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Filed for Record 04/16/2009 04:48:53 PM - Kittitas County, WA Auditor - 200904160090 Page 46 of 118 <br />5.5 Processing of Subsequent Actions. <br />(a) Upon submission by Trendwest of all appropriate applications and <br />processing fees for any Subsequent Action necessary for MountainStar, the County shall <br />promptly and diligently commence and complete all steps necessary to act on the application for <br />a Subsequent Action including, without limitation. (i) the notice and holding of all required <br />public hearings, and (ii) granting the Subsequent Action application as set forth below. <br />(b) The County's obligations under Sections 4.1(e) and 5.1 of this Agreement <br />are conditioned on Trendwest's timely provision to the County of all documents, applications, <br />plans, and other information necessary for the County to meet such obligations and Trendwest <br />entering into a staffing and cost reimbursement funding agreement pursuant to Section 4.l(g)(3) <br />above. It is the express intent of Trendwest and the County to cooperate and work diligently and <br />in good faith to obtain any and all Subsequent Actions. <br />(c) The County may deny an application for a Subsequent .Action only if (i) <br />such application does not comply with Applicable Law, (ii) such application is inconsistent with <br />the MPR Project Development Permit and MountainStar MPR Conditions, or (iii) the County is <br />unable to make all findings related to the Subsequent Action required by state law. The County <br />may approve an application for such a Subsequent Action subject to any conditions necessary to <br />bring the Subsequent Action into compliance with Applicable Law or to make the Subsequent <br />Action consistent with the MountainStar Resort Conceptual Master Plan, and the MPR Project <br />Development Permit and MountainStar MPR Conditions, so long as such conditions comply <br />with Section 4.1(c) of this Agreement. If the County denies any application for a Subsequent <br />Action, the County must specify in making such denial the modifications required to obtain <br />approval of the application. Any such specified modifications must be consistent with <br />Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 45 <br />