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HomeMy WebLinkAboutHabitat_for_Humanity_-_1st_amend_to_DA_(212_Oaklawn)_3162026Docusign Envelope ID: 12605196-EA79-41 A2-BF57-8561 E33BEF13 Prepared by: Austin J. McMahon, Lange & McMahon, PLC, 222 1st St. E., Independence, IA 50644 (319-334-4488) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of March 16 , 2026, by and between the City of Waterloo, Iowa ("City") and Iowa Heartland Habitat for Humanity ("Company"). RECITALS A. Company and City are parties to that certain Development Agreement dated October 20, 2025 (the "Agreement") concerning the development of property as described in the Agreement. The Agreement was filed in the records of the Black Hawk County Recorder on November 26, 2025, as Doc. No. 2025-17491. B. The parties desire to amend the Agreement 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. Paragraph A of the Recitals is hereby stricken in its entirety and substituted with an amended Paragraph A as follows: A. Company is the owner of, certain real property that is identified on Exhibit "A" attached hereto (the "Property"). Company is willing and able to finance and undertake new residential construction and/or development on the Property and to make related improvements ("Improvements" or "Project").Company is willing and agrees, to demolish structures, foundations, cement pads, sidewalks (except public sidewalks) and other improved features on the Property, and further agrees to remove all debris, bring fill as needed, and level the sites to grade. 2. Paragraph B of the Section 4 is hereby stricken in its entirety and substituted with an amended Paragraph B as follows: Docusign Envelope ID: 12605196-EA79-41 A2-BF57-8561 E33BEF13 B. Demolition. City is willing and able to reimburse up to but not exceeding $15,000.00 of the actual costs of demolition and removal and up to $13,478.00 of the actual costs of asbestos abatement that is incurred for a total reimbursement of up to $28,478.00. 3. Except as amended herein, the Agreement 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 First Amendment to Development Agreement as of the date first set forth above. Iowa Heartland Habitat for Humanity CITY OF WATERLOO, IOWA Signed by: :au NomsL °p17cpwi3g irg4ic... 2 B "—Signed by: Pavtid, 7tt,Sut —393E8397BEhtVid Boesen, Mayor Signed by: B Feld& Fetterfoelehle, City Clerk