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buffering requirements. building setback. height or design requirements. wood-burning stove <br />prohibitions, and access and infrastructure to be constructed solely within the boundaries of the <br />parcel and intended to serve only the huilding(s) or uses located within that parcel. To be <br />eligible for a transfer without consent pursuant to this subsection. Trendwest or its assigns shall <br />retain all obligations and responsibilities pursuant to the MPR Approvals and Subsequent <br />Actions (other than those that can be fulfilled exclusively within the boundaries of, and by the <br />development on. the individual parcel). including. by way of illustration and without limitation, <br />such items as overall project impact monitoring, public facility and fiscal impact mitigation <br />(except for parcels transferred to a single builder hereunder), overall infrastructure necessary to <br />serve more than one parcel of the Resort development, and offsite traffic mitigation. <br />(b) The transferee in such a transaction and its successors shall be deemed to <br />have no obligations under this Agreement other than the Parcel Obligations. provided that the <br />transferee shall be bound by all conditions in the MPR Project Development Permit and <br />MountainStar MPR Conditions deemed applicable by Trendwest and the County and embodied <br />in CC&Rs. and shall continue to benefit from the vested rights provided by this Agreement for <br />the duration of the Term. Nothing in this section shall exempt any property transferred from <br />payment of applicable fees and assessments or compliance with applicable conditions of <br />approval. <br />9.4 Notices. Any notice or communication required by this Agreement between the <br />County and Trendwest must be in writing. and may be given either personally, electronically <br />\Vith evidence or receipt or by express delivery service. return receipt requested. lfgiven by <br />registered or certified mail, such notice or communication shall be deemed to have been given <br />and received on the first to occur of (i) actual receipt by any of the addressees designated below <br />Suncadia Master Planned Resort Development AgTeement (Amended and Restated 12-02-2008) Page 53 <br />Index #32