HomeMy WebLinkAboutU.S. Bank National Association - First Amendment to Reciprocal Easement Agreement - 12/12/2005 FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT
THIS FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT(the
"Amendment") is made as of December 1A , 2005, between U.S. BANK NATIONAL
ASSOCIATION, a national banking association(`Bank") and the CITY OF WATERLOO,
IOWA, a municipal corporation ("City")
A. Pursuant to the Reciprocal Easement Agreement dated as of September 19, 2005
(the "REA"), Bank and City agreed to encumber certain real property for the
benefit of one another with the easements as described therein.
B. Except as hereinafter specifically provided, all words in this Amendment
beginning with capital letters which are not normally capitalized shall have the
meaning ascribed to such words in the REA.
C. Bank and City desire to amend the REA to alter certain provisions thereof on the
terms and conditions hereinafter set forth.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Bank and City agree as follows:
1. The temporary easement rights contained in the REA are hereby extended until
April 30, 2006, and all references to the Agreement Termination Date shall be to
April 30, 2006.
2. Bank and City represent and warrant that each has all the necessary approvals and
authority to enter into this Amendment, and shall indemnify and hold each other
harmless for any breach of this representation and warranty.
3. Bank and City represent and warrant that there are currently no defaults by either
party under the REA.
4. This Amendment may be executed in any number of counterparts, each of which
shall be an original, but such,counterparts shall together constitute one and the
same instrument. Faxed signatures shall be considered originals.
5. All of the terms of the REA, as amended hereby, are hereby ratified and
confirmed.
written.WHEREFORE, Bank and City have executed this Amendment as of the date first above
[SIGNATURES APPEAR ON FOLLOWING PAGES]
BANK: U.S. BANK NATIONAL ASSOCIATION
4!Its:
By: � �
Its: ia-
STATE OFt C7 )
COUNTY OF (YIi f �) ss.
On this da of December, 2005 before me, the undersigned, a Notary Public in
an4 for the State of duly commissioned and sworn, personall appeared
tcC� I I nd"1S µt;- andb!Qv�64__, o e own to be the person who signed as _
respectively, of U.S. BANK NATIONAL ASSOCIATION, the banking
associa ion that executed the within and foregoing instrument, and acknowledged said instrument
to be a free and voluntary act and deed and the free and voluntary act and deed of U.S. BANK
NATIONAL ASSOCIATION for the uses and purposes therein mentioned; and on oath stated
that they was authorized to execute the said instrument on behalf of said U.S. BANK
NATIONAL ASSOCIATION.
IN WITNESS WHEREOF I have here set my hand and official seal this day of
December, 2005.
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Notary Public
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Rebecca J.LeeB
Notary Public,State of Ohio
My Commission Expires
July 49,2009
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CITY; CITY OF WATERLOO, IOWA
By:
- Timothy J. lqeey,
Mayof
Attest: m
Nancy Eckert, Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) ss.
On this L P,%y of December, 2005 before me, the undersigned, a Notary Public in
and for the State of Iowa, duly commissioned and sworn, personally appeared Timothy J. Hurley
and Nancy Eckert, to me known to be the persons who signed as Mayor and City Clerk,
respectively, of the City of Waterloo, Iowa, that executed the within and foregoing instrument,
and acknowledged said instrument to be his/her free and voluntary act and deed and the free and
voluntary act and deed of the City of Waterloo, Iowa, for the uses and purposes therein
mentioned; and on oath stated that he/she was authorized to execute the said instrument on
behalf of said municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal this day of
December, 2005.
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