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HomeMy WebLinkAboutEIC_Enterprises_LLC_-(RECORDED) Amendment_to_DA_-_8.3.2026 Docusyn Envelope ID:82EA815F-3F74-82AC-83EC-E8B23831 F093 2026-13513 RECORDED:09/04/2026 02:28:44 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. AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement(the"Amendment") is entered into as of :sA. r 2026 by and between EIC Enterprises,LLC(the"Company")and the City of Waterloo, Iowa(the"City"). RECITALS A. Company and City are parties to a certain Development Agreement.dated November 3, 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- 17498. 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 4(A)of the DA is hereby amended to strike"within six(6)months of the date of this Agreement" and replace it with "by November 1st, 2026"such that the Moving Deadline is November 1,2026. 2. Section 4(A) of the DA is hereby amended to strike "within fourteen (14) months of the date of this Agreement"and replace it with"by May 1st, 2027"such that the Improvements shall be Substantially Complete by May 1st,2027. 3. 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. Docusign Envelope ID: 82EA815F-3F74-82AC-83EC-E8B23831 F093 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: y:Oavu4., bac,swt, By: 393E11WeBoesen, Mayor Seth Eng echt, Managing Member —Signed by: Atte t:1 f remesTlthle, City Clerk Docusign Envelope ID:B5DOEEFF-A50D-8372-8193-585B17102E38 2026-13512 RECORDED:09/04/2026 02:28:43 PM RECORDING FEE:$7.00 REVENUE TAX:$ COMBINED FEE:$7.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2026-431 RESOLUTION APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH EIC ENTERPRISES, LLC, TO EXTEND THE COMPLETION DEADLINE OF THE HOMES ALONG CHALMERS AVENUE TO OCTOBER 31, 2026, 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 concerning the development and completion of homes along Chalmers Avenue; and WHEREAS, EIC Enterprises, LLC, has requested an extension of the completion deadline for said homes to October 31, 2026; and; WHEREAS, the City Council finds that approval of the amendment 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 amendment to the Development Agreement between the City of Waterloo, Iowa, and EIC Enterprises, LLC, extending the completion deadline for the homes along Chalmers Avenue to October 31, 2026, 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: VALiot, 156t,St,it, —393E8397B3D3421... ATTEST: David Boesen, Mayor (—Signed by: ,, 142.sr. /. cr o,L \ Ann 1 bbl Mr: 9494. Leeven, Deputy City Clerk 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. 2026-431, as passed and adopted by the Council of the City of Waterloo, Iowa, on August 3, 2026. (—Signed by: SEAL �j 4t, •—/bb1U U1 9494.. LeAnn l . Even, Deputy City Clerk 0 W4. -k �C 5),