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HomeMy WebLinkAboutWaterloo Expo Services Corp-8/22/2011AMENDMENT TO PUBLIC EXPO MANAGEMENT AGREEMENT This Amendment to Public Expo Management Agreement (the "Amendment") is entered into as ofU 'ils* „', 2011, by and between the City of Waterloo, Iowa ("City") and Waterloo Expoervices Corp. ("WESCO"). RECITALS A. City and WESCO are parties to that certain Public Expo Management Agreement (the "Agreement") dated as of April 23, 2009. B. The Agreement includes provisions relating to a "public market" building and surrounding land located on the area identified in the Agreement as the "Expo Property." Due to changed circumstances, the parties desire to amend the Agreement on the terms set forth herein to transfer certain responsibilities for the public market building and land to City. AGREEMENT NOW, THERFORE, in consideration of the premises and other consideration, the receipt and sufficiency of which is acknowledged, the parties hereby agree as follows: 1. The parties agree that the public market building and appurtenant grounds (collectively defined below as the "Public Market Property") shall, for the duration of this Amendment, be removed from the operative effect of the Agreement. Said building and grounds are comprised, more or less, of the real property generally described as Lots 4-7 and abutting alley in Block 15, Original Plat on the West Side of the Cedar River, City of Waterloo (the "Public Market Property"). The Public Market Property has not been surveyed, and in the spirit of cooperation and mutual benefit that each party will derive from their respective contributions to the success of the public market and exposition area located on the Expo Property, the parties acknowledge and agree that a precise demarcation of the Public Market Area is not necessary to accomplish the purposes of this Amendment. 2. The parties agree that the rights and duties of WESCO in relation to the Public Market Property or any part thereof are hereby suspended in their totality for the duration of this Amendment. Provisions affecting such rights and duties include, but may not be limited to, paragraphs 3.A, 4.A.i, 4.A.ii, and 4.B. The rights and duties of WESCO in relation to the remainder of the Expo Property are not affected by this Amendment. 3. This Amendment shall continue in effect until terminated by the mutual written agreement of the parties. 4. Except as modified by this Amendment, the Agreement shall continue unmodified in full force and effect. This Amendment shall be binding on the parties and the respective successors and assigns of each. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Amendment to Public Expo Management Agreement as of the date first set forth above. WATERLOO EXPO SERVICES CORP. CITY OF `� ATERLOO By: By: Aaron B1177a, President rnest G. Clark, Mayor Attest Suzy Schres, City Clerk 2