Laserfiche WebLink
Filed for Record 04/16/2009 04:48:53 PM -Kittitas County, WA Auditor -200904160090 Page 53 of 118 <br />(d) Trendwest shall be free from any and all liabilities accruing on or after the <br />date of any assignment or transfer with respect to those obligations assumed by a transferee <br />pursuant to an approved Transfer Agreement. l\o breach or default hereunder by any person that <br />assumes any portion ofTrendwest's obligations under this Agreement pursuant to an approved <br />Transfer Agreement shall be attributed to Trendwest, nor may Trendwest's rights hereunder or <br />under the MPR Approvals be canceled or diminished in any way by any such breach or default. <br />(e) No breach or default hereunder by Trendwest shall be attributed to any <br />person succeeding to any portion ofTrendwest's rights or obligations under this Agreement, nor <br />shall such transferee's rights be cancelled or diminished in any way by any such breach or <br />default. <br />9.3 Transfer Agreements Not Requiring Consent. <br />(a) The provisions of Section 9.2 above notwithstanding, a Transfer <br />Agreement shall not require County consent or County consultation with an Affected Jurisdiction <br />or Public Body if such agreement relates to the transfer of: (i) any single residential parcel <br />conveyed to a purchaser, (ii) any condominium, time-share or fractionally-owned unit conveyed <br />to a purchaser, (iii) any property transferred as fewer than twenty (20) lots in a single transaction <br />to a single builder, or (iv) any property that has been established as a separate legal pw-cel for a <br />golf course, commercial, open space, park, hotel, or other use agreed to by Trendwest and the <br />County as long as Trendwest or its assigns retain all obligations and responsibilities pursuant to <br />this Agreement. and the MPR Approvals and Subsequent Actions, except for those obligations <br />and responsibilities that can be fulfilled exclusively within the boundaries of, and by the <br />development upon , the parcel or parcels transferred ("Parcel Obligation"). Parcel Obligations <br />include, by way of illustration and without limitation, such items as individual lot landscaping or <br />Suncadie Master Planned Resort Development A~enl (Amended 111d Rcsta1cd 12-02-2008) Plll!e 52