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Filed for Record 04/16/2009 04 :48:53 PM -Kittitas County, WA Auditor-200904160090 Page 48 of 118 <br />Section 6. AMENDMENT <br />This Agreement may be amended from time to time, in whole or in part, by mutual <br />written consent of the Parties or their successors in interest, in accordance with this Agreement <br />as follows, provided that. except to the extent any amendment pertains to any Parcel <br />Obligation(s) which has been assigned or transferred by Trendwest, "successors in interest"' shall <br />not include and shall not require the consent of any person or entity acquiring property or rights <br />within the MPR: <br />6.1 Insubstantial Amendments. Any amendment to this Agreement that does not <br />relate to (i) the Term of this Agreement, (ii) Pennitted or Conditionally Pennitted Uses for <br />MountainStar and the Trendwest Propeny, (iii) provisions for reservation or dedication ofland, <br />(iv) conditions, tenns, restrictions, or requirements for discretionary decisions in connection with <br />Subsequent Actions, (v) the density or intensity of use of MountainStar, (iv) the development <br />standards for MountainStar, or (vii) monetary contributions by Trendwest, shall not, except to <br />the extent otherwise required by law , require notice or public hearing before the Parties may <br />execute an amendment lo this Agreement. The County retains the authority to review and <br />approve insubstantial amendments in an open public meeting. <br />6.2 Amendments of the MPR Approvals or Subsequent Actions. No amendment <br />of the MPR Approvals or any Subsequent Action shaJI require amendment to this Agreement. <br />Instead, any such amendment automatically shall be deemed to apply to MountainStar and made <br />subject to this Agreement. Nothing in this subsection shall modify the limitations applicable to <br />such amendments established by this Agreement. <br />6.3 Parties Required to Amend. Where a portion ofTrendwest's rights or <br />obligations have been transferred pursuant to a ·'Transfer Agreement'' as defined in Section 9 <br />Suncadia Masu::r Planned Resort De\'dopmcnl Agreement (Amended Bild Restated 12-02-2008) P8f.e 47