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HomeMy WebLinkAboutTaylor Ventures - Amendment to Dev Agmnt & Min Assmnt Agmnt-12/11/2017Preparer Information: Adrienne Miller, 715 Mulberry Street, Waterloo, IA 50703 Name Address City (319) 291-4366 Phone SPACE ABOVE THIS LINE FOR RECORDER AMENDMENT TO DEVELOPMENT AGREEMENT and AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of be cc r- e-- 2017 by and between Taylor Ventures, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated February 15, 2016 (the "DA") concerning the development of land (the "Property") described on Exhibit "A" to the DA. Company and City are also parties to that certain Minimum Assessment Agreement (the "MAA") pertaining to the Property, dated as of the same date. The DA and MAA have been filed in the land records of Black Hawk County, Iowa, as Doc. No, 2016-18700. B. The parties desire to amend the DA and MAA on the terms set forth herein to extend the time for Company to complete the Project. AGREEMENT 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. Section 3 of the DA and Section 1 of the MAA are each amended to strike "December 31,2019" therefrom and to substitute "August 31, 2020" in place thereof. Also strike "January 1, 2018" therefrom and substitute "September 1 2018" Section 2 of the MAA is also amended to strike "December 31, 2032" and January 1, 2033" therefrom and to substitute "August 31, 2033" and September 1, 2033" in place thereof, respectively. 2. Except as amended herein, the DA and MAA shall continue unmodified in fill force and effect. This Amendment is binding on the parties and the respective successors, assigns, transferees and legal representatives of each. This Amendment may be executed in counterpart, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA COMPANY, By:,sZalA2 By: 0/./ Quentin Hart, Mayor �, Tom Taylor,r Ventures, LLC Attest: ///./u1.41 Kelley Felch City Clerk STATE OF IOWA ss. COUNTY OF BLACK HAWK y '\ On this 7 day of J�ce_ ,\ , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. NANCY HICBY COMMISSION NO.788229 MY COMMISSION EXPIRES Notary Publi AteA STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on Z'Cli2'L / / , 2017 by Tom 1 Taylor. TIM ANDERA COMMISSION NO.772518 MY COMMISSION EXPIRES APRIL 11, 2018 Notary Public