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HomeMy WebLinkAboutGrand Investments Dev Agmnt w/ Min Asmnt Agmnt - 7/16/2018 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319)234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER AMENDMENT TO DEVELOPMENT AGREEMENT AND AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendme t to Minimum Assessment Agreement (the "Amendment") is entered into as of— I�, , 2018 by and among Grand Investments, LLC (the "Assignor"), QOZ Arts M611, LLC (the "Assignee"), and the City of Waterloo, Iowa (the "City"). RECITALS A. Assignor and City are parties to that certain Development Agreement dated December 19, 2016 (the "DA"), concerning the development of land (the "Property") described therein. Assignor and City are also parties to that certain Minimum Assessment Agreement (the "MAX) 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. 2017- 13397. B. The parties desire to remove Assignor as the developer under the DA and the MAA and to substitute Assignee in place thereof. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The DA and the MAA are hereby amended to remove Assignor as the "Company" under each agreement and to substitute Assignee as the "Company" throughout both agreements. Said amendment shall be effective retroactively to the original date of each agreement. 2. Except as modified herein, the DA and MAA shall continue unmodified in full force and effect, including personal guaranties, if any. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA or MAA, as applicable. The DA, MAA, and this Amendment Page 2 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 and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA GRAND INVESTMENTS, LLC Assignor Quentin M. Hart, Mayor Brent Dahlstrom, Manager Attest: QOZ ARTS MALL, LLC Kelley Fel t le, City Clerk Assignee By: —� rent Dahlstrom, Manager