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HomeMy WebLinkAboutC16-032 Thomas Pool and Christine Atkinson AmendmentFIRST AMENDMENT TO MEMORANDUM OF AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THOMAS POOL AND CHRISTINE ATKINSON THIS FIRST AMENDMENT ("First Amendment") is effective as of the &o* day of January, 2016by and between Thomas Pool and Christine Atkinson, (hereinafter "Grantors") and Eagle County, Colorado, a body corporate and politic (hereinafter o'County"). RECITALS WHEREAS, County and Grantors entered into a Memorandum of Agreement dated on or about the 22"o day of December, 201 5 for the acquisition of fee title and a temporary easement in certain real property owned by Grantors (the "Original Agreement"); and WHEREAS, Grantors have identified additional acquisition costs not captured in the Original Agreement;and WHEREAS, County and Grantors desire by this First Amendment to modify the compensation due to Grantors at Closine and to establish a closins date. FIRST AM;MENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: The Net Total due Grantors under the Original Agreement shall be increased from seven thousand four hundred thirty dollars ($7,430) to nine thousand two hundred eighty dollars ($9,280) and the Net Total due shall be paid at the time of closing and satisfaction of the terms and conditions of the Original Agreement. This increase of one thousand eight hundred fifty dollars ($1,850) represents increased acquisition costs and Grantors agree that no further compensation shall be due and owing from County unless expressly set forth in the Original Agreement. The Original Agreement and this First Amendment are subject to the TABOR Amendment and local government budget law. Grantors and County agree that closing of the transaction identified in the Original Agreement shall occur on February 4,2016. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. l. 2. 3. Eag le County -c'1misstfiffif,C C16-032 Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. EAGLE COL]NTY, COLORADO By and t By: Brent M GRANTORS ounty Manager 4. 5. -r' --'))ev: -a1_-/ /4-a Thomas Pool ''l '/ev: L%u,a- hzzz*( fu,- Christine Atkinson 2 Eagle County Am Scope and Comp Final 5ll4