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HomeMy WebLinkAboutFifties I LLC Assignment of Water Rights FILED FOR RECORD AT REQUEST OF: City of Pasco,Washington AFN#1795807 AGREE WHEN RECORDED RETURN TO: 02119120/3 12:58 PM City of Pasco,Washington 4 Page(s)$75.00 525 North 3rd Matt Beaton,Auditor Pasco WA 99301 Franklin Co..WA AGREEMENT FOR THE ASSIGNMENT OF WATER RIGHTS BY THIS ASSIGNMENT, Fifties I, LLC, a Washington Limited Liability Company, agrees to assign to the City of Pasco, Washington, a municipal corporation, certain water rights according to the following terms and conditions. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: 1. Assignment of Water Rights. Fifties I, LLC shall, upon completion of the contingency provided below, convey, transfer and assign to the City of Pasco 100 acre feet of ground water right from Ground Water Certificate#G3-00247C, or other certificated water right. Fifties I, LLC shall, at its sole expense, complete, file and prosecute an assignment of that portion of the above-referenced Water Certificate, thereby, granting full right and title to such to the City of Pasco. Filing the application for assignment of this water right shall occur, on or before June 1, 2013 and be in such form and manner as to permit approval by the Washington State Department Ecology on or before June 1, 2014. Fifties I, LLC shall use best efforts and full cooperation to secure approval by the Washington State Department of Ecology. 2. Consideration. In consideration of the assignment of the water rights, the City shall commit to supply up to 400 acre feet of domestic water, to be used for a food processing plant to be developed upon the real property legally described in Exhibit A. 3. Contingency. This Agreement is contingent upon Fifties I, LLC selling that real property described in Exhibit A to Grimmway Enterprises, Inc., a California Corporation, on or before June 1, 2013. This Agreement shall be binding and specifically enforceable upon the parties upon the satisfaction of the contingency above. In the event the contingency is not satisfied on or before June 1, 2013, this Agreement shall become null and void, and each party shall be released from their obligations as required under this Agreement. 4. General Conditions. A. For the purpose of this Agreement, time is of the essence, and prompt performance is required by both parties. B. Each signatory warrants that they are authorized to enter into and execute this Agreement on behalf of the entities they represent. C. Except for an action for specific performance initiated by either party, any dispute arising out of the breach, interpretation, or enforcement of this Agreement shall be determined by binding arbitration pursuant to RCW 7.04A, with both parties waiving their right to a trial by jury, upon de novo review, if any. Arbitration shall be conducted in Pasco, Franklin County, Washington. In the event the parties are unable to promptly agree upon an arbitrator, an arbitrator shall be selected by the presiding Judge for Franklin County Superior Court at the request of either party. The Mandatory Arbitration Rules, as implemented in Franklin County Superior Court, shall be binding as to the procedure. The prevailing party, in such dispute, shall be awarded as additional award and judgment against the other party, its reasonable attorney's fees and costs. IN WITNESS WHEREOF, the parties enter into this Agreement on the Z4 day of e.'ti , 2013. CITY 0 ' PtS 0 FIFTIES I,LLC 0\11/Gary Crtlic T anager Cheryl Berg, Member Agreement for the Assignment of Water Rights-2 STATE OF WASHINGTON ) : ss County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager of the City of Pasco, described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. 4A GIVEN under my hand and o%icial seal this 210 day of January, 2013.sr)`toNIINIol R ; � do' �•�\ ZU� ii 0.•\ssioN'•�fi�!� otary Public in and fo " -- . e of Washington h *�47 day:9 S Residing at ♦ •`'N 0 TAR Y u't = My Commission Expires jd , PUBLIC ;*� � .f 3 `,,; •. ( Ili\� ,,` , STATE OF WASHINGTON ) : ss County of Franklin ) On this day personally appeared before me CHERYL L. BERG, Member of Fifties I, LLC, described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and off ial seal this'Gt day of January,2013. 0 �:P ssio••��O0, Notary Public ' and for the State of Washington e?o�r�' *-% Residing at Gl s�o -Jr tr.N 0 T A R Ja.. - My Commission Expires 1 — 14 • e PUBLIC :r= o R, • 'II/i11H0 Agreement for the Assignment of Water Rights-3 EXHIBIT A AGREEMENT FOR ASSIGNMENT OF WATER RIGHTS Legal Description Lot 2 (Parcel #113590029) and Lot 3 (Parcel#113590030), Short Plat 2012-3, Volume 1 of Shorts Plats, Page 914 and 915 records of Franklin County, Washington.