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Purchase and Sale Agreement
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12. December
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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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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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11.1.3. Place and Time of Closing. The sale shall be closed in the offices of <br />NexTitle, Ellensburg Washington Office (hereinafter the "Closing Agent"), within <br />thirty (30) days after the consent form is signed by Ecology. The Seller and the <br />County agree to work in good faith to accomplish the date of closing by December <br />20,2024. <br />11.2. Obligations of the County and Seller at Closing. County and Seller shall deposit <br />with the Closing Agent at least three (3) days before the closing date all instruments, <br />documents, and monies necessary close the sale in accordance with this Agreement. <br />11.3. Payment of Costs <br />1 1.3.1. Costs to be Divided Equally.Escrow fees, if any, the closing fee charged by <br />the closing agent and document preparation fees shall be divided equally between <br />County and Seller. <br />11.3.2. Costs to be paid by Seller. Seller shall pay all real estate excise taxes, <br />attomey's fees incurred by Seller, if any, and other charges normally borne by a <br />Seller. <br />11.3.3. Costs to be Paid by County. County shall pay County's attorney fees, if any, <br />those costs or expenses normally allocated to a County in a real estate transaction. <br />11.4. Execution o.f All Documents. Seller and the County, individually and severally, <br />hereby acknowledge that the execution of all documents associated with this transaction <br />will substantially affect their legal rights and that each has the opportunity to obtain and <br />consult with independent legal counsel for the purposes of this transaction and matters <br />relating thereto. <br />12. Attomeys' Fees. If either party hereto is required to retain an attorney to enforce <br />any provision of this Agreement, whether or not a legal proceeding is commenced, the <br />substantially prevailing parly shall be entitled to reasonable attorneys' fees regardless of whether <br />at trial, on appeal, in any bankruptcy proceeding, arbitration matter or without resort to suit. <br />13. Governing Law. This Agreement shall be interpreted, construed and enforced <br />according to the laws of the State of Washington. <br />14. Notices. Subject to the requirements ofany applicable statute, any notices required <br />or permiffed by law or under this Agreement shall be in writing and shall be (i) personally <br />6
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