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 53 of 118 (d) Trendwest shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to an approved Transfer Agreement. No breach or default hereunder by any person that assumes any portion of Trendwest's obligations under this Agreement pursuant to an approved Transfer Agreement shall be attributed to Trendwest, nor may Trendwest's rights hereunder or under the MPR Approvals be canceled or diminished in any way by any such breach or default. (e) No breach or default hereunder by Trendwest shall be attributed to any person succeeding to any portion of Trendwest's rights or obligations under this Agreement, nor shall such transferee's rights be cancelled or diminished in any way by any such breach or default. 9.3 Transfer Agreements Not Requiring Consent. (a) The provisions of Section 9-2 above notwithstanding, a Transfer Agreement shall not require County consent or County consultation with an Affected Jurisdiction or Public Body if such agreement relates to the transfer o£ (i) any single residential parcel conveyed to a purchaser, (ii) any condominium, time-share or fractionally -owned unit conveyed to a purchaser, (iii) any property transferred as fewer than twenty (20) lots in a single transaction to a single builder, or (iv) any property that has been established as a separate legal parcel for a golf course, commercial, open space, park, hotel, or other use agreed to by Trendwest and the County as long as Trendwest or its assigns retain all obligations and responsibilities pursuant to this Agreement, and the MPR Approvals and Subsequent Actions, except for those obligations and responsibilities that can be fulfilled exclusively within the boundaries of, and by the development upon, the parcel or parcels transferred ("Parcel Obligation"). Parcel Obligations include, by way of illustration and without limitation, such items as individual lot landscaping or Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 52