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HomeMy WebLinkAboutAvita Developments-Amend Dev Agmnt.-10/15/18(Recorded)4.001 40c- vWaA-ert CO Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 Name Address City IMNIIpIIMIIIIYIIGIBA1111111111111111Y Doc ID 009475900003 Type GEN Recorded: 01/28/2019 at 03:34:23 PM Fee Amt: $17.00 Page 1 of 3 Black Hawk County Iowa SANDIE L. SMITH RECORDER F11e2019-0001155 (319) 234-5701 Phone AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of £c+ .k — " , 2018, by and between Avita Developments, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated July 16, 2018 and filed August 28, 2018 as Doc. No. 2019-3366 (the "DA"), concerning the development of land (the "Property") described therein. B. The parties desire to amend the DA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Exhibit "A-1" of the Agreement is hereby stricken in full, and the attached new Exhibit "A-1" is substituted in its place. 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA 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. [signatures on next page] 6'7) - 2. Page 2 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: ili3O elley Fele, City Clerk AVITA DEVELOPMENTS, LLC By: �= Kalya7,Sundaram, Manager EXHIBIT "A-1" Description of City Property Parcel "I" according to Plat of Survey filed November 5, 2018 as Doc. No. 2019-7253, being a part of the Southwest % of the Southwest '% of Section 12, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, Iowa.