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FIRSJ AMENDMENT TO WATER RIGHTS PURCHASE AND SAl,,E AGREEMENT THIS FIRST AMENDMENT TO WATER RIGHTS PURCHASE AND SALE AGREEMENT (hereinafter the "First Amendment") is made and entered into as of this 26 1b day of June, 2018 ("Effective Date ofFirstAmendment"), by and between Kittitas County, a political subdivision of the State of Washington (hereinafter "the County"), and James IU).d Hazel Treat, husband and wife (hereinafter"Seller"). Seller and the County are collectively referred to herein as the "Parties." · A. WHEREAS, Seller and the County entered irito that certain Water Rights Purchase and Sale Agreement dated June 26, 2017, (the "Agreement"), providing for the sale and purchase of certain water rights appurtenant to property located in Kittitas County, Washington, as more fully set forth in said Agreement; and B. WHEREAS, Seller and the County desire to amend the.Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants set forth herein, the receipt of which are hereby acknowledged, the Parties hereto hereby agree as follows; 1. Section 8.2 of the Agreement is revised to read as follows: 8.2 Funding and Resolution Ratifying Agreement. The Agreement is contingent upon (i) the County's ability to obtain fimding in order to pay and (ii) the Kittitas County Board of Commi ioners passing a resolution in the • rdinru-y c ursc of its business ratify .ing this Agrctmont and appropriating . uffidcnt fund<; for the purchase of the Water Right no later than August 15, 2018. 2. Section 14.1.3 of the Agreement is revised to read as follows: 14.1.3 Place and Time of Closing. The sale shall be closed in the offices of AmeriTitle, Ellensburg, Washington (hereinafter the "Closing Agent"), within twenty-one (2l)days after satisfaction of Contingencies and.shall be in any event not later than August 15, 2018, which shall be the Termination Date, unless the Parties agree to an extension of time in . writing. 3. This First Amendment shall be effective upon its mutual execution and delivery by the Parties. Except as expressly amended and modified ~y this First Amendment the Agreement is affirmed, confirmed, and ratified by the Parties and shall remain. in full force and effect. This First Amendment may be executed and delivered by original instruments or telephonic or electronic mail facsimiles in any number ofcouri.tei'parts, all of which together shall constitute one and the same First Amendment. {Signature Page to Follow}