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Filed for Record 04/16/2009 04 :48:53 PM -Kittitas County, WA Auditor -200904160090 Page 70 of 118 consistent with the Comprehensive Plan and Zoning Code, including any amendments adopted for the MPR Subarea Plan and Zoning District, adopted at the time of MPR Approval. A-2 (a) Required Infrastructure and Utilities, as defined in the Development Agreement, shall be installed and completed or bonded or other financial guaranties or accommodations made for their completion prior to final plat approval of each subphase. Infrastructure and Utilities required to serve any Phase or Division of development shall be completed concurrent with approval of occupancy of the subject Phase or Division. (b) The phasing of projects shall be in a way that fire protection can be maintained to protect the previous phase or phases. Water supplies for fire fighting and roads must be made available at the earliest point to allow the sites to be protected. As roads and paths become the established fire department/emergency access, maps should be kept up to date, with street names posted. Each development application shall specify how it relates to the overall MPR phasing program. A-3 The amount of land developed for specific land uses (i.e., residential, recreation) shall be as indicated in the MPR Development Application, as updated in the Development Agreement and the MountainStar Resort Conceptual Master Plan attached to the Development Agreement as Exhibit B. Specifically, the Resort may include up to: 327 hotel/lodge units; I 070 condominium units; and 3253 single family lots for a total of 4650 accommodation units. The nomenclature and criteria of Table 2-1 of the MPR FEIS no longer apply. Open space shall be governed by Conditions A-4, A-5 and A-6. Consistent with the nature of long-term master planned development projects, changes may be proposed in response to market conditions, economic/financial or conditions or for other unanticipated reasons. As noted in the County's August 8 Staff Report in paragraph 8 of its Findings, the amount of land shown in the application and Final EIS to be developed for specific land uses is considered a maximum "budget" for those uses; flexibility is intended in regard to the siting of approved land uses. Changes in the amount of land allocated to approved uses, if proposed in subsequent general site plans or site development plans, or any proposed deviation from the Conceptual Master Plan, shall be reviewed and determined based on applicable procedures in MPR Development Agreement. Any changes to the locations, type or intensity of land uses shall be consistent with applicable MPR Policies and shall be considered in the context of any minimums or maximums established by these Conditions and consistency with environmental conditions. A-4 Open space lands within the MPR shall at a minimum include the following identified in the MountainStar EIS: Natural and Managed Lands that are retained in a substantially undeveloped state, which may include forested lands that are managed for habitat (approximately 2,700 acres); Perimeter Buffers around the perimeter of the MPR site (approximately 250 acres); Internal Buffers within the MPR site (approximately 1,300 acres); and Golf Courses (approximately 300 acres). Open space lands shall be segregated from other lands and shall be subject to a deed restriction, conservation easement or other mechanism ensuring permanent maintenance as open space. Prior to approval of the first site development plan for a phase or subphase, the applicant shall create one or more legal entities (e.g., conservation trust, homeowners associations or Trendwest management entity) which shall be responsible for maintaining open space lands on the site for their intended purpose. Suncadia MPR Conditions of Approval December 2, 2008 Page2