Instream Flow Acquisitions
4/15/2016 11:19:54 PM
10/5/2006 10:17:04 PM
Instream Flow Acquisitions
Instream Flow Acq - Doc Type
Contracts, MOA/MOU, Leases, Agreements
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<br />/ <br />/ <br />// <br /> <br />., <br /> <br />.. <br /> <br />'4J. <br /> <br /> <br />7. In order to provide some reasonable assurances <br />of title to the ultimate buyer (the state). the parties <br />enter into this supplemental agreement. which shall be deemed <br />to modify and amend the a~ove-mentioned agreements insofar <br />as inconsistent herewith; <br /> <br />THEREFORE. it is agreed that: <br /> <br />1. At the time of closing. the money previously <br />paid by the state to the Conservancy pursuant to the <br />above-refere01ced co.~tract of June 22. 1978. in the amount <br />of $500.0C. will be released from the escrow of the law <br />, <br />firm of Vranesh dnd Raisch (formerly Vranesh and Musick) <br />and ~ald to Scohy. <br /> <br />2. An escrow account shall be establ i shed by the <br />parties with the United Bank of Boulder. At the time of <br />closing. the state agrees to pay the sum of $7.500 into <br />said escrow account. At the time of closing. the state <br />agrees to deliver into escr:Jw.3 quit-clai'Tl deed conveyin'j <br />to Scahy the subject water right. subject to the terms of <br />this agreement. Letters of instruction shall be del ivered <br />to the escrow agent providing that the escrow agent shall <br />place the escrowed funds in interest-bearing accounts bearing <br />the yreatest interest rate it shall determine prudent in <br />its sole discretion; such interest shall be either paid or <br />returned together with the $7.500 as provided below. Said <br />instructions, shall further provide that if the state shall <br />not have delivered notice of adverse claim being asserted <br />on the title of said Berkley Ditch water right ta the escrow <br />agent within seven (7) years <,nd six (6) months from the <br />date of closing. the escrow agent shall pay the $7,500 depos- <br />ited by the state (with interest) to Scohy and shall return <br />the state's escrowed quit-claim deed to the state; if a <br />notice of such adverse claim shall have been delivered to <br />the escrow agent o~ or before said date. the escrow agent <br />shall 'return the $7.500 (wi th interest) to the state and he <br />shall deliver the escrowed quit-claim deed from the state <br />to Scohy. <br /> <br />3. At closing. the state agrees to pay to the Con- <br />servancy the sum of $8.500. Al so at closing. the Conservancy <br />dgrees to pay to Scohy the sum of $7.000. Such sums shall <br />be nonrefundable. <br /> <br />4. At the cl os i ng. Scohy agrees to del i ver to Can- <br />servancy a general warranty deed conveying title to 1.0 <br />c.f.s. of the G. Berkley Oitch ("the subject water right") <br />to the Conservancy. subject to the requirements of the afore- <br />said March 7. 1978 agreement. At closing. tt',e Conservancy <br />agrees to del iver to the state a general' ..arranty deed con- <br /> <br />-2- <br /> <br />i' <br /> <br />.;~4 <br />"",".ir <br />~~t <br />
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