HomeMy WebLinkAboutC16-059 Thomas Pool and Christine AtkinsonTHIRD AMENDMENT TO MEMORANDUM OF AGREEMENT This Third Amendment ("Third Amendment") is effective as of the 3'd day of March, 2016 and amends the Memorandum of Agreement dated on or about December 22,2015 ("Memorandum"), the First Amendment thereto dated January 20,2016 ("First Amendment") and the Second Amendment thereto effective February 4,2016 ("Second Amendment"), by and between Thomas Pool and Christine Atkinson (hereinafter "Grantors") and Eagle County, Colorado, a body corporate and politic (hereinafter "County'') relating to the acquisition of certain land described in Exhibit A to the Memorandum ("Property'') and a temporary easement described in Exhibit B to the Memorandum. RECITALS WHEREAS, the parties had agreed through the Second Amendment to close the transaction on March 3,2106 but have determined that additional time is needed for Grantor's lender to provide releases of certain deeds of trust on the Property; and WHEREAS, the parties desire to extend the closing date as set forth herein. AMENDMENT NOW THEREFORE, in consideration of the foregoing and for good and valuable consideration as set forth in the Memorandum and First Amendment, the parties agree as follows: 1. Capitalized terms in this Third Amendment will have the same meanings as in the Memorandum. The parties agree that the closing of the transaction scheduled for March 3, 2016 shall be extended to March 15.2016. All other terms and conditions of the Memorandum and any amendments thereto not in conflict herewith shall remain the same and in full force and effect. This Third Amendment may be signed in counterparts. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. 2. J. 4. {00200343 / 2I [Rest of Page Intentionally Left BlankJ C16-059 EAGLE COUNTY, COLORADO By and By: ounty Manager GRANTORS: ,r, /-JP- - Thomas Pool =_____:::zr___=____=: Christine Atkinson l@20o343 / 2l