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<br />1. Forterra shall continue to work with the owners of Hairpin Ranch and <br />endeavor to negotiate a purchase and sale agreement and easement terms for a <br />conservation easement on approximately 273acres of the 300-acre property <br />(hereafter, the “Project”). The County shall have final approval of a) the <br />Purchase and Sale Agreement before Forterra executes it; and b) the <br />conservation easement terms before Forterra and the County both execute the <br />easement. <br /> <br />2. Forterra shall continue to coordinate funding for the Project through the <br />federal Natural Resources Conservation Service (NRCS) farmland protection <br />program, the Washington State Recreation and Conservation Office (RCO) <br />farmland protection program, and, if necessary, through such other grant and <br />funding programs as Forterra in its discretion determines are reasonable <br />avenues to obtain funding for the Project. <br /> <br />3. Pending the County signing the attached “Applicant Authorizing/Resolution” <br />form, Forterra, the County and RCO will enter into a contract for funding to <br />secure the State grant award for the Project. If Forterra’s application for <br />federal grant funding is successful, Forterra agrees to enter into a contract <br />with NRCS to secure the federal grant award for the Project. If monies <br />bestowed from the State and Federal grants for this Project are not the original <br />amount that was promised when the grant agreements were executed, the <br />County reserves the right to terminate the Project, this Agreement, and any <br />further negotiations with the property owner. <br /> <br />4. Forterra agrees to continue serving as the coordinating agent between itself, <br />the landowner, the state and federal grant agencies, and the County, in <br />pursuing the Project. Forterra agrees to undertake the negotiation and drafting <br />of the purchase and sale agreement and conservation easement. Forterra <br />agrees to provide staff support to guide the Project through acquisition, <br />including title review and escrow coordination. <br /> <br />5. The County understands and agrees that Forterra will seek coverage from one <br />or both of the grants to cover Forterra’s staff time and actual expenses to the <br />extent possible. Forterra understands and agrees that the County is not <br />responsible for any costs or expenses in pursuit of the Project. <br /> <br />6. In the event there is sufficient grant funding to complete the Project and the <br />owners of Hairpin Ranch have accepted the appraised fair market value as the <br />purchase price, the County shall review and, within the County’s discretion, <br />approve (with such approval not unreasonably withheld) the terms and <br />language of a conservation easement on Hairpin Ranch. Upon the County’s <br />approval of the conservation easement, Forterra and the County agree to <br />complete the acquisition and serve as co-holders of the conservation <br />easement.