HomeMy WebLinkAboutMenard Inc. - Notice of Cancellation-10/10/2016Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701
Return to preparer after recording.
NOTICE OF CANCELLATION
WHEREAS, on or about September 24, 2007 the City of Waterloo, Iowa ("City") and
Menard, Inc. ("Company") entered into a certain Development Agreement (the "DA") and
Minimum Assessment Agreement concerning real property legally described therein, which were
filed February 4, 2008 as Doc. No. 2008-15430, and which were amended respectively by
documents filed October 29, 2009 as Doc. No. 2010-08667 and Doc. No. 2010-08666 (collectively,
the "Amended Agreements"); and
WHEREAS, Section 5 of the DA as amended provided that the City has the sole option to
cancel the Agreement if project improvements are not completed by a specified date; and
WHEREAS, no extension of time to complete the improvements was made other than as set
forth in the amended DA; and
WHEREAS, Company has failed to complete the improvements.
NOW, THEREFORE, City does hereby cancel the Amended Agreements.
Dated October k b , 2016.
CITY OF WATERLOO, IOWA
By:
Quentin Hart, Mayor
Attest:
Kelley Felch
[acknowledgment on next page]
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STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
On October ( - , 2016, before me, a Notary Public in and for the State of Iowa,
personally appeared Quentin Hart and Kelley Felchle, to me personally known, and who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Waterloo, Iowa; the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City�Council as contained in the Resolution adopted by the City Council under
roll call number 1 �-IU2kSg1r of the City Council on October /0 , 2016 and that said persons
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
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