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HomeMy WebLinkAboutC09-436 First Amendment to West End Temp Access AgrmntWhen Recorded, Return to: Kerri P. Assell Jones & Keller, P.C. 5613 DTC Parkway, Suite 970 Greenwood Village, CO 80111 FIRST AMENDMENT TO WEST END TEMPORARY ACCESS AGREEMENT THIS FIRST AMENDMENT TO WEST END TEMPO RY ACESS AGREEMENT (this "Amendment") is made and entered into this ~'~ day of ~~ilc~y,.`ie , 2009 by and between EAGLE COUNTY, a governmental entity and political subdivision of the State of Colorado ("Grantor") and BCP-MIDTOWN INVESTMENTS II, LLC, a Delaware limited liability company ("Grantee"). Grantor and Grantee shall collectively be referred to as "Parties." WITNESSETH: WHEREAS, Grantor and Grantee entered into that certain West End Temporary Access Agreement dated November 18, 2008 and recorded in the Clerk and Recorder's Office of Eagle County, Colorado on November 19, 2008 at Reception No. 200824773 (the "Access Agreement"); and WHEREAS, the parties desire to amend the Access Agreement to extend the period for termination of the Temporary Right granted to Grantee in the Access Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, the Parties hereto hereby covenant and agree as follows: 1. Extension of Temporar~ght. The termination date for the Temporary Right, as set forth in Section 1 of the Access Agreement, shall be extended from November 30, 2009 to November 30, 2010. 2. Definitions. Capitalized terms used without definition herein shall have the meanings assigned to them in the Access Agreement. 3. Full Force and Effect. Except as specifically modified herein, the parties hereto represent and warrant that the Access Agreement is and remains in full force and effect. In the event of a conflict between the Access Agreement and this Amendment, the terms of this Amendment shall control and bind the parties hereto. ? ~ ~-~'~ 4. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original but all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed and delivered as of the day and year first above written. GRANTOR: COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS ~/~ ~ ~- By: _~~ Name: ~~ Title: Chairman ATTES By: Clerk to the ~j~-1 ~•~ GRAN'I`EC: BCP-MIDTOWN INVESTMENTS II, LLC, a Delaware limited liability company By Name: o na a CJ ~L Title: a~~zy cr STATE OF COLORADO COLJN I'Y OF EAGLE The foregoing document was acknowledged before me this day of t~ , 2009, by <~ Y a '~. ~ ~Vl(~/' , as Chairman of Eagle County, Board of County Commissioners. Witness my hand and official seal. My Commission Expires: ~ g ~ ~ ,~ nEgORAH L CHURCHILL Notary Public State of Colorado lesion Expkoa F~uarY 1 ~. 2011 ~~~ Notary Public STATE OF COLORADO CITY AND COUNTY OF DENVER The foregoing document was acknowledged before me this ~~rday of N 0~2'cY~~e~ 2009, by~1 of\a~~-~ . ~~t_c~'~as Manager of BCP-Midtown Investments II, LLC, a Delaware limited liability company. Witness my hand and official seal. My Commission Expires: t7 2 ~ 22 ~ ZO 10 STEPHANI N. WALKER ~ ~l\~ \ NOTARY PUBLIC Notary Pu lic STATE OF COLORADO My Commission Expires 2/22F2010