HomeMy WebLinkAboutKidwell Farms Amendment to Water Use AgreementORIGINAL
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
AMENDMENT TO WATER USE AGREEMENT
(DNR Land)
BY THIS AMENDMENT entered into this day of ? 2016, by
and between the City of Pasco, Washington, a Municipal Corporation, hereinaft referred to as
"City", and Kidwell Farms, Inc., a Washington Corporation, hereinafter referred to as "Kidwell
Farms", that Water Use Agreement dated July 9, 2014, between the parties designated above, is
hereby amended by amending Section 3, "Compensation", amending the 2015 payment directly
resulting from the withdrawal of approximately one-half of the 2015 acres defined in the Water
Use Agreement as the "Property", thereby, making it available for farming only for the first half
of the 2015 growing season.
IN CONSIDERATION OF THE MUTUAL COVENANTS contained herein, the
parties agree as follows:
Section 1. That Section 3 entitled "Compensation" shall be and hereby is amended
and shall read as follows:
"3. Compensation. Kidwell Farms shall pay in two equal installments
($20,000 each) to the City the sum of Forty Thousand Dollars ($40,000), with the
first installment paid on the date of execution of this Agreement, and the second
installment paid on August 1, 2014, for irrigation water to be supplied during the
2014 irrigation season; and for irrigation water provided for one-half of the 2015
irrigation season, the sum of Twenty Thousand Dollars ($20,000) which shall be
paid on October 1, 2015. Irrigation water conveyed under this Agreement shall be
measured by a flow meter installed at the point of delivery at the sole cost of
Kidwell Farms. Kidwell Farms' demand for irrigation water shall, during the
terms of this Agreement, not be varied from the estimated quantities under this
Amendment to Water Use Agreement - 1
a-] 1D
Agreement (945 acre feet per season) by more than 10% without the prior written
consent of the City."
Section 2. All remaining terms and conditions of the Water Use Agreement of July 9,
2014, shall remain in full force and effect.
DATED this ay of �� 2016.
CITY OF PASCO, WASHINGTON KIDWELL FARMS, INC.
By: By:
ave ZabX , Qitj M ager Kidwell, President
STATE OF WASHINGTON )
) ss.
COUNTY OF Franklin )
On this /day of. 2016, before me, personally appeared DAVE ZABELL,
City Manager of the City of Pasco, Washington, to me known to be the individual who executed
the within and foregoing instrument, and acknowledged said instrument to be his free and
voluntary act and deed, for the uses and purposes therein mentioned.
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GIVEN under my hand and official seal this / s day of tom[ c. 12016.
NOTARY PUBLIC in and o e State of Washington
Residing at
My Commission Expires: (�
Amendment to Water Use Agreement - 2
STATE OF WASHINGTON )
) ss.
COUNTY OF Franklin )
On this day of 2016, before me, personally appeared TODD
KIDWELL, President of Kidwell Farms, W., to me known to be the individual who executed
the within and foregoing instrument, and acknowledged said instrument to be his free and
voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my
this 777 day of, 2016.
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Amendment to Water Use Agreement - 3