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28.Amended and Restated Development Agreement relating to the development commonly known <br />as Suncadia Master Planned Resort,and the terms and conditions thereof, executed by and <br />between the parties herein named; <br />Between:Kittitas County,a Washington municipal corporation and Suncadia LLC,a Delaware <br />limited liability company <br />Recorded:April 16,2009 <br />Auditor's File No.:200904160090 <br />Said document amends and restates the 2000 Agreement recorded October 24,2000 under <br />Kittitas County Auditor's File No.200010240006. <br />Resolution No.2009-78 adopting the Seventh Amendment to Development Agreement,and the <br />terms and conditions thereof,recorded June 12,2009,under Auditor's File No.200906120039. <br />29.Declaration of Covenant for Cle Elum River Corridor Open Space Area Mountainstar Master <br />Planned Resort,including the terms and provisions thereof,recorded August 21,2003,under <br />Kittitas County Auditor's File No.200308210003. <br />30.Agreement and Covenant for Collection of Payment of Combined Qualification Payment for <br />Extension of Natural Gas Service,and the terms and conditions contained therein <br />Between:Mountainstar Resort Development,LLC <br />And:Puget Sound Energy,Inc. <br />Recorded:April 16,2004 <br />Instrument No.:200404160016 <br />31.Covenants,conditions and restrictions,but omitting any covenant or restriction based on race, <br />color,religion,sex,sexual orientation,disability,handicap,familial status,marital status,ancestry, <br />national origin or source of income,as set forth in applicable state or federal laws,except to the <br />extent that said covenant or restriction is permitted by applicable law. <br />Recorded:June 20,2004 <br />I Instrument No.:200407200038 <br />Modification(s)of said covenants, conditions and restrictions <br />Recorded:June 22,2005 <br />Instrument No:|200506220002 <br />Affects: Portion withinTract G-1 <br />32.Second Amended and Restated Covenant for Community Enhancement of Suncadia, including <br />the terms and provisions thereof,recorded July 20,2004,under Auditor's File No. <br />200407200039 <br />This covenant amends and restates in its entirety the covenant originally recorded under Auditor's <br />File No.200311180019 and Amendment recorded under Auditor's File No.200402170064. <br />33. Cle Elum River Corridor Grant of Conservation Easement,including the terms and provisions <br />thereof,recorded September 2,2004,under Auditor's File No.200409020038,between <br />Mountainstar Resort Development,LLC,a Delaware Limited Liability Company. <br />34.Grant of Provisional, Non-Exclusive Easement,including the terms and provisions thereof, <br />recorded October 8,2004, under Auditor's File No.200410080055,in favor of Kittitas County, <br />Washington,a Municipal Corporation.Said document grants "under the same terms and <br />conditions"easements as setforth in documents recorded October 5,2004,setforth in documents <br />recorded October 5,2004, under Auditor's File No.'s 200410050012 through 200410050015. <br />Subdivision Guarantee Policy Number: 72156-46840370 <br />Index #15