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HomeMy WebLinkAboutCamenzind Masonry, LLC - (RECORDED) Amendment to Dev Agmnt and MA - 3.4.2024 2024-16413 RECORDED:06/26/2024 03:06:33 PM RECORDING FEE:$12.00 REVENUE TAX:$ COMBINED FEE:$12.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50703. 319-234-5701 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 j 2,0 V4'by and between the City of Waterloo, Iowa ("City") and Camenzind Masonry, LLC "Company"). RECITALS A. Company and City are parties to that certain Development Agreement dated August 15, 2022 (the "Agreement") concerning the development of property as described in the Agreement and also parties to that certain Minimum Assessment Agreement of the same date (the "MAA"). The Agreement and MAA were filed together in the records of the Black Hawk County Recorder on September 22, 2022 as Doc. No. 2023-5042. B. The parties desire to amend the DA and MAA on the terms set forth herein. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Section 5 of the DA is amended to state that the Completion Deadline is October 31, 2024. 2. Section 1 of the MAA is amended to strike "December 31, 2023" therefrom and to substitute "December 31, 2024" in its place. 3. Section 2 of the MAA is amended to strike "December 31, 2033" therefrom and to substitute "December 31, 2034" in its place. 4. Except as amended herein, the DA and the MAA shall continue unmodified in full force and effect. Terms capitalized in this Amendment but not defined herein shall have the meaning ascribed to them in the Agreement. This Amendment is binding on the parties and the respective successors, assigns, transferees and legal representatives of each. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement as of the date first set forth above. CAMENZIND MASONRY, LI CITY OF WATERLOO, IOWA C By: ;i By: t t /Michael Camenzin Quentin M. Hart, Mayor Managing Member By: Aildk Kelley Fel hle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on h(Ui9 )�11 2LV( , by Michael Camenzind as Managing Member of Camenzind Masonry, LLC. t n EMILY SELIGA !/ 2 fit" Commission Number 849716 *, * My Commission Expires Notary Public 'OW' July 27,2026 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Mild/ Acknowledged before me on 5 , by Quentin M. Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo,Iowa. o0P"sc BRITNI C PERKINS z r COMMISSION NO.845529 N t * MY COMMISSION EXPIRES IOWA JANUARY 27,2026 2 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50703. 319-234-5701 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 (xi LA 24,21 by and between the City of Waterloo, Iowa ("City") and Camenzind Masonry, LLC "Company"). RECITALS A. Company and City are parties to that certain Development Agreement dated August 15, 2022 (the "Agreement") concerning the development of property as described in the Agreement and also parties to that certain Minimum Assessment Agreement of the same date (the "MAA"). The Agreement and MAA were filed together in the records of the Black Hawk County Recorder on September 22, 2022 as Doc. No. 2023-5042. B. The parties desire to amend the DA and MAA on the terms set forth herein. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Section 5 of the DA is amended to state that the Completion Deadline is October 31, 2024. 2. Section 1 of the MAA is amended to strike "December 31, 2023" therefrom and to substitute "December 31, 2024" in its place. 3. Section 2 of the MAA is amended to strike "December 31, 2033" therefrom and to substitute "December 31, 2034" in its place. 4. Except as amended herein, the DA and the MAA shall continue unmodified in full force and effect. Terms capitalized in this Amendment but not defined herein shall have the meaning ascribed to them in the Agreement. This Amendment is binding on the parties and the respective successors, assigns, transferees and legal representatives of each. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement as of the date first set forth above. CAMENZIND MASONRY, LLC CITY OF WATERLOO, IOWA By: ,, ii By: CA-, 13 cck7' /Michael amenzin Quentin M. Hart, Mayor Managing Member By: /I Kelley Felhle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on riabCUCtriA I ll 2,62)4 , by Michael Camenzind as Managing Member of Camenzind Masonry, LLC. �c EMILY SELIGA � I is Commission Number 849716 * My Commission Expires Notary Public /Owl July 27,2026 STATE OF IOWA ss. BLACK HAWK COUNTY ) Acknowledged before me on Mrrr,Ii 5 by Quentin M. Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo Iowa. a�"(s� BRIM C PERKINS z • COMMISSION NO.845529 Nbt I. * * MY COMMISSION EXPIRES IOWA JANUARY 27,2026 2