Resolution_Water Certificate Contract_NelsonGelbviehRanch

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WHEREAS, the County desires to contract with NGR and NGR desires to contract with the County for the County to sell water mitigation certificates associated with the NGR Water Right under the terms of this Agreement. NOW THEREFORE, the Parties agree as follows: 1. Scope of services to be performed by the County. a. The County will sell water mitigation certificates associated with the NGR Water Right in the form of a County water mitigation certificate, at the same prices and under the same terms as those offered by the County's water banking program. b. The County will require purchasers buying water mitigation certificates associated with the NGR Water Right to pay the necessary fees and agree to the terms for being a part of the County's water banking and metering program, as referenced in Exhibit C and subject to change by approval of the Kittitas County Board of County Commissioners. c. The County shall be responsible for all processing and servicing of the sales of County water mitigation certificates associated with the NGR Water Right sold pursuant to this Agreement, as provided herein. d. For sales of water mitigation certificates associated with the NGR Water Right in the areas depicted as the so called "green zones" in NGR's Trust Water Right Agreement, and except as provided in paragraphs (e), (f) and (g), the County shall sell the water mitigation certificates associated with the NGR Water Right in proportionate share with County or other non -County water banks with similar agreements with the County that have similar mitigation suitability before selling water mitigation certificates associated with a County -owned Trust Water Right Agreement. The County shall determine, in its sole discretion, which water banks to sell water mitigation certificates from to purchasers in the areas depicted as the so called "yellow zones" in NGR's Trust Water Right Agreement. e. The Parties acknowledge that the County has entered into a similar agreement with the Reecer Creek Water Bank in which the County agreed to sell at least 25 water mitigation certificates associated with the Reecer Creek Water Bank before the County sells water mitigation certificates from the County water bank or other non -County water banks. The County agrees that it shall not enter into any further agreements that would include a preference to sell a certain number of water mitigation certificates from one non -County water bank before any other non - County water bank. f. Until the County's agreement with the Reecer Creek Water Bank expires on May 7, 2023, the County shall first sell at least 25 water mitigation certificates associated with the Reecer Creek Water Bank. Thereafter, the County will sell water mitigation certificates from the non -County water banks with which the County has agreements on a rotational basis with each individual water mitigation certificate alternatively coming from water associated with a non -County water