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Hairpin Ranch_Purchase and Sale Agreement_FINAL_1.16.20
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2020-01-21 10:00 AM - Commissioners' Agenda
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Hairpin Ranch_Purchase and Sale Agreement_FINAL_1.16.20
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Last modified
1/16/2020 1:43:50 PM
Creation date
1/16/2020 1:41:56 PM
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Meeting
Date
1/21/2020
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
b
Item
Request to Approve a Resolution and Authorize Chairman’s Signature on the Purchase and Sale Agreement for Hairpin Ranch Conservation Easement
Order
2
Placement
Consent Agenda
Row ID
59336
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FINAL 1)l� I 1 1'111012020 <br />RCW 79A.15.130. Grantee shall not assign this Easement without notice to and <br />consent of Co -Grantee, RCO and the United States, which consent shall not be <br />unreasonably withheld. As conditions of such transfer, Grantee shall require that <br />assignee (a) continue to carry out the Purpose of this Easement and (b) comply <br />with the terms of the RCO and the United States Grant Agreement, as described <br />in Section 14. Grantee shall notify Grantor in writing, at Grantor's last known <br />address, in advance of such assignment. The assignment shall not be valid <br />without such notice; provided, however, that the failure of Grantee to give such <br />notice shall not impair the validity of this Easement or limit its enforceability in <br />any way. <br />13.1.2 Co -Grantee Interest. Co -Grantee's interest in this Easement is transferable, but <br />Co -Grantee may assign its rights and obligations under this Easement only to a <br />qualified organization with notice to and consent of Grantee, RCO and the <br />United States, which consent shall not be unreasonably withheld. As conditions <br />of such transfer, Co -Grantee shall require that assignee (a) continue to carry out <br />the Purpose of this Easement and (b) comply with the terms of the RCO and the <br />United States Grant Agreement, as described in Section 14. Co -Grantee shall <br />notify Grantor in writing, at Grantor's last known address, in advance of such <br />assignment. The assignment shall not be valid without such notice; provided, <br />however, that the failure of Co -Grantee to give such notice shall not impair the <br />validity of this Easement or limit its enforceability in any way. <br />13.2 Rights and Obligations Upon Transfer. A party's rights and obligations under this <br />Easement terminate upon transfer of the party's interest in the Protected Property or <br />this Easement, as the case may be, except that liability for acts or omissions occurring <br />prior to transfer shall survive transfer. <br />13.3 Succession. If at any time it becomes impossible for Grantee to ensure compliance <br />with the covenants contained herein and Grantee has not named a successor <br />organization, or the Grantee shall cease to exist, then Grantee's rights and duties <br />hereunder shall become vested and fall upon RCO, who may then assign, with the <br />United States' consent (which shall not be unreasonably withheld), Grantee's rights <br />and duties hereunder to an organization with a similar mission to that of Grantee. <br />14 RCO THIRD PARTY RIGHT OF ENFORCEMENT <br />14.1 RCO is hereby granted third party right of enforcement of this Easement. As such, <br />RCO may exercise all of the rights and remedies provided to Grantee and Co -Grantee <br />herein,and is entitled to all of the indemnifications provided to Grantee and Co - <br />Grantee in this Easement. RCO, Grantee, and Co -Grantee each have independent <br />authority to enforce the terms of this Easement; provided, however, that RCO and <br />Co -Grantee expect that Grantee shall have primary responsibility for monitoring and <br />enforcement of the Easement. In the event that RCO, Grantee, and/or Co -Grantee do <br />-30- <br />
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