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 104 of 118 with the mediator shall be held within fourteen (14) days from appointment of the mediator, on a date and at a time selected by the mediator after consulting with Trendwest and the County. The mediator shall work with Trendwest and the County to produce a suitable compromise. The mediator shall establish the format of the mediation meeting. (d) The Board's decision on an appeal regarding Trendwest's alleged non-compliance with a Condition of Approval shall be appealable to Kittitas County Superior Court; provided, however, that the Board's decision shall not be final and appealable until the mediation process set forth in Condition F -1(c) is completed. The mediation process shall be deemed completed upon the later of (i) the completion of the mediation meeting or (ii) the date of issuance of a letter from the mediator terminating the mediation process. (e) Trendwest's alleged non-compliance with a Condition of Approval is not a basis for the County to refuse to process or approve any Subsequent Action (as defined in the Development Agreement), including a Site Development Plan, unless the County reasonably determines that compliance with the disputed Condition of Approval is necessary for the County to conclude that the proposed Subsequent Action is consistent with the Conditions of Approval and the "Applicable Law" as defined in the Development Agreement. G. FISCAL PROGRAM. Kittitas County has identified the following provision to provide for consistent and on going monitoring of fiscal benefits and impacts generated by the MountainStar Resort. G-1 Trendwest has agreed to provide funding for the County to hire a fiscal expert with experience analyzing the fiscal impacts to local communities, including increased tax revenues, from new development. That expert, in conjunction with a similar expert retained by Trendwest, shall develop a Fiscal Program for analyzing the fiscal impacts of MPR development on the County, local communities and taxing districts, and other service providers impacted by MPR development. The Fiscal Program shall include provisions for reviewing and adjusting Trendwest's financial obligations under the Conditions of Approval to reflect any changes in tax revenues as a result of MPR development. The County shall as necessary review and adjust Trendwest's financial obligations for the payment of financial mitigation under the Conditions of Approval (including, but not limited to, those provisions relating to Law Enforcement, Fire Protection, Emergency Response/Aid Services, Transportation, Schools and Housing) consistent with the findings and provisions of the Fiscal Program. Suncadia MPR Conditions of Approval Page 36 December 2, 2008