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R.51 AM1rNDMENT IQ 0PTI0N a(=it l{ EMENT EOR PACKAGE B MITIC:A' 10-0 CE, RTI FICATES THIS FIRST AMENDMENT TO OPTION AGREEMENT FOR PACKAGE B MITIGATION CERTIFICATES (hereinafter the "First Amendment") made and entered into as of this —day of November, 2018 ("Effective Date of First Amendment"), by and between Craig Schnebly and Nancy Schnebly, husband and wife ("the Schneblys"), and Kittitas County, a political subdivision of the State of Washington ("the County"). The Schneblys and the County are collectively referred to herein as the "Parties." A. WHEREAS, the Parties entered into that certain Option Agreement for Package B Mitigation Certificates dated September 25, 2017 ("Agreement"), providing the Schneblys an option to purchase up to thirty (34) Package B Mitigation Certificates from the County as more fully set forth in said Agreement; and B. WHEREAS, the Schneblys and the County desire to amend and extend the Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants set forth herein, the receipt of which are hereby acknowledged, the Parties hereto hereby agree as follows: Paragraph 5. of the Agreement is hereby amended to read as follows: Condition Precedent. The Parties agree that the Optionees' ability to exercise this Agreement is conditioned on the County establishing a water bank authorized in sufficient quantities to issue the Package B Mitigation Certificates for the Property. If the County is unable to establish a water bank authorized in sufficient quantities to issue the Package B Mitigation Certificates for domestic use for the Property on or before July 1, 2019, then this Agreement shall expire. 2. This First Amendment shall be effective upon its mutual execution and delivery by the Parties. Except as expressly amended and modified by this First Amendment, the Agreement is affirmed, confirmed, and ratified by the Parties and shall remain in full force and effect. This First Amendment may be executed and delivered by original instruments or telephonic or electronic mail facsimiles in any number of counterparts, all of which together shall constitute one and the same First Amendment. Signatures on the following page.