Loading...
HomeMy WebLinkAboutCentral Property Holdings, LLC-Amndmt No. #3 (RECORDEDPreparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 D I111111111111111111111111 1 DIIIIID1111111111111111111111! Type: Recorded: 03/12/2019 at 09:17:17 AM Fee Amt: $22.00 Pape 1 of 4 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2019-00013533 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER AMENDMENT NO. 3 TO DEVELOPMENT AGREEMENT This Amendment No. 3 to Development Agreement (the "Amendment") is entered into as of ON , 2018, by and between Central Property Holdings, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated August 7, 2017, as later amended on February 19, 2018 and September 24, 2018 (collectively, the "DA"), concerning the development of land (the "Property") described on Exhibit "A" to the DA. The DA has been filed in the land records of Black Hawk County, Iowa, as Doc. No. 2018-7765 and as Doc. No. 2019-2747. 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. Daniel E. Levi is hereby released from the personal guaranty that he executed as part of the DA. Rodney A. Anderson shall remain obligated as personal guarantor. 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. ti Page 2 IN WITNESS WHEREOF, the parties have executed this Amendment No. 3 to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: (Lyt,lifct..LSr`- Quentin Hart, Mayor Attest: e ey Felchl Ci y Clerk CENTRAL PROPERTY HOLDINGS, LLC By: Rodney . And son Managing Member EXHIBIT "A' Legal Description of Property Lots 2 and 3 of Waterloo RX First and Franklin Subdivision; And also, Lots 17 and 18 of Block 64 of Cooley Addition; And also, that part of the 20 foot alley as platted in Block 64 of Cooley Addition lying Southeasterly of a Southwesterly extension of the Northwesterly line of Lot 17 of Block 64 of Cooley Addition and lying Northwesterly of a Southwesterly extension of the Southeasterly line of Lot 18 of Block 64 of Cooley Addition, all in the City of Waterloo, Black Hawk County, Iowa. Prepared by LeArm M. Even, Deputy Clerk City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2018-826 RESOLUTION APPROVING AMENDMENT NO. 3 TO THE DEVELOPMENT AGREEMENT BETWEEN CENTRAL PROPERTY HOLDINGS, LLC, TO REFLECT UPDATED OWNERSHIP IN THE PROJECT, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that an Amendment to the original Development Agreement dated August 17, 2017, between Central Property Holdings, LLC and the City of Waterloo, Iowa, regarding the development of land, is hereby amended to reflect updated ownership, and the Mayor and City Clerk are authorized and directed to execute said documents on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 5th day of November 2018. AT ESI: Kelley Fele City Clerk Quentin Hart, Mayor CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2018-826 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 5th day of November 2018. Witness my hand and seal of office this 5th day of November 2018. Kel ey Felchle City Clerk