HomeMy WebLinkAboutCrystal Distribution Services, Inc. - Amend. Dev. Agrmnt.-06.02.2022 (RECORDED)Doc ID: 010479510004 Type GEN
Recorded: 06/15/2022 at 11:17:33 AM
Fee Amt: $22.00 Page 1 of 4
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
Fi1e2022_00024315
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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 Amendment to Minimum
Assessment Agreement (the "Amendment") is entered into as of Je.wte_ 2 , 2022
by and between Crystal Distribution Systems, Inc. (the "Company") and the City of
Waterloo, Iowa (the "City").
RECITALS
A. Company and City are parties to that certain Development Agreement
dated May 17, 2021 and recorded June 17, 2021 as Doc. No. 2021-26625
(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 as the DA.
B. A survey has been completed to describe the Property and the Company
Property, and the parties desire to amend the DA and the MAA
accordingly 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" and Exhibit "B" are hereby stricken in their entirety and the
attached Exhibit "A" and Exhibit "B" are substituted in place thereof.
2. Except as modified herein, the DA and MAA 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 or MAA, as
applicable. The DA, MAA, 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 and Amendment to Minimum Assessment Agreement by their
duly authorized representativeys as-f the date first set forth above.
CITY OF WATERLOO,IOOWA /`"h CRYSTAL DISTRIBUTION SERVICES,
INC.
By:
Noel Anderson
Community Planning & Development
Director
2
By: __
tbomas J. Pde, President
EXHIBIT "A"
Legal Description of Property
RIVERSIDE ADDITION PART BLK 5 BLK 9 AND VAC DIVISION ST ALSO THAT PART VAC RATH ST AND LOT
25 IN MORNING SIDE ADDITION ALSO THAT PART OF A CERTAIN PARCEL OF LAND LOC ALONG N BANK
CEDAR RIVER BETWEEN ELM ST AND 18TH ST AND IN N 1/2 SE SEC 25 T 89 R 13 SAID PARCEL AS DESC IN
CLD 8 594 P 868 ALL OF THE ABOVE DESC AS FOL: BEG AT PT ON E LINE VAC ELM ST WHICH IS 143.94 FT
S OF NW COR BLK 5 IN RIVERSIDE ADDN TH S 54 DEG 23 MIN 30 SEC E 594.07 FT TH S 35 DEG 37 MIN 40
SEC W 221.87 FT TH N 54 DEG 22 MIN 15 SEC W 272,70 FT TH S 34 DEG 04 MIN 40 SEC W 206.87 FT TO SLY
LINE OF ABOVE MENTIONED PARCEL CLD 594-868 TH N 49 DEG 05 MIN 10 SEC W 233.64 FT ALONG SAID
SLY LINE TO PT IN ELM STREET EXTENDED SAID PT BEING 25.7 FT E OF W LINE OF ELM ST AS MEAS RT
ANG THERETO TH N 17 DEG 52 MIN 30 RFC: F 80 06 FT (FORM DESC AS "NLY PAR WITH AND 25.7 FT DIST
FROM SAID W LINE ELM ST 80 FT") TO RIVER FRONT IMPROVEMENT COMMISSION MONUMENT NO. 43 TH
S 49 DEG 52 MIN 40 SEC 137 .07 FT ALONG RIVER FRONT COMMISSION LINE TO E LINE ELM ST TH N 17
DEG 51 MIN 50 SEC E 350. 28 FT TO PT OF BEG THAT PART BLK 2 MORNING SIDE ADDN, THE VAC ALLEY
WITHIN SAID BLK 2 AND VAC RATH ST LYING WITHIN THE FOL DESC BOUNDS: BEG AT PT ON N (parcel
8913-25-261-022, a/k/a 1656 Sycamore Street).
AND
RIVERSIDE ADDITION PART BLK 5 AND PART VAC DIVISION STREET AND VAC RATH ST AND PART BLK 2
MORNING SIDE ADDITION ALONG WITH VAC ALLEY LYING WITHIN SAID BLK 2 DESC AS FOL: BEG AT NW
COR SAID BLK 5 TH S 72 DEG 00 MIN 00 SEC E 378.76 FT ALONG NELY LINE SAID BLK 5 TO PT OF INTER OF
NWLY EXT OF NELY LINE SAID BLK 2 TH S 65 DEG 14 MIN 40 SEC E 313.69 FT ALONG NELY LINE SAID BLK 2
TH S 35 DEG 37 MIN 40 SEC W 310.74 FT TH N 54 DEG 23 MIN 30 SEC W 625.17 TO ELY LINE VAC ELM ST TH
N 17 DEG 53 MIN E 143.94 FT ALONG SAID ELY LINE TO PT OF BEG EXC THAT PART DESC AS BEG AT NW C
OR SAID BLK 5 SAID PT BEG NW C OF FORMER RATH BLDG NO 131 TH S 72 DEG 00 MIN 00 SEC E 246.07
FT ALONG SLY LINE SYCAMORE ST TH S 36 DEG 05 MIN 00 SEC W 211.55 FT TH N 54 DEG 23 MIN 30 SEC W
188.97 FT TO ELY LINE VAC ELM ST TH N 17 DEG 53 MIN 00 SEC E 143.94 FT ALONG SAID ELY LINE TO PT
OF BEG. (parcel 8913-25-261-007, a/k/a 1620 Sycamore Street).
EXCEPT that part thereof described as Parcel "I" of Plat of Survey Doc. #2022-4295, being a part of: Lot 2, "Cowin's
Subdivision in Riverside Addition to Waterloo, Iowa"; AND vacated Elm Street and Biock 5, Riverside Addition to the
City of Waterloo, Black Hawk County, Iowa; AND the Beltline R.R. Switch lying between Blocks 5 and 9, Riverside
Addition to the City of Waterloo, Black Hawk County, Iowa; AND vacated Division Street and Biock 2, "Morning Side
Addition" in Waterloo, Iowa.
EXHIBIT "B"
Description of Company Property
Parcel "1" of Plat of Survey Doc. #2022-4295, being a part of: Lot 2, "Cowin's Subdivision in Riverside Addition to
Waterloo, Iowa"; AND vacated Elm Street and Block 5, Riverside Addition to the City of Waterloo, Black Hawk
County, Iowa; AND the Beltline R.R. Switch lying between Blocks 5 and 9, Riverside Addition to the City of Waterloo,
Black Hawk County, Iowa; AND vacated Division Street and Block 2, "Morning Side Addition" in Waterloo, Iowa.