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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