Amendment No. 3 to Horizon/CarteGraph Development AgreementAMENDMENT NO. 1,
TO
DEVELOPMENT AGREEMENT
THIS A v1ENDMENT (the "Amendment"), made and executed as of this 5th day of April 1999, by and
among the CITY OF DUBUQUE, IOWA, a municipality (the "City"), established pursuant to the Code oflowa of the
State of Iowa and acting under authorization of Chapter 403 of the Code oflowa, as amended (the "Urban Renewal
Act"), HORIZON DEVELOPMENT GROUP, LLC, a Wisconsin limited liability company, with its principal place
of business in Madison, Wisconsin (the "Developer"), and CARTEGRAPH SYSTEMS, INC., an Iowa Corporation,
with its principal place of business in Dubuque, Iowa (the "Employer"),
WITNESSETH:
WHEREAS, the above -identified parties have executed a certain Development Agreement dated January IS,
1999, as amended by Amendment No. 1 thereto dated February 1, 1999, and by Amendment No. 2 thereto dated March
1, 1999 (together, the "Development Agreement"), pertaining to, inter alia, the purchase, sale, development and use of
certain real property located in the City of Dubuque, County of Dubuque, State of Iowa (the "Property") which is more
fully described as:
Lots 10 and 11, Block 2 of Dubuque Technolog Park; and
WHEREAS, due to unforeseen circumstances and delays, the parties were unable to satisfy all conditions and
requirements precedent to closing prior to the expiration of deferred deadline for closing, March 31, 1999, and again
wish to further extend the deadline for closing, and
WHEREAS, The parties desire to amend the Development Agreement in order to allow additional time for the
parties to complete and satisfy various conditions precedent to closing: and
WHEREAS, unless otherwise specifically defined herein, all capitalized terms shall have the same meanings
which are assigned to them in the Development Agreement.
NOW, THEREFORE, in consideration of the Agreement, the foregoing recitals, the mutual covenants, terms
and conditions hereinafter set forth and other valuable consideration, the receipt and sufficiency of which hereby are
acknowledged, the City, Developer and Employer do hereby agree to modify, amend and supplement the Agreement, as
follows:
I. Deferral of Closina Date. The parties hereby acknowledge and agree that the Closing Date specified in
Section 1.1 of the Development Agreement, shall be and hereby is deferred and extended to April 30, 1999, or such
earlier date as may be agreed by the parties.
2. Rati fication and Rea 'rmation. The Seller and buyer hereby ratify and reaffirm all terms and conditions
of the Agreement which are not expressly modified, amended or supplemented herein and acknowledge and agree that
the Agreement, as modified, amended and supplemented hereby, shall be and hereby is reinstated and shall continue in
i 11 force and effect for the duration and the extent therein provided.
IN WITNESS WHER `-)F, the parties have caused this Agreemen'- -o be executed by their respective duly
authorized officers or represental.. as as of the date and year first above writtd.
CITY OF DUBUQUE, IOWA
:he "City")
n
by
by:
Mary . Davis, City Clerk
CARTEGRAPH SYSTEMS, INC.
(the "Emslover")
by:
title
attest:
s
title:
F:\USERS\JBURKE\BURKETOCS\ECDEV\CARTEGRA\AMAGRE3.WPD
March 30, 1999 (8:53am)
HORIZON DEVELOPMENT GROUP, LLC
(the "Developer")
by:
by:
by:
Charles V. Heath, Member
John K. Faust, Member
John W. Thode, Member