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HomeMy WebLinkAboutMAKO Waterloo Corporation-7/15/2013Prepared by Noel Anderson, City of Waterloo, City Hall, 715 Mulberry Street, Waterloo, Iowa 50703 phone: 319-291- 4366, facsimile 319-291-4262 FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT This Fifth Amendment to Development Agreement (the "Amendment') is entered into as of /.5, 43, by and between the City of Waterloo, Iowa ("City") and MAKO Wat rloo orporation ("Company"). RECITALS A. This is an amendment to Original Recorded Document No. 2010-00004650. B. Company and City are parties to that certain Development Agreement dated January 7, 2008 (the °Agreement") conceming the development of land described as set forth on Exhibit "A° in the original development agreement, thereto (the "Property") commonly known as the Rath Administration Building C. Company and City desire to amend the Agreement to extend the deadlines .for the completion of certain activities. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. Exhibit "C°, (1) of the agreement is amended to provide that the company completes the construction of the improvements on or before September 1, 2014. 2. That a building permit is taken out for the Improvements as set forth in Section 2 and described in Exhibit "B" of the Development Agreement, at least 180 days after the City Council approval the Fifth Amendment to the Development Agreement: 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 Fifth Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. MAKOJNATERLOO C e -9PORATION Bruce DeBolt, President CITY QST TERLOO, IOW Suzy Scha,—City Clerk EXHIBIT "A" Legal Description Lots 1-12, Block 4, Riverside Addition, City of Waterloo, Black Hawk County, Iowa; and All of the alley in Block 4, Riverside Addition, City of Waterloo, Black Hawk County, '