Transfer Agreements Not Requiring Consent. (a) The provisions of Section 9.2 above notwithstanding, a Transfer Agreement shall not require County consent or County consultation with an Affected 15 Jurisdiction or Public Body if such agreement relates to the transfer of: (i) any single 17 residential parcel conveyed to a purchaser, (ii) any condominium, time-share or 18 fractionally-owned unit conveyed to a purchaser, (iii) any property transferred as fewer 19 than forty (40) lots in a single transaction to a single builder, or (iv) any property that has been established as a separate legal parcel for an alpine or cross-country skiing use, 22 commercial, open space, park, hotel, or other use agreed to by Tamarack and the County 23 as long as Tamarack or its assigns retain all obligations and responsibilities pursuant to this 24 Agreement, and the MPR Permit and Subsequent Actions, except for those obligations and 25 responsibilities that can be fulfilled exclusively within the boundaries of, and by the 1 development upon, the parcel or parcels transferred (“Parcel Obligation”). Parcel Obligations include, by way of illustration and without limitation, such items as individual lot landscaping or buffering requirements, building setback, height or design requirements, 5 wood-burning stove prohibitions, and access and infrastructure to be constructed solely 6 within the boundaries of the parcel and intended to serve only the building(s) or uses 7 located within that parcel. To be eligible for a transfer without consent pursuant to this 8 subsection, Tamarack or its assigns shall retain all obligations and responsibilities pursuant to the MPR Permit and Subsequent Actions (other than those that can be fulfilled 11 exclusively within the boundaries of. and by the development on, the individual parcel), 12 including, by way of illustration and without limitation, such items as overall project 13 impact monitoring, public facility and fiscal impact mitigation (except for parcels transferred to a single builder hereunder), overall infrastructure necessary to serve more than one parcel of The Expansion development, and offsite traffic mitigation.
(b) The transferee in such a transaction and its successors shall be 18 deemed to have no obligations under this Agreement other than the Parcel Obligations, 19 provided that the transferee shall be bound by all conditions in the MPR Project 20 Development Permit and The Expansion MPR Conditions deemed applicable by Tamarack 22 and the County and embodied in CC&Rs, ...
