Laserfiche WebLink
Filed for Record 04/16/2009 04:48:53 PM -Kittitas County, WA Auditor -200904160090 Page 47 of 118 <br />Applicable Law (including Section 4. l(c) of this Agreement), and the County shall approve the <br />application if subsequently resubmitted for the County's review if it complies with the speci fled <br />modifications. <br />S.6 Eminent Domain Power. The County shall cooperate with Trendwest in <br />implementing the MountainStar Resort Conceptual Master Plan, the MPR Project Development <br />Permit and MountainStar MPR Conditions, and the Subsequent Actions. If the following <br />conditions are met, the County's obligation to cooperate with Trcndwest to allow ii to comply <br />with a MountainStar MPR Condition, provision of Applicable Law, or requirement in connection <br />with an application for a Subsequent Action shall include the lawful use by the County of its <br />eminent domain power: (i) the use of such power shall be limited to conditions related to traffic <br />impacts (e.g. required improvements to a public road); (ii) Trendwest shall have first made every <br />reasonable effort to comply with such condition, law or application requirement without the <br />exercise by the County of its power of eminent domain; (iii) Trendwest shall have considered <br />reasonable modifications to the development of Mountain Star thac cou Id eliminate the need for <br />the County to exercise its power of eminent domain in connection with such condition. law or <br />application requirement; and (iv), if applicable, the County has chosen not to waive or amend the <br />requirements of such condition , law or application requirement. Trendwest shall be responsible <br />for its Proportionate Share of any and all costs (including real property acquisition costs) <br />incurred by the County in the exercise of its power of eminent domain hereunder . <br />S.7 Other Governmental Permits. Trendwesl shall apply for such other permits wid <br />approvals as may be required by other governmental or quasi-governmental agencies in <br />connection with the development of, or the provision of services to. MountainStar. The County <br />shall cooperate with Trendwest in its efforts to obtain such permits and approvals. <br />Suncadie Master Planned Resort Development Agn:cment CArnencled and Re~uited 12-02-2008) Page 46