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HomeMy WebLinkAboutCedar Skyline Corporation-1/30/2012 (2)IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11I,Doc ID 004765720003 Type GEN Kind AMENDMENT Recorded: 04/20/2012 at 10:39:02 AM Fee Amt: $17.00 Page 1 of 3 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2012-00019291 Pease rei:i rn this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment, o Development Agreement (the "Amendment") is entered into -as of 50 ~' , by and between the City of Waterloo, Iowa ("City") and Cedar Skyline Corporation ("Company"). RECITALS A. Company and City were parties to that certain Development Agreement dated September 23, 1999 (the "Agreement") concerning the development of land (the "Property") described on Exhibit "B" to the Agreement. B. Before entering into the Agreement, the City made a loan to Company in the principal amount of $250,000 on or about April 30, 1996 (the "Loan"), and the Loan was secured by a Real Estate Mortgage filed July 31, 1996 in 756 CLM 619 (the "Mortgage") covering the Property. The purpose of the Loan was to assist Company in undertaking certain demolition and rehabilitation activities on the Property. Company has completed the intended activities. C. The Agreement failed to state the parties' intention that the Loan would be forgivable following completion of Company's faithful performance under the Agreement. D. The Agreement failed to place a Minimum Assessment Agreement on an impacted property, which will be set at the 2011 assessed value of $206,260. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The Agreement is hereby amended to provide that the Loan is forgiven as of the date hereof and that the Mortgage is released and discharged. A release of the Mortgage in the form attached hereto as Exhibit "A" will be promptly filed in the county land records. 2. The Development Agreement with Minimum Assessment Agreement will be approved with CDoyle Properties LLC to set the minimum vale at the 2011 assessed value of $206,260 for the period stated therein. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement as of the date first set forth above. CEDAR SKYLINE CORPORATION By Title: /2" z -L s CITY OF WATERLOO, IOWA : By Ernest G. Clark, Mayor By: Suzy Schar s, City Clerk EXHIBIT "A" See attached mortgage release.