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of competent jurisdiction in lieu of the County modif)'ing Trendwest's vested rights under this <br />Agreement in response to any such final and binding decision. <br />(b) Permitted Uses and MPR Approvals for MountainStar. The (i) <br />Permitted Uses ofMountainStar, (ii) the density and intensity ofthe use of the Trendwest <br />Property. (iii) the maximum height bulk and size of proposed buildings. (iv) the provisions for <br />reservation or dedication of land for open space and other common purposes. (v) the location of <br />public utilities, (vi) and other terms and conditions of development applicable to MountainStar <br />shall be as set forth in the MPR Approvals and this Agreement, including the Development <br />Standards set forth in Section 4.1(d) ofthis Agreement. <br />(c) Applicable Law. The rules. regulations, official policies, standards and <br />specifications applicable to MountainStar shall be those set forth in the MPR Approvals and this <br />Agreement. including the Development Standards set forth in Section 4.J(d) ofthis Agreement <br />( .. Applicable Law'"). To the c:\.'tent not addressed by the MPR Approvals or by this Agreement, <br />the Applicable Law shall also include approved Subsequent Actions. those provisions of <br />Chapters 36.70A (Growth Management) and 58.17 RCW (Plats. Subdivisions, and Dedications) <br />and the Kinitas County Code, EXHIBITS K. Land H, respectively. are incorporated herein. the <br />County's Comprehensive Plan (including Chapter 2.4 related to Master Planned Resorts). all <br />uncodified County ordinances and resolutions. as well as all other federal, state and County <br />rules. regulations. official policies. standards and specifications in force and effect on the Vesting <br />Date. Except as otherwise specifically provided herein, all references in this Agreement to <br />federal, state and County laws. rules, regulations, official policies. standards and specifications <br />shall be governed by and construed as Applicable Law in accordance with this section to which <br />Trendwest is vested pursuant to Section 4.1 (a) above. <br />Suncadia Master Planned Resort Development Agreement (Amended and Restated 12...()2-2008) Page 23 <br />Index #32