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Progressive Packaging Development Agreement AmendmentTO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Development Agreement between City of Dubuque and Progressive Packaging, LLC DATE: May 2, 2008 I respectFully recommend Mayor and City Council approval of an amendment to the Development Agreement between the City of Dubuque and Progressive Packaging, LLC to extend the closing date on the land sale for an additional 14 days, ending May 16, 2008. ~~ C l ~~ Michdel C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager AMENDMENT TO DEVELOPMENT AGREEMENT This amendment to Development Agreement is dated May 1, 2008 and made by and between the City of Dubuque, Iowa, a municipality ("Seller") and Progressive Packaging, LLC ("Purchaser") (collectively referred to as the "Parties"). . WHEREAS, the Parties hereto entered into a Development Agreement dated Apri121, 2008 (the "Agreement"). NOW THEREFORE, for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement to extend the Closing Date, as defined in Section 1.1 of the Agreement, for an additional fourteen (14) days ending May 16, 2008. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their authorized representatives as of the day and year first above written. AGREED BY AND BETWEEN: City of Dubuqeu, Iowa Print Name: Roy D. Buol Title: Mayor Progressive Packaging, LLC Q~ By: Print Name: Russell C. Potter Title: President Date: May 7, 2008 Print Name: Jeanne F. Schneider Title: City Clerk Date: May 5, 2008 Page 1 of 1 667299v4