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Filed for Record 04/16/2009 04:48:53 PM -Kittitas County, WA Auditor -200904160090 Page 30 of 118 <br />(11) Density. The overall density (the average number of Master <br />Planned Resort Accommodation Units per acre) of the Trendwest Property shall not exceed one <br />(I) Master Planned Resort Accommodation Unit per acre; provided, however, that it is <br />anticipated that the developed portions of the Trendwest Property will achieve much higher <br />densities than set forth above in order to maximize Open Space. <br />(e) Subsequent Actions. Trendwest may apply for other land use actions. <br />approvals, agreements, pennits or entitlements (colJectively, the "Subsequent Actions'') <br />necessary or desirable to the development of MountainStar. Except to the extent additional <br />environmental review has resulted in the imposition of new conditions pursuant to Sections 4.1 (i) <br />or 5.J(c), applications for Subsequent Actions shall be vested pursuant to Section 4.J(a) to <br />Applicable Law as set forth in Section 4. l(c) of this Agreement. Subsequent Actions include <br />County approval of General Site Plans and/or Site Development Plans for individual Phases or <br />Subphases of the development of Mountain Star to implement the MountainStar Resort <br />Conceptual Master Plan. The specific processes for review and approval of General Site Plans <br />and Site Development Plans are set forth in Section 5.1 below. Subsequent Actions also include, <br />without limitation, the following: building pennits; certificates of occupancy; lot line or <br />boundary adjustments; subdivisions (including preliminary and final plat approval); <br />resubdivisions; amendments to, or repeal of. this Agreement, the MPR Approvals or Subsequent <br />Actions; forest practice pennit applications; and shoreline substantial development permits <br />pursuant to the Shorelines Management Act, Ch. 90.58 RCW, The County reserves the right to <br />deny or condition applications for Subsequent Actions that are inconsistent with Applicable Law <br />or this Agreement. <br />(f) No Conflicting Enactments. Except as otherwise specifically set forth in <br />Suncadia MIISler Planned Resort Devclormenl Agreement (Amended and Re~lll.t.d 12·02-2008) Page 29