Eagle Window & Otto DA Amend #2_1AMENDMENT NO. 2
TO
DEVELOPMENT AGREEMENT
019/6,i/1/44
THIS AMENDMENT (the "Amendment"), made and executed as of this 20th day of
December, 1999, by and among the CITY OF DUBUQUE, IOWA, a municipality (the "City"),
established pursuant to the Code of Iowa of the State of Iowa and acting under authorization of
Chapter 403 of the Code o fIowa, as amended (the "Urban Renewal Act"), OTTO A, LLC a
Nevada limited liability company, with its principal place of business in Las Vegas, Nevada (the
"Developer"), and EAGLE WINDOW AND DOOR, 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, as amended, dated February 15, 1999 (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:
Lot 3, Kerper Industrial Park in the City of Dubuque; and
WHEREAS, due to unforeseen circumstance and delays, the parties are unable to
consummate the purchase and sale of the Property within the time contemplated by the
Development Agreement and wish to 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
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:
1. Deferral of Closing Date. The parties hereby acknowledge and agree that the
Closing Date specified in Section 2.1 of the Development Agreement shall be and
hereby is deferred and extended to February 15, 2000,or such earlier date as may be
agreed by the parties.
2. Ratification and Reaffirmation. The Parties 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 continue in full force and effect for the
duration and to the extent therein provided.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their respective duly authorized officers or representative as of the date and year first
above written.
CITY OF DUBUQUE, IOWA
(the "City")
by:
by:
OTTO A, LLC
(the "Developer"
Terrance M. Dug_, /,' ayor
A. Davis, City Clerk
EAGLE WINDOW AND DOOR, INC.
(the "Employ ri')
b
title:
attest:
title:
Herman Ahlers, Manager