TD-26-00003 Solar Dolar LLC - TDR Easement signed

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Notice and the associated requests outlined therein. The Board shall review the Staff Report and take further action as deemed appropriate. Section 9. Transfer of the Property. Upon transfer of the Property or portion of the Property, or any interest in the Property, from one landowner to another, the conveyance document shall expressly refer to this Easement and be subject to its terms, covenants, conditions, and restrictions, which shall run with the land and bind the Property in perpetuity. The failure of Grantor to perform any act required by this subsection will not impair the validity of this Easement or limit its enforceability in any way. Section 10. Amendment. This Easement may be amended by agreement of the Parties. Any such amendment must be consistent with the Purpose of this Easement and the provisions of the TDR Program and will be recorded in the official records of Kittitas County, Washington, and any other jurisdiction in which such recording is required. Section 11. Notices. Any notice, approval or communication that either Party is required to send under this Easement must be given in writing to the following addresses: To Grantor: Name Solar Dolar LLC Address 1410 W Dolarway Road Suite 301 City Ellensburg. WA 98926 To Grantee: Kittitas County Community Development Services 411 North Ruby, Suite 2 Ellensburg, Washington 98926 or to such other address as either party designates by written notice to the other. Section 12. General Provisions. 1. Recordation. Grantee will record this Easement in a timely fashion in the official records of Kittitas County, Washington, and in any other appropriate jurisdictions, and may re-record it at any time as may be required to preserve its rights in this Easement. 2. Controlling Law and Interpretation. The interpretation and performance of this Easement is governed by the laws of the State of Washington. Any general rule of construction to the contrary notwithstanding, this Easement will be liberally construed in favor of the grant to affect the Purpose of this Easement, the policies and purpose of the TDR Program and the policy and purposes of RCW 64.04.130 and chapters 84.33 and 84.34 RCW. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the Purpose that would render the provision valid will be favored over any interpretation that would render it invalid. 3. Severability—Entire Agreement -No Forfeiture. If any provision of this Easement, or its application to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement and the application of such provision to any other persons or in any other circumstances shall remain valid. This instrument sets forth the entire agreement of the Parties with respect to the Property and supersedes all prior