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Filed for Record 04/16/2009 04:48:53 PM - Kittitas County, WA Auditor - 200904160090 Page 32 of 118 <br />or facility provider that is not a party to this Agreement to require anything legally necessary or <br />appropriate prior to any commitment to provide such utilities, facilities and/or services; <br />(5) require the issuance of additional permits or approvals by the <br />County other than those required by the Applicable Law; <br />(6) establish, enact, or increase in any manner applicable to <br />MountainStar, whether directly by the BOCC or other County election. or impose against the <br />development of MountainStar, any fees, taxes (including, without limitation, general, special and <br />excise taxes), assessments, liens or other financial obligations other than (i) those specifically <br />permitted by this Agreement, and as provided in the MPR Project Development Permit and <br />MountainStar MPR Conditions, and (ii) any County -wide taxes or applicable taxing district and <br />assessments (including an authorized County -wide tax or assessment on master planned resorts <br />generally if there are two or more master planned resorts approved pursuant to RCW 36.70A,360 <br />in Kittitas County); or <br />(7) limit the processing of applications for, or the obtaining of, <br />Subsequent Approvals. <br />(g) Exceptions to "No Conflicting Enactments." Notwithstanding the "no <br />conflicting enactments" provisions of Section 4.1(0 above, the following provisions shall apply: <br />(1) Uniform Codes. The County may apply the then -current <br />Washington State Building Code, Chapter 19.27 RCW, and other uniform construction codes to <br />new applications for building permits necessary for the development of MountainStar throughout <br />the Term of this Agreement, provided that any such uniform code shall apply to MountainStar <br />only to the extent that the code has been adopted by the County for application on a county -wide <br />basis. <br />Suneadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 31 <br />