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Trend\vest pursuant to the timeframes identified in the referenced Conditions with copies <br />provided by Trendwest to any "Affected Jurisdiction or Public Body" (as defined in the <br />Development Agreement). <br />(b) An Affected Jurisdiction or Public Body shall have an opportunity to submit comments to the <br />County regarding the results of the monitoring repmts and the need for any review and <br />adjustment of mitigation required under applicable Conditions of Approval in light ofthe <br />monitoring results. The County shall review the monitoring reports as to completeness and <br />conclusions. and, with the participation ofTrendwest, shall determine the need for additional <br />data or need for adjustments to the mitigation required under the Conditions of Approval based <br />on the monitoring reports. Adjustments to the mitigation required under the Conditions of <br />Approval may include imposing additional mitigation, reducing or eliminating mitigation <br />requirements. or altering the timing of mitigation. The County may also determine that no <br />adjustments to mitigation requirements under the Conditions of Approval are warranted based on <br />the monitoring reports. <br />(c) The County shall notify Trend west in writing within thirty (30) days from receipt of a <br />monitoring report whether such report identifies a need for adjustments to mitigation required <br />under the Conditions of Approval. Trend west shall respond and any adjusted mitigation shall be <br />implemented within sixty (60) days ofthe date ofthe County·s letter, unless otherwise agreed to <br />by Kittitas County. <br />F. ENFORCEMENT. Kittitas County has identified the following Conditions necessary to <br />properly enforce the Conditions of Approval for the MountainStar Resort. <br />F-1 (a) In the event the County detcnnines that Trendwest is not in compliance with a Condition <br />of Approval, the County shall provide Trendwest with written notice of non-compliance. The <br />\Vritten notice shall identify the specific Condition of Approval and the alleged basis for non- <br />compliance. Trendwest shall have ninety (90) days from the date of receiving a written notice of <br />alleged non-compliance from the County in which to cure the alleged non-compliance. <br />Trendwest and the County shall cooperate in good faith to infonnally resolve any alleged non- <br />compliance. <br />(b) lfTrendwest and the County are unable to resolve Trendwest's alleged non-compliance with <br />a Condition of Approval, Trendwest may appealthc County's written determination of non- <br />compliance to the Board of County Commissioners (''Board'') pursuant to appeal procedures in <br />the Kittitas County Code for appeals of County administrative determinations. The Board shall <br />render a written decision regarding Trendwesfs alleged non-compliance with a Condition of <br />Approval following an appeal hearing. <br />(c) If a dispute continues to exist following a decision by the Board, either Kittitas County or <br />Trend west may give written Notice of a Demand for Mediation ("Notice of Mediation") to the <br />other party. Within five (5) days ofthc receipt of a Notice of Mediation, Trendwest and the <br />County shall select a mediator. \Vho must be a licensed attorney with experience as a mediator or <br />arbitrator. and with a minimum of fi11een ( 15) years of cumulative experience in the areas of <br />municipal law, land use law. and commercial real estate or commercial litigation. A meeting <br />Suncadia MPR Conditions of Approval <br />December 2, 2008 <br />Page 35 <br />Index #32