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HomeMy WebLinkAboutCedar River Renaissance LLC - Amendment To Development Agreement - (RECORDED)5.18.2026 2026-08544 RECORDED:06/09/2026 03:33:10 PM RECORDING FEE:$12.00 REVENUE TAX:$ COMBINED FEE:$12.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA Prepared by Austin J.McMahon,Lange&McMahon,PLC,Independence,IA 50644 319-334-4488 Return To:ATTN:Community Planning&Development,City of Waterloo,715 Mulberry Street,Waterloo,IA 50703. AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement(the"Amendment")is entered into as of & , 2026 by and between Cedar River Renaissance LLC (the "Company")and the City of Waterloo,Iowa(the"City"). RECITALS A. Company and City are parties to a certain Development Agreement dated August5,2024, (the"DA"), concerning the development of property as described in the Agreement,and filed in the land records of Black Hawk County as Doc.No.2024-21128. 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 5(A)of the DA is hereby amended to strike "March 31,2025" and replace it with"May 31, 2026," such that the Phase I Completion Deadline is May 31, 2026. 2. Section 5(A)of the DA is hereby amended to strike "June 1, 2026," and replace it with "June 1,2028,"such that the Phase 2 Start Date is June 1,2028. 3. Section 5(A)of the DA is hereby amended to strike"December 31, 2026," and replace it with"December 31,2028,"such that the Phase 2 Completion Deadline is December 31,2028. 4. Except as modified herein,the DA 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. This Amendment may be executed in multiple counterparts. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. Page 2 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 CEDAR RIVER RENAISSANCE LLC 4 141 --- By: By: 71-4ft$rz6.c._._z_. _......,_,_________,_ David Boesen, Mayor Cody Vanasse, Managing Member Attest: _e,�t,c, Kelley Felctle, City Clerk Docusign Envelope ID: 4E141 DC0-92E1-8004-81 E8-088ECDB35EBC P 2026-08543 RECORDED: 06/09/2026 03:33:09 PM RECORDING FEE: $7.00 REVENUE TAX: $ COMBINED FEE: $7.00 SANDIE L. SMITH, RECORDER BLACK HAWK COUNTY, IOWA .( 1:04e{ko Prep g red by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2026-277 RESOLUTION APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT WITH CEDAR RIVER RENAISSANCE LLC, DATED AUGUST 5, 2024, TO AMEND THE TIMELINE OF THE PROJECT FOR 203 AND 207 LAFAYETTE STREET AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENT. WHEREAS the City of Waterloo, Iowa, entered into a Development Agreement with Cedar River Renaissance LLC dated August 5, 2024, regarding the project located at 203 and 207 Lafayette Street, Waterloo, Iowa; and WHEREAS, Cedar River Renaissance LLC has requested an amendment to said Development Agreement to revise the project timeline; and WHEREAS, the City Council finds that approval of an amendment to the Development Agreement is in the best interests of the City and will facilitate completion of the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waterloo, Iowa, that: 1. The Amendment to Development Agreement with Cedar River Renaissance LLC, dated August 5, 2024, amending the timeline of the project for 203 and 207 Lafayette Street, is hereby approved. 2. The Mayor and City Clerk are authorized and directed to execute said document on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 18th day of May 2026. ,--Signed by: Pa4 bet,StAA. 333E830783D3421.,. David Boesen, Mayor ATTEST: Signed by: l 1 \—F F8OBCOFFBC84AB... Kelley Felchle, City Clerk SEAL W4 0 U j 7 0 • IP '.er iti �1 '11.- • a Prepared by Austin J. McMahon Lanqe & McMahon, PLC, Independence, IA 50644 319-334-4488 Return To: ATTN: Community Planning & Development, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of IU1,c 1b' , 2026 by and between Cedar River Renaissance LLC (the "Compaq') and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to a certain Development Agreement dated August 5, 2024, (the "DA"), concerning the development of property as described in the Agreement, and filed in the land records of Black Hawk County as Doc. No. 2024-21128. 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 5(A) of the DA is hereby amended to strike "March 31, 2025" and replace it with "May 31, 2026," such that the Phase I Completion Deadline is May 31, 2026. 2. Section 5(A) of the DA is hereby amended to strike "June 1, 2026," and replace it with "June 1, 2028," such that the Phase 2 Start Date is June 1, 2028. 3. Section 5(A) of the DA is hereby amended to strike "December 31, 2026," and replace it with "December 31, 2028," such that the Phase 2 Completion Deadline is December31, 2028. 4. Except as modified herein, the DA 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. This Amendment may be executed in multiple counterparts. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. Page 2 IN WITNESS WHEREOF, the parties have executed this Amendment to DevelopmentAgreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Attest: David Boesen, Mayor Kelley Felce, City Clerk CEDAR RIVER RENAISSANCE LLC By:r Cody Vpinasse, Managing Member