HomeMy WebLinkAboutSunnyside South Addition, LLC-2/11/2013AMENDMENT TO DEVELOPMENT AGREEMENT
This Amendment to Development Agreement (the "Amendment") is entered into as of
February 11, 2013, by and between the City of Waterloo, Iowa ("City") and Sunnyside South
Addition, LLC ("Company").
RECITALS
A. Company and City are parties to that certain Project Development Agreement
dated as of January 7, 2013 (the "Agreement") concerning the development of land
(the "Property") described on Exhibit "A" to the Agreement.
B. The parties desire to make certain revisions relating to the Property and Project
area.
NOW, THEREFORE, in consideration of the premises and of other consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the
Agreement as follows:
1. The Agreement is amended to strike Section 1 therefrom and to substitute in its
place the following new Section 1:
1. Property and Improvements by Company. Identified on Exhibit "A-1"
hereto is a portion of the existing street right-of-way of West San Marnan Drive
(the "Project Area") on which Company proposes to relocate the existing street
generally in accordance with the preliminary design depicted on Exhibit "B"
hereto. That part of the Project Area identified on Exhibit "A-2" (the "Property")
will be vacated by City and conveyed to Company in furtherance of the Project
(defined below). Following City's vacation of said street right-of-way and
conveyance of same to Company, Company shall, at its own cost, remove the
existing street, recycle the road materials or properly dispose of them offsite, and
construct a new concrete street that meets applicable City and state standard
specifications and criteria for a minor arterial street. At all times that the street is
not open for general traffic, Company shall erect and maintain suitable signage
as per the Manual on Uniform Traffic Control Devices. Construction of the new
street shall be completed within ninety (90) days of conveyance, unless extended
by mutual agreement of the parties. All of Company's activities in relation to
construction of a new street as described herein for purposes of facilitating a
residential subdivision development are referred to as the "Project." Company
agrees to dedicate the new street and associated right of way to the City upon
completion.
2. Exhibit "A" is hereby stricken from the Agreement, and new Exhibits "A-1" and "A-
2" are substituted in its place. The new exhibits are attached to this Amendment.
3. Except as modified herein, the Agreement shall continue unmodified in full force
and effect. The Agreement and this Amendment shall inure to the benefit of and be binding
upon the parties and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Amendment to Project
Development Agreement by their duly authorized representatives as of the date first set forth
above.
SUNNYSIDE SOUTH ADDITION, LLC CITY OF
By: o�...Y��w A- d4
Jeff ' • ort, Manager
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By:
,'ATERLOO, IOWA
Ernest G. Clark, Mayor
By: r
Suzy Sch es, City Clerk
EXHIBIT "A-1"
Project Area
A parcel of land located in the Southwest Quarter and the Southeast Quarter of Section
5, Township 88 North, Range 13 West of the 5th Principal Meridian; and in the Northwest
Quarter and the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th
Principal Meridian; all in Black Hawk County, Iowa, more particularly described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said Section 5;
thence N 89°49'35" E 606.20 feet along the South line of said Southwest Quarter and the North
right-of-way line of W. San Marnan Drive; thence N 87°38'39" E 426.83 feet along said North
right-of-way line to the point of beginning; thence continuing along said right-of-way line
N87°38'39" E 1621.12 feet to a point on the East line of said Southwest Quarter; thence N
87°27'11" E 2014.34 feet along said North right-of-way line; thence S 02°32'49" E 203.81 feet to
the North line of Parcel "E" as described in Doc. #2007 11227, recorded in the office of the
Black Hawk County Recorder; thence S 87°52'37" W 200.00 feet along North line of said Parcel
"E" to the Northwest corner of said Parcel "E"; thence S 00°29'46" W 17.69 feet along the West
line of said Parcel "E" to the South right-of-way line of W. San Marnan Drive; thence S 87°27'11"
W 874.57 feet along said South right-of-way line; thence S 88°40'09" W 942.31 feet along said
South right-of-way line; thence S 87°38'39" W 1617.86 feet along said South right-of-way line;
thence N 02°32'49" W 200.00 feet to said North right-of-way line and the point of beginning,
containing 17.323 acres.
EXHIBIT "A-2"
Property Vacated
A parcel of land located in the Southwest Quarter and the Southeast Quarter of Section
5, Township 88 North, Range 13 West of the 5th Principal Meridian; and in the Northwest
Quarter and the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th
Principal Meridian; all in Black Hawk County, Iowa, more particularly described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said Section 5;
thence N 89°49'35" E 606.20 feet along the South line of said Southwest Quarter and the North
right-of-way line of W. San Marnan Drive; thence N 87°38'39" E 426.83 feet along said North
right-of-way line to the point of beginning; thence continuing along said right-of-way line
N87°38'39" E 1621.12 feet to a point on the East line of said Southwest Quarter; thence N
87°27'11" E 2014.34 feet along said North right-of-way line; thence S 02°32'49" E 203.81 feet to
the North line of Parcel "E" as described in Doc. #2007-11227, recorded in the office of the
Black Hawk County Recorder; thence S 87°52'37" W 200.00 feet along North line of said Parcel
"E" to the Northwest corner of said Parcel "E"; thence S 00°29'46" W 17.69 feet along the West
line of said Parcel "E" to the South right-of-way line of W. San Marnan Drive; thence S 87°27'11"
W 874.57 feet along said South right-of-way line; thence S 88°40'09" W 942.31 feet along said
South right-of-way line; thence S 87°38'39" W 1617.86 feet along said South right-of-way line;
thence N 02°32'49" W 200.00 feet to said North right-of-way line and the point of beginning,
containing 17.323 acres, subject to a utility easement across the Southerly 70 feet of the above
described parcel.
Except
The East 261 feet of the above described parcel, and
Also except that part of the W. San Marnan Drive right-of-way vacated by City of Waterloo
ordinance #5146, described as follows:
A parcel of land located in the Southwest Quarter and the Southeast Quarter of Section
5, Township 88 North, Range 13 West of the 5th Principal Meridian; and in the Northwest
Quarter and the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th
Principal Meridian; all in Black Hawk County, Iowa, more particularly described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said Section 5;
thence N 89°49'35" E 606.20 feet along the South line of said Southwest Quarter and the North
right-of-way line of W. San Marnan Drive; thence N 87°38'39" E 894.24 feet along said North
right-of-way line to the point of beginning; thence continuing along said right-of-way line
N87°38'39° E 1153.71 feet to a point on the East line of said Southwest Quarter; thence N
87°27'11" E 1446.30 feet along said North right-of-way line; thence S 02°32'49" E 145.00 feet to
a point 75 feet normally distant North of the South right of way line of W. San Marnan Drive;
thence S 87°27'11" W 506.66 feet along a line 75 feet North of and parallel with said South
right-of-way line; thence S 88°40'09" W 942.73 feet along a line 75 feet North of and parallel
with said South right-of-way line to a point on the West line of said Northeast Quarter of Section
8; thence S 87°38'39" W 1150.83 feet along a line 75 feet North of and parallel with said South
right-of-way line; thence N 02°32'49" W 125.00 feet to the point of beginning; containing 7.910
acres, more or less.
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