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HomeMy WebLinkAboutPrairie Rapids DA Amendment 12.4.2023 (RECORDED)I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII III Doc ID: 012083660002 Type: GEN Recorded: 03/14/2024 at 11:29:11 AM Fee Amt: $12.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2024-00011180 **RECORDER'S NOTE: RECORDED AS PRESENTED** City Oc- Wakrl00 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of 12/4/2023 , by and between Prairie Rapids II, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated May 15, 2023 (the "DA") conceming the development of property as described in the Agreement. The DA were filed in the records of the Black Hawk County Recorder on December 1, 2023 as Doc. No. 2024 — 7201 B. The parties desire to amend the DA to modify the terms as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Section 4 of the DA is amended to add a new paragraph B, as follows: B. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for a 10-year tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company meets all requirements to qualify for such exemption, namely: Year 1 — 80% Year 3 — 60% Years-40% Year?-30% Year9-20% Year2-70% Year4-50% Year 6 — 40% Year 8 — 30% Year 10 — 20% 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 herein will have the same meanings herein that are ascribed to them in the DA. The DA and this 8 Page 2 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. CITY OF WATERLOO, IOWA By: Qum -lilt 1-tart Quentin Hart, Mayor Attest: xjirey rFekih Kelley Felchle, City Clerk PRAIRIE RAPIDS II, LLC By: Darryl � j, Managing Member Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of 12/4/2023 , by and between Prairie Rapids II, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated May 15, 2023 (the "DA") concerning the development of property as described in the Agreement. The DA has not been filed in the land records of Black Hawk County. B. The parties desire to amend the DA to modify the terms as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Section 4 of the DA is amended to add a new paragraph B, as follows: B. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for a 10-year tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company meets all requirements to qualify for such exemption, namely: Year 1 — 80% Year 3 — 60% Year 5 — 40% Year?-30% Year9-20% Year2-70% Year4-50% Year6-40% Year 8 — 30% Year 10 — 20% 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 herein will have the same meanings herein that are ascribed to them in the DA. The DA and this Page 2 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. CITY OF WATERLOO, IOWA PRAIRIE RAPIDS II, LLC By: Quentin .11art Quentin Hart, Mayor Attest: Mrey T'ekcha Kelley Felchle, City Clerk By: Darryl , Managing Member