Laserfiche WebLink
SEAL <br />FIRST EXTENSION TO LEASE AGREEMENT <br />THIS FIRST EXTENSION TO LEASE AGREEMENT (hereinafter "First <br />Extension ") is entered into this !2. day of November 2010, by and between the City and <br />County of Broomfield, a Colorado Municipal Corporation and County (hereinafter <br />"Broomfield ") and Pioneer Sand Company, Inc., a Colorado Corporation (hereinafter <br />"Pioneer "). Broomfield and Pioneer agree to extend the term of the April 8, 2010 Lease <br />Agreement (the "Lease," copy attached hereto as Exhibit A) as follows: <br />1. Term. This First Extension shall be for a term of one (1) year commencing on <br />September 1, 2011 and terminating on August 31, 2012. The lease may be further extended for <br />up to 20.70 acre -feet of Leased Water per year for further successive one (1) year periods upon <br />written agreement of the parties executed at least 12 months prior to the last day of the Term. <br />2. Waiver of Extension Deadline. Broomfield and Pioneer acknowledge that this First <br />Extension will be executed after the deadline for an extension, as stated in paragraph 2 of Lease, <br />has lapsed. Broomfield and Pioneer agree that the execution of this First Extension does not <br />constitute a default of the Lease and expressly waive any requirement that the Lease extension be <br />executed prior to now. <br />3. Other Lease Terms Unchanged. Except as expressly set forth above, all terms and <br />conditions of the April 8, 2010 Lease Agreement shall remain unchanged, and the terms of said <br />Lease Agreement are hereby incorporated into this First Extension. <br />IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed <br />the day and year first above written. <br />CITY AND COUNTY OF BROOMFIELD, <br />a Colorado Municipal Corporation and County, <br />By: <br />George Di Ciero, City and County Manager <br />APPROVED AS TO FORM: <br />William A. Tuthill, City and County Attorney <br />