LP-21-00002 Suncadia Ph. 3 Div 17 Tumble Creek - Master File (Indexed)

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MountainStar may be adjusted to reflect Trendwest's proportional share for correction of the diminished water quality, if any). (The parties acknowledge that the examples included in the preceding exceptions are illustrative only and that review of the MountainStar proposal and the MountainStar ElS disclose no problem such as those described in the examples. Since the MountainStar proposal precludes development in the geomorphic fioodplain, since there is no "'taking'' of a listed species or its habitat. and since the M<:lster Drainage Plan for MountainStar avoids discharges to streams, the examples included in the exceptions are used solely to describe the type of issue to which the exception could apply.) The County's modification actions under the exceptions listed above shall be limited to the minimum necessary to avoid the consequences described in the exceptions. The parties agree that the County shall advise Trendwest when the County believes any such circumstances arise and consult with Trendwest regarding the proposed modifications. The parties agree to pursue the dispute resolution procedures provided for in this Agreement and the MountainStar MPR Conditions to resolve any dispute regarding modifications under these exceptions to Trendwesfs vested rights. For any ofthese exceptions to Trendwest's vested rights to the Applicable Law under this Agreement. Trendwest shall have the right, at its sole discretion and expense, to contest any claim or allegation, or to appeal any administrative decision or judicial determination, that would authorize or require the County to modify Trendwest's vested rights under this Agreement. Trcndwest may also. at its discretion, agree to indemnify the County for the financial consequences of any final and binding decision of an administrative agency or court Suncadia Master Planned Resort Development Agreement (Amended and Restated l2-02-2008) Page 22 Index #32