HomeMy WebLinkAboutUS Bank Nationaql Association-4th Amendment to Reciprocal Easement Agreement-07.09.2007 7-9-v
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FOURTH AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT
THIS FOURTH AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (the
"Amendment") is made as of June 2< , 2007, 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 to such words in the REA.
C. Bank and City desire to amend the REA to further extend the term until
December 31, 2008 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, 2008, and all references to the Agreement Termination Date shall be to June 30, 2008.
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. BANK NATI AL A IATION
j
By i
'
Michae . en mg
Its: P Corpor to Real tate
By:
Rose oetzel ,
Its: VP Corporate Real Estate
STATE OF OHIO )
) ss:
COUNTY OF HAMILTON )
Acknowledged before me on iDc Q 22 , 2007, 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.
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;,0o�A� ..,rF9. Rebecca J.Lane
€_,-` -,le Notary Public,State of Or otary Public, State of Ohio
-' ,..Y+ ) ` v Commission Expires
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CITY: — - CITY OF WATERLOO, IOWA
By: ,......407.1.
Timothy J. Hur ayor �
Atte : eCi �l.-Q
Nancy Eck rt, ity Clerk
STATE OF IOWA )
) ss:
COUNTY OF BLACK HAWK )
Acknowledged before me on E,_ v , 2007, by Timothy J. Hurley and
Nancy Eckert as Mayor and City Clerk, re pecti ly, Of the City of Waterloo, Iowa, a municipal
corporation. c 1
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