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Fi led for Record 04/16/2009 04:48:53 PM -Kittitas Gou nty, WA Auditor -200904160090 Page 24 of 118 <br />of competent jurisdiction in lieu of the County modifying Trendwest's vested rights under this <br />Agreement in response to any such final and binding decision. <br />(b) Permitted Uses and MPR Approvals for MountainStar. The (i) <br />Permitted Uses ofMountainStar, (ii) the density and intensity of the use of the Trendwest <br />Property, (iii) the maximum height, hulk and size of proposed buildings. (iv) the provisions for <br />reservation or dedication of land for open space and other common purposes, (v) the location of <br />public utilities, (vi) and other terms and conditions of development applicable to MountainStar <br />shall be as set forth in the MPR Approvals and this Agreement. including the Development <br />Standards set forth in Section 4.1 (d) of this Agreement. <br />(c) Applicable Law. The rules, regulations, official policies, standards and <br />specifications applicable to MountainStar shaJI be those set forth in the MPR Approvals and this <br />Agreement, including the Development Standards set forth in Section 4. I ( d) of this Agreement <br />("'Applicable Law-). To the extent not addressed by the MPR Approvals or by this Agreement, <br />the Applicable Law shall also include approved Subsequent Actions, those provisions of <br />Chapters 36.70A (Growth Management) and 58.17 RCW (Plats, Subdivisions, and Dedications) <br />and the Kinitas County Code, EXHIBITS K, Land H, respectively, are incorporated herein, the <br />County's Comprehensive Plan (including Chapter 2.4 related to Master Planned Resorts), all <br />uncodified County ordinances and resolutions, as well as all other federal, state and County <br />rules, regulations. official policies, standards and specifications in force and effect on the Vesting <br />Date. Except as otherwise specifically provided herein, all references in this Agreement to <br />federal, state and County laws, rules, regulations, official policies, standards and specifications <br />shalJ be governed by and construed as Applicable Law in accordance with this section to which <br />Trendwest is vested pursuant to Section 4.l(a) above. <br />Suncaclia Master Planned Resort Development Agrcemetil (Amended and Restated 12-02-2008) Page 23