RES-2022-140 - Laserfiche WebLink

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determination and approval shall be made or waived by Purchaser within ninety (90) days of the mutual execution of this Agreement. 4.3 Intentionally Deleted 4.4 Purchaser's Review of Title to the Land to which the SOLAR Water Rieht rs Appurtenant and to the SOLAR Water Right. Purchaser's obligation to purchase the SOLAR Water Right are contingent upon Purchaser's review and approval of Seller's title to the SOLAR Property and the SOLAR Water Right, which shall be free and clear of all encumbrances or defects except for those reservations, restrictions, covenants, easements, and rights of way apparent andlor of record which are acceptable to Purchaser. Seller warrants that the SOLAR Water Right is not supplemental to, or otherwise interrelated with, another water right appurtenant to the Sellers property, except for a stock water right which the Solar Property may have a right to use by virtue of Seller's membership in the Mill Ditch Company, that would otherwise preclude the proposed transfer. Rights reserved in federal patents or state deeds, building or use restrictions general to the district, existing easements not inconsistent with Purchaser's intended use, and building or zoning regulations or provisions shall not be deemed encumbrances or defects. Encumbrances to be discharged by Seller may be paid out ofpurchase money at date of closing, which determination and approval shall be made or waived by Purchaser within ninety (90) days of the mutual execution of this Agreement. The foregoing not withstanding Seller discloses to Buyer that seller's predecessor in interest has commenced a quiet Title action under Kittitas County Superior Court Cause No. 22-2-0008819, the purpose and object of which is to clear certain defects in Seller's predecessor in interest's title to the Property. The Seller represents and warrants that said lawsuit will not impair or impact Seller's right to sell or convey the SOLAR Water Right as contemplated by this Agreement. Seller expects these defects to be resolved within ninety (90) days of mutual execution of this Agreement and shall provide evidence thereof. In the event that Seller cannot show clear title that will not affect this water right sale within ninety (90) days, Purchaser may, in its sole discretion, terminate this Agreement or grant an extension of time to the Seller. 4.5 Seller's Continued Beneficial Use of the SOLAR Water Rieht. Until such time as the transfer has been completed Seller shall either: 4.5.1 Continue to use and manage the SOLAR Water Right on the property owned by Seller and described on said Exhibit A and Purchaser and its employees, representatives, and agents shall, at reasonable times and upon the giving of reasonable notice, have the right to enter upon said property to ensure the SOLAR Water Right is being used and managed in a manner that will not adversely impact the transfer, and to gather such information as Purchaser deems necessary to obtain approval for the transfer as contemplated by Purchaser; or 4.5.2 Donate the SOLAR Water right on a temporary basis to the Ecology Trust Water Right Program which Ecology operates under the authority of Chapter 90.38 RCW. S"tt"r: TV Purchaser: LU