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 54 of 118 buffering requirements, building setback, height or design requirements, wood -burning stove prohibitions, and access and infrastructure to be constructed solely within the boundaries of the parcel and intended to serve only the building(s) or uses located within that parcel. To be eligible for a transfer without consent pursuant to this subsection, Trendwest or its assigns shall retain all obligations and responsibilities pursuant to the MPR Approvals and Subsequent Actions (other than those that can be fulfilled exclusively within the boundaries of, and by the development on, the individual parcel), including, by way of illustration and without limitation, such items as overall project impact monitoring, public facility and fiscal impact mitigation (except for parcels transferred to a single builder hereunder), overall infrastructure necessary to serve more than one parcel of the Resort development, and offsite traffic mitigation. (b) The transferee in such a transaction and its successors shall be deemed to have no obligations under this Agreement other than the Parcel Obligations, provided that the transferee shall be bound by all conditions in the MPR Project Development Permit and MountainStar MPR Conditions deemed applicable by Trendwest and the County and embodied in CC&Rs, and shall continue to benefit from the vested rights provided by this Agreement for the duration of the Term. Nothing in this section shall exempt any property transferred from payment of applicable fees and assessments or compliance with applicable conditions of approval. 9.4 Notices. Any notice or communication required by this Agreement between the County and Trendwest must be in writing, and may be given either personally, electronically with evidence or receipt or by express delivery service, return receipt requested. if given by . registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below Suncadia Master Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page 53