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Resolution_Franchise Amendment_Vantage Wind
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2026-07-21 10:00 AM - Commissioners' Agenda
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Resolution_Franchise Amendment_Vantage Wind
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Last modified
7/16/2026 12:44:54 PM
Creation date
7/16/2026 12:42:49 PM
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Meeting
Date
7/21/2026
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Resolution to Amend a Non-Exclusive Electrical Franchise Agreement with Vantage Wind Energy, LLC
Order
4
Placement
Consent Agenda
Row ID
146685
Type
Resolution
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Section 9. Transfer of Ownership. The rights, privileges, benefits, title, or <br />interest provided by this Franchise shall not be sold, transferred, assigned, or <br />otherwise encumbered, without the prior written consent of the COUNTY, with <br />such consent not being unreasonably withheld or delayed. No such consent shall <br />be required, however, for a transfer in trust, by other hypothecation, or by <br />assignment or any rights, title, or interest in Vantage Wind Energy LLC's <br />electrical generating system in order to secure indebtedness. Furthermore, <br />consent shall not be required if such transfer is from Vantage Wind Energy LLC <br />to a parent company or affiliate of Vantage Wind Energy LLC, or to an subsidiary <br />or affiliate of such parent company, provided that Vantage Wind Energy LLC <br />provides written notice to the COUNTY of such transfer. <br />Vantage Wind Energy LLC may also assign this Franchise to an entity with or <br />into which it may merge or consolidate, or to a purchaser of all or substantially all <br />of Vantage Wind Energy LLC assets, without the consent of the COUNTY, <br />provided that Vantage Wind Energy LLC shall provide the COUNTY with prior <br />written notice of the proposed transaction. The COUNTY shall then have the <br />option, within thirty (30) days of the receipt of the notice, to notify Vantage Wind <br />Energy LLC of a public hearing to approve or deny the assignment, such <br />approval not to be unreasonably withheld or delayed. If the COUNTY does not <br />respond within such thirty (30) day period; then the assignment shall be deemed <br />operative. <br />In any transfer of this Franchise which requires the approval of the COUNTY, <br />Vantage Wind Energy LLC shall show that the recipient of such transfer has the <br />technical ability, financial capability, and any other legal or general qualifications <br />as reasonably determined by the COUNTY to be necessary to ensure that the <br />obligations and terms required under this Franchise can be met to the full <br />satisfaction of the COUNTY. The qualifications of any transferee shall be <br />determined by hearing before the COUNTY and the approval to such transfer <br />shall be granted by Franchise of the COUNTY, such approval not to be <br />unreasonably withheld or delayed. Any administrative costs associated with a <br />transfer of this Franchise which requires the approval of the COUNTY, shall be <br />reimbursed to the COUNTY within thirty (30) days of receipt of an invoice from <br />COUNTY which shall include verifiable detail as to the nature of the <br />administrative costs reasonably incurred and associated with such transfer. <br />Section 10. Franchise Term. This Franchise is and shall remain in full force and <br />effect for a period of twenty-five (25) years from and after the effective date of <br />this Franchise, provided, however, Vantage Wind Energy LLC shall have no <br />rights under this Franchise nor shall Vantage Wind Energy LLC be bound by the <br />terms and conditions of this Franchise unless Vantage Wind Energy LLC shall, <br />within thirty (30) days after the effective date of the Franchise, file with the <br />County its written acceptance of the Franchise. <br />Vantage Wind Energy LLC <br />Franchise Agreement <br />
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