HomeMy WebLinkAboutAMENDMENT TO DEVELOPMENT AGREEMENT AMENDMENT TO DEVELOPMENT AGREEMENT
This Amendment to Development Agreement(the "Amendment") is entered into as of
lc r 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 WATERL,00, IOWA
By:
By:
aul G. Thessen, Vice President
Timothy J.
Hur ayor
Attest:
Nancy Eck ity Clerk
STATE OF IOWA
BLACK HAWK COUNTY � ss.
This instrument was acknowledged before me oby
Timothy J. Hurley and Nancy Eckert, as Mayor and
Waterloo, Iowa. , 2008,
City Cler , respectively, of the City of
r\
Not ublic, State of Iowa
3/40(r
STATE OF MISSOURI
ST. LOUIS COUNTY ) ss.
This instrument was acknowledged
before me onociates, LLC.
G. Thessen as Vice President o Elk Run En _
gY Ass d , 2008
, by Paul
DENISE M.SMITH _L„,
Notary Public-Notary Seal
STATE OF MISSOURI
Jefferson County Notary public, State of
My Commission Expires: July 10,2011 Missouri
Commission#07110995
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