br />(3) When a State or Federal statute or regulation would impose <br />cumulative standards for compliance on an area wide or countywide basis. Modifications <br />under this section shall only be to the extent necessary to address the applicant's <br />proportionate share of such cumulative standard (for example, if new federal water quality <br />standards are adopted with cumulative in -stream standards, stormwater standards for <br />Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 21 <br />