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nqql A$|DI{DMEI{T rO WATER RIGHTS P[IRCHASE AND SALn AGREEMENT <br />THIS FIRST AMENDMENT TO WATER RIGHTS PI-]RCHASE A}TD SALE <br />AGRSEMENT (hereinalier the "First Amen&nenf') is made and entered into as ofthis 26th day <br />of Junq 2018 ("Effective Date of FintAmendmenf'), by and between Kittitas County, a political <br />subdivision of the State of Washington (hereinafter "*te County"), and James a4d Hazel Treat, <br />husband and wife (hereinafter "sellet''). Seller and the County are collectively refened to <br />herein as the "Parties." <br />A. WIIEREAS, Seller and the County entered into that certain Water Rigftts <br />Purchaseand Sale Agreement dated June 26,2A17,(the "Agreement"), providing for the sale <br />and purchase of certain water rights appurtenant to property located in Kittitas Cqunty, <br />Washington, as more fully set forth in said Agreement; and <br />B. WHEREAS, Seller and the County desire to amend the Agreement' <br />NOW TIIEREFORE, IN CONSIDERATION ofthe mutual covenants set forth hercin, the <br />receipt of which are hereby acknowledged, the Parties hereto hereby agr€e a.s follows: <br />1. Section 8.2 of the Agreement is revised to read as follows: <br />8.2 Funding and Resolution RatifyingAgrement' TheAgreement is contingent <br />upon (i) the County's ability to obtain ftnding in order to pay and (ii) the Kittitas <br />County Board of Commissioners passing a resolution in thc ordinary oourse of its <br />business ratifying this Agreement and approprinting suflicient funds for the <br />pruchase of ths Water Right no later than August I 5, 201 8. <br />2. Section 14.1.3 oftheAgreement is rcvised to read as follows: <br />14.1.3 Place and Time of Closing. The sale shall be closed in the offices of <br />AmeriTitle, Ellensburg, Whshington (hereinafter the "Closing Agent"), wlthin <br />twenty-one (21) days after satisfaction of Contingcncies and shall be in any event <br />not lrter than August 15, 201t, which shall be the Termination Date' unless the <br />Parties ogree to an extcnsion of time in writing' <br />3. This First Amendment shall be effective upon its mutual execution and delivery <br />by the Parties. Except a$ cxpressly amended and modified !y this First Amendment, the <br />Agreement is affrmred, confirmed, and ratified by the Parties and shall remain in full force and <br />effect. This First Amendment may be executed and delivered by original inshments or <br />telephonic or electronic mail facsimiles in any number of counterparts, all of which together shall <br />constitute one and the same FirstAmendment. <br />{Sigrature Page to l'ollow}