HomeMy WebLinkAboutEIC_Enterprises,_LLC_-_Second_Amendment_to_DA_-(RECORDED)_8_3_2026 2026-13511 Z�
Docusign Envelope:ID:82EA815F-3F74-82AC-83EC-E8B23831F093 RECORDED:09/04/2026 02:28:42 PM
RECORDING FEE:$12.00
REVENUE TAX:$
COMBINED FEE:$12.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
Prepared.Austin J. McMahon. McMahon Law Office. 3356 Kimball Ave.Ste 1000.Waterloo. IA 50702 319-334-4488
Return To:ATTN: Community Planning&Development, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703.
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This Amendment to Development Agreement (the "Amendment") is entered into
as of alit `,( - , 2026 by and between EIC Enterprises, LLC (the "Company"),
Northeast lowA Food Bank, Inc. ("Food Bank"), and the City of Waterloo, Iowa (the "City").
RECITALS
A. Company and City are parties to a certain Development Agreement. dated
February 17, 2025, (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. 2025-
04511.
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 "October 31, 2025" and
replace it with "October 31, 2026" such that the "Completion Deadline" is October 31,
2026.
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 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.
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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 EIC Enterprises, LLC
Signed by:
Signed
bOt-SuA, By:
Homid2Boesen, Mayor Seth Engelb cht, Managing Member
—Signed by:
Atte Pit, Fddle
KMEPefchle, City Clerk
Docusign Envelope ID:B5DOEEFF-A50D-8372-8193-585B17102E38
2026-13510
RECORDED:09/04/2026 02:28:41 PM
RECORDING FEE:$12.00
REVENUE TAX:$
COMBINED FEE:$12.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
•A-Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2026-430
RESOLUTION APPROVING A SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT WITH EIC ENTERPRISES, LLC,
DATED NOVEMBER 3, 2025, TO EXTEND THE DEADLINES FOR
MOVING THE HOME LOCATED AT 3280 NEWELL STREET, AND
COMPLETION ON CONSTRUCTION OF THE HOME, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SAID DOCUMENT.
WHEREAS, the City of Waterloo, Iowa, and EIC Enterprises, LLC, entered into a
Development Agreement dated November 3, 2025; and
WHEREAS, the Development Agreement includes obligations relating to the relocation
of the home located at 3280 Newell Street and completion of construction of the home; and
WHEREAS, EIC Enterprises, LLC, has requested an extension of the deadlines for
moving the home located at 3280 Newell Street and completing construction of the home; and
WHEREAS, the City Council finds that approval of the Second Amendment to the
Development Agreement is in the best interests of the City of Waterloo.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA,
1. That the Second Amendment to the Development Agreement between the City of
Waterloo, Iowa, and EIC Enterprises, LLC, dated November 3, 2025, extending the deadlines for
relocation of the home located at 3280 Newell Street and completion of construction of the
home, is hereby approved.
2. That the Mayor and City Clerk are authorized and directed to execute said documents
on behalf of the City of Waterloo, Iowa.
PASSED AND ADOPTED this 3rd day of August 2026.
Signed by:
Pala betsw,
ATTEST: 393€6397B3D3421 David Boesen, Mayor
,.—Signed by:
/fe! vet, 17. C
LeAnri`M.twen, Deputy City Clerk
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Resolution 2026-430
Page 2
CERTIFICATE
I, LeAnn M. Even, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Resolution No. 2026-430, as passed and adopted by the
Council of the City of Waterloo, Iowa, on August 3, 2026. (—Signed by:
\--7561 3A0 89494
i
LeAi �M. Even,Deputy City Clerk
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