2011-03-14_REVISION - M1977493 (56)

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% CMC000998 578995 1998-10-21 15:41 3P9 Cheri Brunvand - Summit County Recorder 00 AMENDMENT TO 1993 PURCHASE AGREEMENT 5'( This Amendment to 1993 Purchase Agreement, dated this/;,' day 199' , is between Vail Associates, Inc., a Colorado corporation ("VA") and Climax Molybdenum Company, a Delaware corporation ("Climax"). RECITALS A. By and pursuant to that certain Purchase and Sale Agreement between VA and Climax dated April 9, 1993, and recorded in the real property records of Eagle County in Book 504 at Page 347, in the real property records of Lake County in Book 607 at Page 553, and in the real property records of Summit County at Reception No. 503635, as amended by Amendment dated May 18, 1993, and recorded in the real property records of Eagle County in Book 609 at Page 161, in the real property records of Lake County in Book 504 at Page 726, and in the real property records of Summit County at Reception No. 443264, and as further amended by Amendment to 1993 Purchase Agreement (collectively, the "1993 Agreement"), VA acquired varibus rights from Climax, including various rights related to Eagle Park Reservoir. B. Climax, VA and the Eagle Park Reservoir Compa.ny'(the "Reservoir Company") have entered into a Purchase and Sale Agreement of even date herewith, which provides for the sale of Eagle Park Reservoir to the Reservoir Company (the "1998 Agreement': . C. The 1998 Agreement calls for Climax and VA to make certain amendments to the 1993 Agreement. THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENTS 1.. Change in Name of CompaU. Recital G of the 1993 Agreement states that the name of the mutual ditch and reservoir company to be formed which will acquire rights in the Eagle Park Reservoir is the "Fremont Pass Water Company", which is defined in the 1993 Agreement as the "Company". The 1993 Agreement is amended to change the name of the Company to "Eagle Park Reservoir Company" and the defined term the "Company" as used in the 1993 Agreement shall hereafter refer to the Eagle Park Reservoir Company. The articles of incorporation and bylaws of the Company shall be in the forms attached hereto as Schedules 1 and 2, respectively. i !11111 IIIII !11!111 IIII ifil 1!1111 111111 III Illll IIII !II MB 1857 669740 09/17/1998 04!23P 29 Sara Fisher 1 of 3 R 16.00 0 0.00 N 0.00 Eagle CO .i .- w - o ao N W r- r+ - r?- o? r a? C9 ?. r o? C9 W = Z a gn! e w aaa? r?- r v? X N ff w - C v A ? r w ? Exhibit 22