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Filed for Record 04/16/2009 04:48 :53 PM -Kittitas County, WA Auditor-200904160090 Page 19 of 118 <br />"SEPA '' shall mean the Washington State Environmental Policy AcL Ch. 43.21 C RCW, <br />as set forth in Recital 1(4) of this Agreement. <br />"Short-Term Visitor Accommodations·· means the following Master Planned Resort <br />Accommodation Units: (i) hotel or motel units; (ii) time-share and fractionally-owned units; (iii) <br />recreational vehicle sites with power and water; and (iv) vacation and second homes as defined <br />below. A vacation or second home is a Short~Tenn Visitor Accommodation for all purposes <br />under this Agreement unless its owner(s) or occupant(s). or any one of them. is either (i) <br />registered to vote at such unit's MountainStar address or (ii) receives its/their Kittitas County <br />annual property tax assessment for such unit at such unit's MountainStar address, in which case <br />such unit shall be considered a pennanent residence for all purposes under this Agreement. <br />"Site Development Plan" shall have that meaning set forth in Section 5.1 (a) of this <br />Agreement. <br />.. Subphase'· or "Division'' means a smaller area within a Phase, and may include one or <br />more subdivisions of land. <br />"Subsequent Actions'' shall have that meaning set forth in Section 4. l(e) of this <br />Agreement. <br />.. Tenn" shall mean thirty (30) years commencing upon the Effective Date. as set forth in <br />Section 1.2 of this Agreement. <br />"'Transfer Agreement"' shall have the meaning set forth in Section 9 of this Agreement. <br />"Trendwest" shall mean Suncadia and/or collectively Trendwest Resorts, Inc. and <br />Trendwest Investments, Inc., as set forth in the Preamble of this Agreement. <br />"Trendwest Investments"" shall mean Trendwest Investments, Inc., a Washington <br />corporation, as set forth in the Preamble of this Agreement. <br />Suncadia Ma.~ler Planned Rc.~ort l)cvelnpment A(UCCfflent (Amended and Reslatcd 12-02-2008)