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 52 of 118 measures designed to specifically benefit an Affected Jurisdiction or Public Body, the County shall not give its consent to such transfer until it has first consulted with such Affected Jurisdiction or Public Body regarding such transfer. Written notice of the proposed Transfer Agreement shall be mailed, first-class, to the County and any Affected Jurisdiction or Public Body in the matter set forth in Section 9.4 below at least forty-five (45) days in advance of the proposed date of transfer. Failure by the County to respond within forth -five (45) days after receipt of a request made by Trendwest for such consent shall be deemed to be the County's approval of the Transfer Agreement in question. The County may refuse to give its consent to a "Transfer Agreement only if there is a material reason for such refusal, including without limitation, (i) the transferee's failure to perform under a similar development agreement or (ii) a failure to demonstrate adequate financial capability to perform the obligations proposed to be assumed by such transferee. The County shall be entitled to contract at Trendwest's expense with third parties to assist with a reasonable due diligence review of a proposed Transfer Agreement. County determinations shall be made by the BOCC and are appealable to the Kittitas County Superior Court by Trendwest or an Affected Jurisdiction or Public Body. The effective date of a Transfer Agreement that is subject of an appeal to the Kittitas County Superior Court by an Affected Jurisdiction or Public Body shall not be stayed unless the Affected Jurisdiction or Public Body has timely secured appropriate judicial relief enjoining such Transfer Agreement from becoming effective. (e) Any Transfer Agreement shall be binding on Trendwest, the County and the transferee. Upon approval of a Transfer Agreement by the County, Trendwest shall be released from those obligations and responsibilities assumed by the transferee therein. Suncadia Master Planned Reson Development Agreement (Amended and Restated 12-02-20081 Page 51