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NOW, THEREFORE, in consideration of the foregoing and other good and valuable <br />consideration, the City and Lucky Pie agree to amend the Agreement as follows: <br />Section 1. Section 1 of the Parking Lease Agreement is hereby amended to read as <br />follows (words to be deleted s4ieke; words to be added underlined): <br />1. Term and Rent. Lessor leases the Premises for a term commencing on October <br />14, 2015 and terminating on June 30, 2025 (unless sooner terminated as provided <br />herein), at an initial annual rental rate of nine thousand dollars ($9,000). The first <br />annual rent payment, in the pro -rated amount of $6,423.29 for the period of October <br />14, 2015 to June 30, 2016, shall be paid to Lessor on October 19, 2015. Subsequent <br />annual rent payments shall be paid to Lessor each July 1 during the term of this <br />Lease. All rental payments shall be made to Lessor, at the address specified above. <br />Commending with the annual rent payment due July 1, 2016 and for each annual <br />rent payment thereafter, the amount of annual rent shall be adjusted by an amount <br />equal to the then -current annual percentage rate increase, if any, in the Consumer <br />Price Index for Denver -Boulder -Greeley for All Urban Consumers ("CPI-U"). For <br />the lease year beginning July 1, 2020 only, the annual rent payment shall be <br />$2,554.86, and shall be paid to Lessor on or before November 13, 2020. The annual <br />rent payment due July 1, 2021 and thereafter shall be adjusted by the CPI-U as set <br />forth in this Section from a 2020 base amount of $10,219.45. All rent shall be paid <br />in full on the date due without abatement, deduction or setoff by Lessee of any kind. <br />Rent not paid when due shall be assessed a penalty of five percent of the unpaid <br />amount plus interest on the unpaid amount from the date overdue until the date paid <br />at 1-1 /2% per month. <br />Section 2. The City hereby consents to assignment of the Agreement to LuckyPie <br />Louisville, LLC, and LuckyPie Louisville hereby accepts such assignment and agrees to be bound <br />by to perform all terms and conditions of the Agreement. <br />Section 3. Except as amended by this First Amendment, the Agreement shall remain <br />in full force and effect in accordance with its terms. <br />IN WITNESS WHEREOF, the parties have executed this First Amendment to be <br />effective on the Effective Date. <br />CITY OF LOUIS <br />RM <br />ATTEST: <br />Meredyth Muth, City Clerk <br />lzmann, Mayor <br />