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4. In consideration for this Agreement, Treat shall pay to the County $1.00 and waives any <br />claims against the County for loss or damage to any of Treat's improvements arising from <br />the County's need to relocate the Public Property in connection with its exercise of the power <br />to regulate the health, safety and welfare of its citizens. The County may revoke this <br />Agreement if Treat is in violation of any of the terms or conditions of this Agreement. <br />5. The failure of the County to exercise any of its rights under this Agreement shall not be a <br />waiver of those rights. <br />6. This Agreement constitutes the entire agreement and understanding between the parties and <br />supersedes any prior agreement or understanding relating to its subject matter. <br />7. This Agreement may be modified or amended only by a duly authorized written instrument <br />executed by the parties hereto. <br />8. This Agreement shall be recorded at Treat's cost in the real property records of the Chaffee <br />County Clerk and Recorder, and the conditions hereof shall constitute covenants running <br />with the land and be binding upon Treat, its heirs, successors and assigns. <br />9. All notices mailed by and between the parties under this Agreement by regular U.S. Mail <br />shall be deemed delivered and received in five days. <br />CHAFFEE COUNTY COLORADO JAMES L. TREAT <br />By: <br />Frank Holman <br />Chairman, Board of County Commissioners <br />ATTEST: <br />County Clerk <br />STATE OF COLORADO ) <br />) ss. <br />County of Chaffee ) <br />The foregoing instrument was acknowledged before me this day of , <br />2011, by James L. Treat. <br />Witness my hand and official seal: <br />My commission expires: <br />Notary Public <br />Page 2 of 2