HomeMy WebLinkAboutUS Bank National Association-5th Amendment to Reciprocal Easement Agreement-07.07.2004 FIFTH AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT
THIS FIFTH AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (the
"Amendment") is made as of J',V a yr , 2008, between U.S. BANK NATIONAL
ASSOCIATION, a national banking association ("Bank") and the CITY OF WATERLOO, IOWA,
municipal corporation ("City").
RECITALS
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 .o such words in the REA.
C. Bank and City desire to amend the REA to extend the term thereof and to further
substitute a new parking easement area as described herein.
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
June 30, 2009, and all references to the Agreement Termination Date shall be to June 30, 2009.
2. The parties hereby delete the attachment currently appended to the REA as
Exhibit "E" and substitute in its place the document attached hereto and labeled as "Exhibit `E'
(revised)."
3. 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.
4. Bank and City represent and warrant that there are currently no defaults by either
party under the REA.
5. 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.
6. All of the terms of the REA, as amended hereby, are hereby ratified and
confirmed.
WHEREFORE, Bank and City have executed this Amendment as of the date first above
written.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
BANK: U.S. BANK NATIONAL ASSOCIATION
By: fact.,46/1/1- -_ . Menner
Its: VP Corporate Real Estat
By:
Paul N. Gorh m
Its: VP Corporate Real Estate
STATE OF MISSOURI ) " NOTARY SEAL "
Marilyn C. Ochs Notary Public
n �t/ f ) SS: St. Charles County, State of Missouri
COUNTY OF J7; C..-d'1ar eS ) My Commission Expires 4/26/2009
Commissic:ir i Nurnbei 05453791
Acknowledged before me on June 9y, 2008, by Paul R. Menner an aul N. Gorham,
each as Vice President of U.S. Bank National Association, a national banking association.
SC,Z,
NotaryP State of Missouri
,
CITY: CITY OF WATERLOO, IOWA
By:
imothy J. I y, Mayor
v �C%
Attest:
Nancy EckertCity Clerk
STATE OF IOWA )
) ss:
COUNTY OF BLACK HAWK )
Acknowledged before me on , 2008, by Timothy J. Hurley and
Nancy Eckert as Mayor and City Clerk, esp c 'vely, of the City of Waterloo, Iowa, a municipal
corporation.
of ry Public, State of Iowa
j0[1
2
Exhibit "E" (revised)
Real property legally described as Lot 1 and the Southeasterly 10 feet of Lot 2, all in Block 5,
Original Plat of Waterloo, Iowa, on the West Side of the Cedar River, Black Hawk County, Iowa,
which property is depicted set forth below.
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