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Filed for Record 04/16/2009 04 :48 :53 PM -Kittitas County, WA Auditor -200904160090 Page 45 of 118 <br />(c) A preliminary plat application may be approved by the BOCC without <br />evidence of an adequate water supply to meet the needs of such proposed subdivision, provided <br />that such evidence must be provided to the BOCC prior to final plat apprm1al. Appropriate <br />provisions shall have been made for the public health. safety and general welfare. including with <br />respect to proposed sewage disposal and water supply systems, including potable water supplies, <br />in accordance with RCW 58.17.1 l O with respect to any final plat that is consistent with <br />Applicable Law. this Agreement and the MountainStar MPR Conditions. <br />5.3 Infrastructure, Surety Bonding or Other Assurances. Infrastructure identified <br />by Trcndwest in an approved Site Development Plan must be provided and available for use <br />before the issuance of the first certificate of occupancy for Master Planned Resort <br />Accommodation Units included within such plan. For purposes of final plat approval or issuance <br />of building permits, infrastructure may be guaranteed through surety bonding or other financial <br />assurance device (e.g. letter of credit) acceptable to the County. The estimated costs of <br />providing all such guaranteed Infrastructure shall be reviewed and approved by the County <br />Public Works Director or designee. Surety bonding or other acceptable financial device (e.g. <br />letter of credit) provided to the County shall be in an amount equal to at least one hundred ten <br />percent (110%) percent of such estimated costs as determined by Trendwest's architects and <br />engineers. The County shall have the right, at its expense, to retain its own architects and <br />engineers to verify Trendwest 's estimated costs hereunder. <br />5.4 Permit Issuance. Building permits and other Subsequent Actions required for <br />the development of MountainStar shall be issued only after the County building official confirms <br />with the Planning Director that the work to be performed under the building pennit or <br />Subsequent Action substantially confonns with an approved Site Development Plan. <br />Suncadiu Maslcr Planned Resort Development Agreement (Amended and Restated 12-02-2008) Page44