HomeMy WebLinkAboutUS Bank National Association-Third Amendment to Reciprocal Easement Agreement-12.04.2006 aaoL -)(-3 s(I
THIRD AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT
THIS THIRD AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (the
"Amendment") is made as of November,40 , 2006, 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 herein.
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 further extend the term until
June 30, 2007 subject to the terms and conditions of this Amendment.
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, 2007, and all references to the Agreement Termination Date shall be to June 30, 2007.
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.
WHEREFORE, Bank and City have executed this Amendment as of the date first above
written.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
BANK: U.S. NAT N 7t)ATION
By:
Michael P. Rensing
Its: orporn Real Es to
By:
Rose etzel
Its: VP Corporate Real Estate
STATE OF OHIO )
ss:
COUNTY OF HAMILTON )
This instrument was acknowledged before me by Michael P. Rensing and Rose Noetzel
as Senior Vice President and Vice President, respectively, of U.S. BANK NATIONAL
ASSOCIATION, a national banking association on this ay of ovemb
Per, .06.
NOT Y - TATE OF O' O MARSHA L.WARD
Notary Public,State of Ohio
CITY: CITY OF WAT RLOO, IOWA My Commission Egkes January 14,2 37
By. Y
Timothy J. ey, Mayo
Attes . Cci.c-j-
I
Nancy kert, Clerk
STATE OF IOWA )
) ss:
COUNTY OF BLACK HAWK )
�L eckyi
On this day of-6ctab r,2006, 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. lw
IN WITNESS WHEREOF I have hereunto s ha d and officiate i "!y seal this day of
October, 2006.
NOT Y PUBLIC - S ATE O I
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