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HomeMy WebLinkAboutAvita Developments-1/3/20171101111 1iii1111111111111111111111111iii1i01111110hilihilihiliiliiilii Doc ID. 007554110002 Type GEN Recorded: 02/10/2017 at 03:34:44 PM Fee Amt: $12.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER F11e2017-00014314 Ol -( LOCL.ke-aco Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment) is entered into as of 31 z� r by and between the City of Waterloo, Iowa ("City") and Avita Developme ts, LLC ("Company"). RECITALS A. Company and City are parties to that certain Development Agreement dated June 11, 2012 (the "Agreement") concerning the development of property as described in the Agreement. The Agreement was filed in the records of the Black Hawk County Recorder on September 24, 2012 as Doc. No. 2013-6066. B. The parties desire to amend the Agreement on the terms set forth herein. 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 caption of Section 3 is modified to strike the words "Possibility of Reverter" therefrom, which were included in error. 2. Section 7 is hereby stricken in its entirety, and the following text is substituted in place thereof: "Section 7. Reserved." The parties will enter into a separate agreement to provide further incentives for the Project. 3. Except as modified herein, the Agreement shall continue unmodified in full force and effect. Capitalized terms used herein that are not defined in this Amendment shall have the meaning attributed to them in the Agreement. 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 Development Agreement by their duly authorized representatives as of the date first set forth above. (j9) AVITA DEVELOPMENTS, LLC By: Kalyan a undaram, Manager Quentin Hart, Mayor CITY OF WATERLOO, IOWA By: 2