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HomeMy WebLinkAboutIowa Economic Development-12/19/2011 (2)167NA ECONOMIC DEVELOPMENT AUTHORITY 200 East Grand Avenue 1 Des Moines, Iowa 50309 USA 1 Phone: 515.725.3000 iowaeconomicdevelopment.com January 9, 2012 The Honorable Ernest Clark City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Barbara Corson, President H.W. Grout Trust 503 South Street Waterloo, IA 50701 The Honorable Jon Crews City of Cedar Falls 220 Clay Street Cedar Falls, IA 50613 IOWA economic development RECEIVED JAN 121012 RE: Vision Iowa Contract 01 -VI -010 - Cedar Valley River Renaissance Project Dear Mayor Clark, Mayor Crews, and Ms. Corson: Please find enclosed a fully -signed copy of Amendment # 5 to the Vision Iowa contract 01 -VI -010 between the Vision Iowa Board and the City of Waterloo and H.W. Grout Trust and City of Cedar Falls for your file. Thank you for your work on this project. If you should have any questions or concerns, please contact me at 515.725.3085, or by email at Jessica.ORilev@iowa.gov Sincerely, Jessica O'Riley Vision Iowa/CAT Program Manager Governor Terry E. Branstad 1 Lt. Governor Kim Reynolds 1 Director Debi V Durham Page 1 of 3 Amendment No. 5 Contract No. 01-V1-010 PROGRAM: CONTRACT NUMBER: AMENDMENT NUMBER: EFFECTIVE DATE: AMENDMENT Vision Iowa 01 -VI -010 5 November 9, 2011 THIS AMENDMENT is made by and between the VISION IOWA BOARD, (hereafter "Board"), 200 East Grand Avenue, Des Moines, Iowa 50309, an agency of the State of Iowa, and the City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 and the H.W. Grout Trust, 503 South Street, Waterloo, IA 50701 and City of Cedar Falls, 220 Clay Street, Cedar Falls, IA 50613 (hereafter "Contractor"), Contractor, by correspondence dated October 6, 2011, requested that the contract be amended to extend the project completion date. Contract Number 01 -VI -010 is hereby modified as follows: GRANT AWARD AGREEMENT VISION IOWA NUMBER: O1 -VI -010 TOTAL AMOUNT OF GRANT: $9,500,000 RECIPIENTS: CITIES OF CEDAR FALLS AND WATERLOO, IOWA AND THE H.W. GROUT TRUST PROJECT: "CEDAR VALLEY RIVER RENAISSANCE" PROJECT AGREEMENT EFFECTIVE DATE: July 13, 2005 PROJECT COMPLETION DATE: Dee -ember -34344109 Deeem ver 31 1 June 30, 2012 SECTION 1 ARTICLE 9 COVENANTS OF RECIPIENTS 9.7.1 AFFIRMATIVE COVENANTS. Until the terms of this Agreement are fulfilled, the Recipients covenant to Vision Iowa that: (a) PROJECT WORK. The Recipients shall complete their respective components of the Project by December 31, 2009 December 31, 2011 June 30, 2012. For the purposes of this section "complete" means the Project is fully constructed and operational. Page 2 of 3 Amendment No. 5 Contract No. 01 -VI -010 ARTICLE 11 DEFAULT AND REMEDIES 11.2 EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement. (c) FAILURE TO COMPLETE. If the Project, in the sole judgment of the Board, is not completed by December 31, 2009 December 31, 2011 June 30, 2012. For the purposes of this section "completed" means the Project is fully constructed and operational. SECTION 2 Suspension of Other Funding Requests. Until the Recipients complete the Project and the Board verifies the Project expenditures: i. The City of Waterloo shall not submit to the Board any new applications for any financial assistance. ii. The City of Waterloo shall suspend all applications for any financial assistance that are currently pending before the Board, including but not limited to the Waterloo Development Corporation / Cedar Valley SportsPlex project (Application number 11 -CAT -023). iii. The Board shall not consider any current or future applications from the City of Waterloo for any fmancial assistance, including but not limited to the Waterloo Development Corporation / Cedar Valley SportsPlex project (Application number 11 -CAT -023). SECTION 3 CAT Marketing Fund Applications Permitted. Notwithstanding anything to the contrary, Section 2 of this Amendment shall not apply to any applications for CAT marketing funds under Iowa Code section 15F.204(5) (2011) by the City of Waterloo. Furthermore, the Board may consider current or future applications for CAT marketing funds under Iowa Code section 15F.204(5) (2011) from the City of Waterloo. Except as otherwise revised above, the terms, provisions, and conditions of Contract Number 01 -VI -010 remain unchanged and are in full force and effect: FOR THE VISION IOWA BOARD: Cathy Reece, Clirwoman FOR THE CITY OF CEDAR FALLS: __!—— Date /2/740/./ o �� . Crews, Mayor Date Page 3 of 3 Amendment No. 5 Contract No. 01 -VI -010 FOR T CITY OF WATERLOO: Ernest G. Clark, Mayor Date FOR THE H.W. GROUT TRUST: vAlr Barbara Corson, President Date