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Filed for Record 04/16/2009 04:48:53 PM - Kittitas County, WA Auditor - 200904160090 Page 31 of 118 <br />this Agreement, the County, including but not limited to the exercise by the BOCC of the <br />County's police power or its taxing power, shall not apply to MountainStar or the Trendwest <br />Property any ordinance, resolution, rule, regulation, standard, directive, condition or other <br />measure (each, individually, a "County Law") that is in conflict with the Applicable Law <br />(including this Agreement) or that reduces the rights provided by this Agreement unless agreed <br />to in writing by Trendwest or imposed by the County through the exercise of its substantive <br />SEPA authority pursuant to Sections 4.1(a) and 4.1(i) of this Agreement. Without limiting the <br />generality of the foregoing, any County Law shall be deemed to conflict with Applicable Law, <br />including this Agreement, if it would accomplish any of the following results, either through any <br />Subsequent Action or through the imposition of any condition of approval, by specific reference <br />to MountainStar in any other enactment, or as part of a general enactment that applies to or <br />affects MountainStar: <br />thereof; <br />(1) otherwise limit or reduce the density of MountainStar, or any pari <br />(2) otherwise change any land use designation or Permitted or <br />Conditionally Permitted Use of the Trendwest Property; <br />(3) limit or control the location of buildings. structures, clearing, <br />grading, or other improvements of MountainStar in a manner that is inconsistent with or more <br />restrictive than the limitations in the Applicable Law; <br />(4) limit or control the availability ofpublic utilities, services or <br />facilities or any privileges or rights to public utilities, services or facilities (e.g., water rights, <br />water connections, sewage capacity rights, sewer connections) for MountainStar, provided that <br />nothing in this subsection shall be interpreted to limit the authority of any public utility, service <br />Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2006) Page 30 <br />