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33.Amended and Restated DevelopmentAgreement 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 DevelopmentAgreement,and the
<br />terms and conditions thereof,recorded June 12,2009,under Auditor's File No.200906120039.
<br />34.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 />35.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 />36.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 />Instrument No.:200407200038
<br />Modification(s)of said covenants,conditions and restrictions
<br />Recorded:June 22,2005
<br />Instrument No:200506220002
<br />Affects:Tract G-1
<br />37.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 />38.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 />39.Declaration of Non-Exclusive Easement (Jenkins Drive), including the terms and provisions
<br />thereof,recorded October 5,2004,under Auditor's File No.200410050012.
<br />Affects:Portion of Sections 14 and 23,Township 20 North,Range 14 East,W.M.
<br />SubdivisionGuarantee Policy Number:72156-46306013
<br />Index #7
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