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Filed for Record 04/16/2009 04:48:53 PM -Kittitas County, WA Auditor -200904160090 Page 103 of 118 Trendwest pursuant to the timeframes identified in the referenced Conditions with copies provided by Trendwest to any "Affected Jurisdiction or Public Body" (as defined in the Development Agreement). (b) An Affected Jurisdiction or Public Body shall have an opportunity to submit comments to the County regarding the results of the monitoring reports and the need for any review and adjustment of mitigation required under applicable Conditions of Approval in light of the monitoring results. The County shall review the monitoring reports as to completeness and conclusions, and, with the participation ofTrendwest, shall determine the need for additional data or need for adjustments to the mitigation required under the Conditions of Approval based on the monitoring reports. Adjustments to the mitigation required under the Conditions of Approval may include imposing additional mitigation, reducing or eliminating mitigation requirements, or altering the timing of mitigation. The County may also determine that no adjustments to mitigation requirements under the Conditions of Approval are warranted based on the monitoring reports. (c) The County shall notify Trendwest in writing within thirty (30) days from receipt of a monitoring report whether such report identifies a need for adjustments to mitigation required under the Conditions of Approval. Trendwest shall respond and any adjusted mitigation shall be implemented within sixty (60) days of the date of the County's letter, unless otherwise agreed to by Kittitas County. F. ENFORCEMENT. Kittitas County has identified the following Conditions necessary to properly enforce the Conditions of Approval for the MountainStar Resort. F-1 (a) In the event the County determines that Trendwest is not in compliance with a Condition of Approval, the County shall provide Trendwest with written notice of non-compliance. The written notice shall identify the specific Condition of Approval and the alleged basis for non- compliance. Trendwest shall have ninety (90) days from the date of receiving a written notice of alleged non-compliance from the County in which to cure the alleged non-compliance. Trendwest and the County shall cooperate in good faith to infonnally resolve any alleged non- compliance. (b) lfTrendwest and the County are unable to resolve Trendwest's alleged non-compliance with a Condition of Approval, Trendwest may appeal the County's written determination ofnon- compliance to the Board of County Commissioners ("Board") pursuant to appeal procedures in the Kittitas County Code for appeals of County administrative detenninations. The Board shall render a written decision regarding Trendwest's alleged non-compliance with a Condition of Approval following an appeal hearing. (c) If a dispute continues to exist following a decision by the Board, either Kittitas County or Trendwest may give written Notice of a Demand for Mediation ("Notice of Mediation") to the other party. Within five (5) days of the receipt ofa Notice of Mediation, Trendwest and the County shall select a mediator, who must be a licensed attorney with experience as a mediator or arbitrator, and with a minimum of fifteen ( 15) years of cumulative experience in the areas of municipal law, land use law, and commercial real estate or commercial litigation, A meeting Suncadia MPR Conditions of Approval December 2, 2008 Page 35