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2006-1

A RESOLUTION

AUTHORIZING THE SECOND AMENDMENT TO AMENDED AND RESTATED CONSTRUCTION OPERATING AND RECIPROCAL EASEMENT AGREEMENT

WHEREAS, WESTLAND TOWNE CENTER was redeveloped in 1994; and,

WHEREAS, City of Lakewood owns the parking lot at the Center; and,

WHEREAS, The amended and Restated Construction, Operating and Reciprocal Easement Agreement between the City of Lakewood and the building owners was executed August 17, 1994 and recorded at Reception Number 94138185; and,

WHEREAS, the agreement did not include Lot 3 of Block 1 within the agreement which allowed for parking, access and maintenance for buildings and stores within the Center; and,

WHEREAS, it is necessary and desirable for Lot 3, Block 1 to be included in said Agreement; and,

WHEREAS, the Second Amendment has been reviewed and approved by the other property owners that are parties to the original Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakewood, Colorado, that:

SECTION 1. The City Manager is authorized to sign the Second Amended and Restated Construction, Operating and Reciprocal Easement Agreement.

INTRODUCED, READ AND ADOPTED by a vote of 11 for and 0 against at a regular meeting of the City Council January 9, 2006, at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk