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2020-05-26-minutes-cds-study-session
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2020-08-04 10:00 AM - Commissioners' Agenda
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2020-05-26-minutes-cds-study-session
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Last modified
7/30/2020 1:40:08 PM
Creation date
7/30/2020 1:36:13 PM
Metadata
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Meeting
Date
8/4/2020
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
a
Item
Approve Minutes
Order
1
Placement
Consent Agenda
Row ID
65242
Type
Minutes
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4. Extinguishment, Termination, and Condemnation. The interests and rights under this <br />ALE Deed may only be extinguished or terminated with written approval of the Grantee and the <br />United States. Due to the Federal interest in this ALE, any proposed extinguishment, termination, <br />or condemnation action that may affect the United States's interest in the Protected Property must <br />be reviewed and approved by the United States. <br />With respect to a proposed extinguishment, termination, or condemnation action, the Grantee and <br />the United States stipulate that the fair market value of the ALE is 59.33 percent, hereinafter the <br />"Proportionate Share," of the fair market value of the land unencumbered by this ALE. The <br />Proportionate Share will remain constant over time. <br />If this ALE is extinguished, terminated, or condemned, in whole or in part, then the Grantor must <br />reimburse Grantee and the United States an amount equal to the Proportionate Share of the fair <br />market value of the land unencumbered by this ALE. The fair market value will be determined at <br />the time all or a part of this ALE is terminated, extinguished, or condemned by an appraisal that <br />meets the Uniform Standards of Professional Appraisal Practice (USPAP) or Uniform Acquisition <br />Standards or Federal Land Acquisition (UASFLA). The appraisal must be completed by a certified <br />general appraiser and be approved by the Grantee and the United States. <br />The allocation of the Proportionate Share between the Grantee and the United States will be as <br />follows: (a) to the Grantee or its designee, sixty (60%) percent of the Proportionate Share; and (b) <br />to the United States forty (40%) percent of the Proportionate Share. Until such time as the Grantee <br />and the United States receive the Proportionate Share from the Grantor or the Grantor's successor <br />or assign, the Grantee and the United States each have a lien against the Protected Property for the <br />amount of the Proportionate Share due each of them. If proceeds from termination, <br />extinguishment, or condemnation are paid directly to Grantee, the Grantee must reimburse the <br />United States for the amount of the Proportionate Share due to the United States. <br />5. Amendment. This ALE Deed may be amended only if, in the sole and exclusive judgment of <br />the Grantee and United States, by and through the Chief of NRCS, such amendment is consistent <br />with the Purpose of the ALE and complies with all applicable laws and regulations. The Grantee <br />must provide timely written notice to the Chief of NRCS of any proposed amendments. Prior to <br />the signing and recordation of the amended ALE Deed, such amendments must be mutually agreed <br />upon by the Grantee, Grantor, and United States, by and through the Chief of NRCS. Any <br />purported amendment that is recorded without the prior approval of the United States is null and <br />void. <br />Exhibit F 7 <br />
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