HomeMy WebLinkAboutExtension to option agreementR.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.
IN WITNESS WHEREOF, the parties have signed and delivered this First Amendment
as of the day and year first written above.
CRAIG AND NANCY SCHNEBLY
By: Craig Schnebly
By: Nancy Schnebly
KITTITAS COUNTY
By:
County Commissioner
Date:
Address:
205 West 5th Avenue, Suite 108
Date: Ellensburg, WA 98926
Address:
2570 Schnebly Road
Ellensburg, WA 98926
ACKNOWLEDGEMENTS
State of Wash' n
County of 6
I certify that I know or have satisfactory evidence that Craig Schnebly is the person who
appeared before me, and said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act, for the uses and purposes mentioned in the
instrument.
Dated: I Z iso
&
First Amendment to Option
Agreement between Schneblys
and Kittitas County
Named:;
NOTARY PUBLIC fpr the State of Washington
residing at ��j -s Ur
My appointment expires -)o2. L }
State of Wash' g14—
County of
I certify that I know or have satisfactory evidence that Nancy Schnebly is the person
who appeared before me, and said person acknowledged that she signed this instrument and
acknowledged it to be her free and voluntary act, for the uses and purposes mentioned in the
instrument.
Dated: I1 12 -1 1 "I.8
State of Washington
County of
4
Name: _
NOTARY PUBLIC for`ithe State of Washington
residing at L V t
My appointment expires: Z a L
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that s/he signed this instrument and
acknowledged it as a Commissioner for Kittitas County, a political subdivision of the State of
Washington, to be the free and voluntary act of such entity for the uses and purposes mentioned
in the instrument.
Dated:
First Amendment to Option
Agreement between Schneblys
and Kittitas County
Name:
NOTARY PUBLIC for the State of Washington
residing at
My appointment expires: