2026-05-11-minutes-public-works-study-session

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First Amendment to the Contract for Services Sale of Water Mitigation Certificates THIS FIRST AMENDMENTTO THE CONTRACT FOR SERVICES FORTH E SALE OF WATER MITIGATION CERTIFICATES (the "First Amendment") executed on May 18, 2021 by and between KITTITAS COUNTY ("the County"), a political subdivision of the State of Washington, and NELSON GELBVIEH RANCH, LLC ("NGR") (hereinafter collectively referred to as the "Parties"), is hereby amended as follows: WHEREAS, the County and NGR are Parties to the Contract for Services for the Sale of Water Mitigation Certificates ("Agreement") dated May 18, 2021, for the processing and sale of mitigation water rights. WHEREAS, NGR is now wholly owned by the E. James Nelson Family Limited Partnership, a Texas Limited Partnership. WHEREAS, NGR now wishes to assign its interest in the Agreement and all related Water Rights to the E. James Nelson Family Limited Partnership ("Nelson Ltd Partnership"). WHEREAS, the County, NGR and the Nelson Ltd Partnership wish to assign NGR's interest to Nelson Ltd Partnership. WHEREAS, the County, NGR and Nelson Ltd Partnership wish to extend the term of the Agreement. NOW THEREFORE, the Parties agree as follows: 1. Time of Performance. Section 3 of the Agreement is amended to read as follows: "The term of this contract shall be until May 31, 2031 (the "Term"), with possibility of extending the length of the term on the mutual written agreement of the Parties." 2. Assignment. Section 12 of the Agreement is amended to read as follows: "The County acknowledges and consents to NGR's intent to assign its interest in this Agreement and the Water Rights to the Nelson Ltd Partnership. The assignment of NGR's interest in this Agreement to the Nelson Ltd Partnership shall become effective upon the agreement by Washington State Department of Ecology to assign the Trust Water Right Agreement from NGR to the Nelson Ltd Partnership. The Nelson Ltd Partnership shall not assign its interest in this Agreement to another entity without assigning the Water Right to the same person or entity and providing written notice to the County."