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Filed for Record 04/16/2009 04:48:53 PM -Kittitas County, WA Auditor -200904160090 Page 54 of 118 <br />buffering requirements, building setback, height or design requirements, wood-burning stove <br />prohibitions, and access and infrastructure to be constructed solely within the boundaries of the <br />parcel and intended to serve only the building(s) or uses located within that parcel. To be <br />eligible for a transfer without consent pursuant to this subsection, Trendwest or its assigns shall <br />retain all obligations and responsibilities pursuant to the MPR Approvals and Subsequent <br />Actions (other than those that can be fulfilled exclusively within the boundaries of. and by the <br />development on, the individual parcel), including, by way of illustration and without limitation, <br />such items as overall project impact monitoring, public facility and fiscal impact mitigation <br />(except for parcels transferred to a single builder hereunder), overall infrastructure necessary to <br />serve more than one parcel of the Resort development, and offsite trd.ffic mitigation. <br />(b) The transferee in such a transaction and its successors shall be deemed to <br />have no obligations under this Agreement other than the Parcel Obligations, provided that the <br />transferee shall be bound by all conditions in the MPR Project Development Permit and <br />MountainStar MPR Conditions deemed applicable by Trendwest and the County and embodied <br />in CC&Rs, and shall continue to benefit from the vested rights provided by this Agreement for <br />the duration of the Tenn. Nothing in this section shall exempt any property transferred from <br />payment of applicable fees and assessments or compliance with applicable conditions of <br />approval. <br />9.4 Notices. Any notice or communication required by this Agreement between the <br />County and Trendwest must be in writing, and may be given either personally, electronically <br />with evidence or receipt or by express delivery service, return receipt requested. If given by <br />registered or certified mail, such notice or communication shall be deemed to have been given <br />and received on the first to occur of (i) actual receipt by any of the addressees designated below <br />Suncadia Ma.~ter Planncll Rei;ort DevelcpmcnL Agreement (Amended and Restated 12-02-2008) Page 53