HomeMy WebLinkAboutElk Run Energy Associates, LLC-Amendment to Development Agreement -� ' • ).005- 7
AMENDMENT TO DEVELOPMENT AGREEMENT
This Amendment to Development Agreement (the "Amendment") is entered into as of
19er ► I 2 8 , 2008, by and between the City of Waterloo, Iowa("City") and Elk Run
Energy Associates, LLC ("Developer").
RECITALS
A. City and Developer are parties to a certain Development Agreement (the
"Agreement") dated as of May 7, 2007.
B. The parties desire to amend the Agreement as set forth herein.
AGREEMENT
NOW, THERFORE, in consideration of the premises and other consideration, the receipt
and sufficiency of which is acknowledged, the parties hereby agree as follows:
1. Section 2.2 is amended to strike therefrom the reference to December 31, 2009
and to substitute in lieu thereof December 31, 2011.
2. Section 3.3 is amended to strike therefrom the reference to December 31, 2010
and to substitute in lieu thereof December 31, 2012.
3. Section 4.4 is amended to strike the second sentence therefrom and to substitute in
its place the following sentence: "The parties agree that the Road Upgrade will consist of a two-
lane rural section road, except where a two-lane urban road design is necessary due to right-of-
way constraints and existing home constraints on the rural section road design, with ten-foot
shoulders and a two-lane concrete bridge and supporting structures."
4. Except as modified by this Amendment, the Agreement shall continue unmodified
in full force and effect. This Amendment may be executed in one or more counterparts, each of
which shall be deemed an original and all of which, taken together, shall constitute one and the
same instrument.
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]
ELK RUN ENERGY ASSOCIATES, LLC CITY OF WATERLOO, IOWA
By: r1 By: f
Paul G. Thessen, Vice President Timothy J. Hur K ayor
Attest
Nancy Eck rty Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
This instrument was acknowledged before me on ,( ,a g , 2008, by
Timothy J. Hurley and Nancy Eckert, as Mayor and City Cler , respectively, of the City of
Waterloo, Iowa.
Not ublic, State of Iowa
1,4011
STATE OF MISSOURI )
) ss.
ST. LOUIS COUNTY )
This instrument was acknowledged before me on 7 - — , 2008, by Paul
G. Thessen as Vice President of Elk Run Energy Associates, LLC.
DENISE M.SMITH
Notary Public-Notary Seal Notary Public, State of Missouri
STATE OF MISSOURI
Jefferson County
My Commission Expires: July 10,2011
Commission#07110995
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