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Fi led for Record 04/16/2009 04 : 48: 53 PM -Kittitas County, WA Auditor -200904160090 Page 59 of 118 <br />J 1-1 Counterparts. Two copies of this Agreement shall be signed by each party, each <br />of which copy is deemed to be an original. <br />11.2 Entire Agreement. This Agreement is an amendment and restatement of the <br />2000 Agreement, and the 2000 Agreement shall survive only to the extent not superseded by <br />this Agreement. To the extent there is a conflict between the 2000 Agreement (including its <br />exhibits) and this Agreement, this Agreement and its exhibits shall control. This Agreement <br />consists of sixty.three (63) pages. including two (2) notary acknowledgement pages, 13 Exhibits <br />attached to the 2000 Agreement, and 4 Exhibits attached hereto, which, collectively. constitute in <br />full, the final and exclusive understanding and agreement of the Parties and supersedes all <br />negotiations or previous agreements between the Parties with respect to all or any part of the <br />subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and <br />signed by the appropriate authorities of the County and Trendwest. <br />11.3 Exhibits. <br />l 1.3.1 1000 Exhibits. The following exhibits are attached to the 2000 <br />Agreement (the ''2000 Exhibits"), are not attached to this Agreement, but are incorporated herein <br />for all purposes. subject to the amendments thereto contained in Section 11.3.2 hereinbelow: <br />Exhibit A Legal Description for Trendwest Property <br />Exhibit B MountainStar Resort Conceptual Master Plan dated September, 2000, as <br />amended per Section 5.l(f) <br />Exhibit C <br />Exhibit D <br />Exhibit E <br />MountainStar Subarea Plan (Ordinance No. 2000-12) . as amended <br />Master Planned Resort Zoning District (Ordinance No. 2000-13) <br />Rezone (Ordinance No. 2000-14) <br />Suncadia Master Planned Resort Devdopmcnl Agn,c:mi:nl (Amended and RcstalCd 12-02-2008) !'age S8