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5. Having consulted with Affected Jurisdictions listed in the Development Agreement, <br />only the City of Cle Elum has come forth and stated that they support the transfer as <br />long as it does not affect or modiff the Development Agreement it has with Suncadia; <br />and <br />6. Though Suncadia Resort is familiar with the Development Agreement's terms, <br />conditions, and obligations, and fully intends to responsibly execute the responsibilities <br />set forth therein, Kittitas County has identified a series of chronic compliance <br />deficiencies (list attached hereto and incorporated herein by this reference as Exhibit <br />"A") involved with the resort that, given that the managing entity is to remain the same, <br />Suncadia Resort will need to, and indeed agrees to, exert additional influence and <br />resources to bring into compliance with the Development Agreement; and <br />7. Based upon the information presented, Suncadia Resort has the requisite experience <br />and financial capability to assume and perform the obligations created by the <br />Development Agreement thereby justifuing the release of New Suncadia; and <br />8. New Suncadia and Suncadia Resort have executed that certain Agreement Ratiffing <br />and Confirming Development Agreement By and Between Kittitas County, <br />Washington, New Suncadia, LLC and Suncadia Resort, LLC (the "Agreement") which <br />contains the above understandings. <br />NOW, THEREFORE, be it resolved by the Board of County Commissioners, after due <br />deliberation, that Kittitas County does, pursuant to Paragraph 9 of the Amended and Restated <br />Development Agreement : <br />1. Consent to the transfer, as conditioned herein, of New Suncadia LLC's property, <br />entitlements, obligations, covenants, and conditions under the Development Agreement, including, <br />but not limited to the MPR Approvals and the Subsequent Actions, as those terms are defined in <br />the Development Agreement, to Suncadia Resort, LLC; and <br />2. Approve and authorize Board Chair's signature on the Agreement; and <br />IN WITNESS WHEREOF, this Agreement has been entered into as of this <br />July,202l. <br />KITTITAS COUNTY OF <br />COMMISS <br />ktauv or <br />( <br />By:th, Chairman <br />Vice-Chairman <br />ABSENT <br />By: <br />bu,Lwt\ <br />Ul,st tU oC <br />-{4-{- <br />8aa'.L <br />By: Cory Wright, Commissioner <br />CItCu*T <br />Page 2 of 3