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Purchase and Sale Agreement
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2024-12-17 10:00 AM - Commissioners' Agenda
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Purchase and Sale Agreement
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Last modified
1/7/2025 9:10:20 AM
Creation date
1/7/2025 9:09:56 AM
Metadata
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Template:
Meeting
Date
12/17/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution to Ratify the Chair's Signature on the Trust Water Rights Purchase and Sale Agreement with James P. Roan and Jan Road and to Authorize Chair Signature on Closing Documents
Order
17
Placement
Consent Agenda
Row ID
125170
Type
Resolution
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5.2 Shall. in addition to the protections against relinquishrnert in <br />chapters 90.38 RCW and 9;0.42 RCW, at all times during the Term Inanage, maintain, <br />pr*"*" and protect for the benefit of Roan and its successor€r designees and assigns all <br />Lpects ana atfibutes of the Water; including, but not limited to, the priority date, the <br />#"i dfi;iorury right, instantaneous quanti , and annual consumptive quantity from <br />impairment, challenges, oiaims and relinquishment; <br />5.2.1 Shatl, in the event Ecology determines that a call for water <br />would reduce the amount of mitigation available pursuant to. fryasrag| <br />4.1.4, curtail all junior water useri that are in hydraulic oontinuify with <br />First Creelc and Swauk Creek <br />5.3 Shalt process all requests for detennination of water budSel <br />neutrality, applications fo: water right permii and assignment requests where portions of <br />;i,;W;# in T*rt* lroposed ur riitigation and shall take all steps nqcessary. to co-ryplv <br />*iitt *y restrictions imioseA by other agreements to which Ecology may be subject <br />i*iuaitls but not limiteJd to memorandums of agreement and groundwater moratoriums <br />or sirbsequenfly enacted water right processing rules; <br />5,4 Shall not assess or charge Roan any costs or fees for maintaining <br />the Water in Trust; provided that Ecology may charge lhird parties its regular costs and <br />!* fot water rigttt applications, assifrments, transfers and investigltions or costs <br />utt iUut.Ot" to plocessing new water right applications or water budget neut'al <br />determinations as provided under this agreemenl <br />6. In lceeping with the pu{pose of this Agreement and as a material part of the <br />consideration ior ttts Agreem-enfupon which its execution is dependent: <br />6.2 <br />Ecology: <br />6.3 <br />to Roan: <br />Roan makes tLe following undertakings, representations and warranties to <br />6.2.1 J.P. and fan Roan are individuals; owners of the Water iisted in <br />ExhibitA. and duly authorized to enterinto this Agreement' <br />6.2.3 Upon its full execution, this Agreement is binding upon Roan in <br />accordance with its tenns. <br />6.2.4 Roan shall use best effofis to futly and timely perform the <br />obligations and actions contemplated by this Agreement' <br />Ecology makes the follOwing undertakings, representations and warranties <br />6,3.I Ecology is authorieed and firlly able to enter into and pprlorm all <br />its obligations in this Agreement according to its terms' <br />6.3.2 Each individual executing this Agreement on behalf of Eoology is <br />duly authorirsdto execute and deliver this Agreement' <br />6.3.3 upon its full execufion, fiis Agreement is binding upon Ecology in <br />accordance with its terms. <br />J
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