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FIRST AMENDMENT TO OPTION AGREEMENT FOR <br />PACKAGE B MITIGATION CERTIFICATES <br />THIS FIRST AMENDMENT TO OPTION AGREEMENT FOR PACKAGE B <br />MITI_GATION ~IC~TA,S.-(here in after the "First Am e ndm e nt ) made and entered into as <br />ofthjs 1...-rday of 1 <br />-~ ··~bf 8 ("Effective Date of First A me ndment"), by and between raig <br />Schnebly and Nancy Schnebly, husband and wife ("the Schneblys"), and Kittitas County, a <br />political subdivision of the State of Washington ("the County"). The Schneblys and the County <br />are collectively referred to herein as the "Parties." <br />A. WHEREAS, the Parties entered into that certain Option Agreement for Package <br />B Mitigation Certificates dated September 25, 2017 ("Agreement"), providing the Schneblys <br />an option to purchase up to thirty (34) Package B Mitigation Certificates from the County as <br />more fully set forth in said Agreement; and <br />B. WHEREAS , the Schneblys and the County desire to amend and extend the <br />Agreement. <br />NOW, THEREFORE, IN CONSIDERATION of the mutual covenants set forth herein, the <br />receipt of which are hereby acknowledged, the Parties hereto hereby agree as follows: <br />1. Paragraph 5. of the Agreement is hereby amended to read as follows: <br />Condition Pre_cedent. The Parties agree that the Optionees' ability to exercise this <br />Agreement is conditioned on the County establishing a water bank authorized in sufficient <br />quantities to issue the Package B Mitigation Certificates for the Property. If the County is <br />unable to establish a water bank authorized in sufficient quantities to issue the Package B <br />Mitigation Certificates for domestic use for the Property on or before July 1, 2019, then <br />this Agreement shall expire. <br />2. This First Amendment shall be effective upon its mutual execution and delivery <br />by the Parties. Except as expressly amended and modified by this First Amendment, the <br />Agreement is affirmed, 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 instruments or <br />telephonic or electronic mail facsimiles in any number of counterparts , all of which together shall <br />constitute one and the same First Amendment. <br />Signatures on the following page.