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Filed for Record 04/16/2009 04:48 :53 PM -Kittitas County, WA Auditor -200904160090 Page 31 of 118 this Agreement, the County, including but not limited to the exercise by the BOCC of the County's police power or its taxing power , shall not apply to MountainStar or the Trendwest Property any ordinance, resolution, rule, regulation , standard, directive, condition or other measure (each, individually, a '·County Law") that is in conflict with the Applicable Law (including this Agreement) or that reduces the rights provided by this Agreement unless agreed to in writing by Trendwest or imposed by the County through the exercise of its substantive SEPA authority pursuant to Sections 4.1 (a) and 4.1 (i) of this Agreement. Without limiting the generality of the foregoing, any County Law shall be deemed to conflict with Applicable Law, including this Agreement. if it would accomplish any of the following results, either through any Subsequent Action or through the imposition of any condition of approval. by specific reference to Mountain Star in any other enactment, or as part of a general enactment that applies to or affects MountainStar: (l) otherwise limit or reduce the density of MountainStar, or any part thereof; (l) otherwise change any land use designation or Permitted or Conditionally Permitted Use of the Trendwest Property; (3) limit or control the location of buildings. structures, clearing, grading, or other improvements ofMountainStar in a manner that is inconsistent with or more restrictive than the limitations in the Applicable Law; (4) limit or control the availability of public utilities, services or facilities or any privileges or rights to public utilities, services or facilities (e.g., water rights. water connections, sewage capacity rights, sewer connect ions) for MountainStar, provided that nothing in this subsection shall be interpreted to limit the authority of any public utility, service Suncadia Mo!>ler Plenned Resort De~elopment Agreement (Amended arul Re~taled 12-02-2008) Page 30