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Filed for Record 04/16/2009 04:48:53 PM -Kittitas County, WA Auditor -200904160090 Page 13 of 118 <br />''Agreement" and "Development Agreement'' shall mean this Amended anti Restated <br />Developmenl Agreemem by and Between Kittitas County, Washingl<m, and Suncadia LLC <br />Relating 10 the Development Common~v Known as Suncadia Master Planned Resort, as set forth <br />in the Preamble of this Agreement. <br />"Applicable Law'' shall have the meaning set forth in Section 4.l(c) of this Agreement. <br />"BOCC" shall mean the Board of County Commissioners for Kittitas County, <br />Washington. <br />"CC&Rs" shall mean covenants, conditions and restrictions. <br />''County" shall mean Kittitas County, Washington, as set forth in the Preamble of this <br />Agreement. <br />··Comprehensive Plan" shall mean the Kittitas County Comprehensive Plan, as set forth <br />in Recital E of this Agreement. <br />"Critical Areas Regulations" shall mean Chapter 17A, Critical Areas, of the Kittitas <br />County Code, (EXHIBIT 1) oflhis Agreement. <br />"Design Guidelines" shall mean the general design goals the County and Trend west have <br />agreed upon for the MountainStar Master Planned Resort as described in EXHIBIT J (Rev. 1) <br />attached hereto and incorporated herein by this reference, as amended from time to time. <br />--Design Review Committee" or ·'DRC'' shall mean the committee established by <br />Trendwesl pursuant to EXHIBIT J (Rev. 1) to administer and enforce various Development <br />Standards and Design Guidelines set forth hereunder and in applicable CC&Rs for <br />Mountain Star. <br />"Developed On-Site Recreational Facilities'' means indoor and outdoor recreational <br />facilities and uses. and may include, but are not limited to, golf courses (including accessory <br />Suncadio Masi.er Planned Resort Development Agrccmc:nt (Amended and Restoted 12--02·2008} Page 12