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 )
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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.
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GIVEN under my hand and o%icial seal this 210 day of January, 2013.sr)`toNIINIol R ; � do'
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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.
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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.