HomeMy WebLinkAboutC11-265 Town of Gypsum Water Main Easement First Amendment r' EAGLE CJSIMOHTON 201 1 19178
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REC. 518.80 DOG: $ 10/17/2011
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. FIRST AMENDMENT TO WATER MAIN EASEMENT
This FIRST AMENDMENT TO WATER MAIN EASEMENT (the "First
Amendment ") is granted this r.3 day of f - ", 2011 by Eagle County, State of
Colorado by and through its Board of County Commissioners, a body corporate and
politic whose legal address is 500 Broadway, P.O. Box 850, Eagle, CO 81631, as Grantor
and the Town of Gypsum, whose legal address is 0050 Lundgren Boulevard, P.Q. Box
130, Gypsum, CO 81637, as Grantee.
RECITALS
WHEREAS, the Grantor has previously executed and delivered to the Grantee a
Water Main Easement ( "Easement ") which was recorded with the Eagle County Clerk
and Recorder on March 22, 2011 at Reception No. 201105258; and •
WHEREAS, Section 5(a) of Exhibit C to the Easement provides for a three -year
warranty,period for the Water Main commencing on the date of final written acceptance
or approval of the modified Water Main ( "Warranty Period "); and
WHEREAS, the parties have agreed to modify the Warranty Period from three
years to one year.
NOW, THEREFORE, in consideration of the Easement, the covenants, promises,
agreements, and conditions contained herein, and for other good and valuable
considerations, the receipt, sufficiency, and adequacy of which are hereby acknowledged,
the parties agree to amend the Easement as follows:
AGREEMENT
1. Warranty Period. Section 5(a) of Exhibit C to the Easement shall be
amended and restated as follows:
• The warranty period for the modified Water Main shall
commence on the date of final written acceptance or approval
of the modified Water Main and continue for one (1) year.
2. Miscellaneous. The following provisions shall apply with respect to this
First Amendment:
(a) Except as modified herein, the Easement is in full force and effect
and is hereby ratified by the parties hereto.
(b) Capitalized terms not defined herein shall have the same meaning as
set forth in the Easement.
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(c) In the event of any conflict between the Easement and this First
Amendment, the terms and conditions of this First Amendment shall control.
EXECUTED as of the date first written above.
GRANTOR:
EAGLE COUNTY, COLORADO
By and Through its Board of County
C I issioners
frO 174111
n Stavney, Chairman
ATTEST: of "44.0
Teak Simonton, ' lerk to the Bo i + '` •
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• GRANTEE:
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TOWN OF GYP
r9 I �° jam ,"
r •.. 'r�,� Steve Carver, Mayor
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ATTEST:
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Of A ,A.!
I Danette Schlegel, own Cle 46
After recording return to:
Town of Gypsum
P, O, Box 130
Gypsum, CO 81637
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