HomeMy WebLinkAboutC09-437 First Amendment to West End Eagle River Preserve Access AgrmntWhen Recorded, Retum to:
Kerri P. Assell
Jones & Keller, P.C.
5613 DTC Parkway, Suite 970
Greenwood Village, CO 80111
FIRST AMENDMENT TO
WEST END EAGLE RIVER PRESERVE ACCESS AGREEMENT
THIS FIRST AMENDMENT TO WEST END EAGLE RIVER PRESERVE ACCESS
AGREEMENT (this "Amendment") is made and entered into thisq~ day of c'~u,.`ci , 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 Eagle River Preserve
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. 200824774 (the "Access
Agreement"); and
WHEREAS, the parties desire to amend the Access Agreement to extend the period for
termination of the Temporary Rights of Access 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 Temporary Rights of Access. The termination date for the Temporary
Rights of Access, as set forth in Article I. 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
k/~
Clerk to the Board o6'County Comml io~~
GRANTEE:
BCP-MIDTOWN INVESTMENTS II, LLC,
a Delaware limited liability company
By•
Name: ~.~~ /'~~ i~ L
Title: o~~~ Ct
STATE OF COLORADO
c~G~
/~
COUNTY OF EAGLE ) . ~ pVP.~ ~' ~ ~
' IBC i~
The fo egoing document was acknowledged before me this day of ,~' - , 2009,
by~UZIS. ~1,Sh•C.~' , as Chairman of Eagle County, Board of County Commissioners.
Witness my hand and official seal.
My Commission Expires: ~ g ~ ~
DEBORAH L CHURCHILL
Notary ~'ubiic
State of Colorado
MY: Gprpmissl0n €%plP~i P~~r~erY 18; 2011
Notary Public
STATE OF COLORADO
CITY AND COUNTY OF DENVER
The foregoing document was acknowledged before me this ~~ day of N 0~ ,~~.l~be-'~
2009, by ~ 1~ j . c as Manager of BCP-Midtown Investments II, LLC, a
Delaware limite liability company.
Witness my hand and official seal.
My Commission Expires: ~ 2 2
~~
ST'EPNANI N. WALKER Notary Pu lic
NOTARY PUBLiC
STATE OF COLORADO
My Commission Expires 2/22/2010
