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C.orrx'rler~cia~l <br />ADDENDUM TO LEASE AGREEMENT (LEASE #108301000) <br />BETWEEN THE CITY OF LOUISVII,LE AND NATIONAL CITY COMMERCIAL <br />CAPITAL COMPANY, LLC <br />WHEREAS, the City of Louisville (City) and National City Commercial Capital <br />Company, LLC (National) have negotiated terms under which the City will lease certain golf <br />cars from National; and <br />WHEREAS, the parties agree to add and revise certain terms and conditions to the Lease <br />Agreement (Lease); <br />NOW THEREFORE, in consideration of the mutual covenants contained herein and <br />other valuable consideration received, and with the intent to be legally bound, the parties <br />agree as follows: <br />1. The following terms and conditions aze added to the Lease: <br />a. City and National acknowledge and agree that all payment obligations under this <br />Lease Agreement are current: expenditures of City, payable in the fiscal year for <br />which funds are appropriated for the payment thereof. City's obligations under <br />this Agreement shall be from yeaz to year only and shall not constitute amultiple- <br />fiscal yeaz direct or indirect debt or other financial obligation of City within the <br />meaning of Article X, Section 20 of the Colorado Constitution. <br />b. It is expressly understood and. agreed that enforcement of the terms and conditions <br />of this Agreement, and all rights of action relating to such enforcement, shall be <br />strictly reserved to City and National, and nothing contained in this Agreement <br />shall give or allow any such claim or right of action by any other third party on <br />such Agreement. It is the express intention of City and National that any person <br />other than City or National receiving services or benefits under this Agreement <br />shall be deemed to be an incidental beneficiary only. <br />2. In Paragraph #3 of the Lease, the following sentence is hereby deleted in its entirety: <br />"Lessee authorizes Lessor to change the Rent by not more than 15% due to changes in the <br />Equipment configuration, which may occur prior to Lessor's acceptance of this Lease." <br />