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HomeMy WebLinkAboutR & S Commercial, LLC-2/16/2015Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Amendment to Development Agreement (the "Amendment") is entered into as of ra_0.70 di. , 2015 by and between R & S Commercial, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to a certain Development Agreement dated November 25, 2013 and filed July 1, 2014 as Doc. No. 2015-00064, as subsequently amended (the "Agreement"), providing for Company's development of certain properties on the terms set forth therein. B. In undertaking the Project, Company has discovered additional underground conditions on the Property that must be addressed, and City is willing to cover the cost thereof on the terms set forth in this Amendment. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. City agrees to pay an amount not to exceed $3,150.00 for purposes of removing buried concrete foundation material from one or more buildings formerly located on the site. City will remit payment of said sum directly to the contractor following receipt of the contractor's invoice and confirmation that the work has been completed. 2. Except as modified herein, the Agreement shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the Agreement. The Agreement and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. 1 IN WITNESS WHEREOF, the parties have executed this Second Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: ,1".-/z✓ Ernest G. Clark, Mayor Attests Suzy S, hares, City Clerk 2 R & S COMMERCIAL, LLC By: Steven J. ntomauro, Manager