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200412247
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Last modified
10/17/2011 12:26:38 AM
Creation date
10/21/2005 6:47:15 AM
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DEEDS
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200412247
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EXHIBIT <br />C <br />2004.2247 <br />ADDENDUM <br />TO <br />LEASE PURCHASE AGREEMENT <br />Heartland Event Center <br />THIS ADDENDUM TO AGREEMENT is executed and delivered on <br />2003, by the CITY OF GRAND ISLAND, NEBRASKA, a city of the first <br />class '6f the State of Nebraska ("City ") and FONNER PARK EXPOSITION AND EVENTS <br />CENTER, INC., a Nebraska nonprofit corporation ( "Heartland"). <br />RECITALS <br />WHEREAS, the City and Heartland entered into a Lease Purchase Agreement dated <br />October 9, 2001 (hereinafter referred to as "the Lease Purchase Agreement "), a copy of which is <br />attached hereto as Exhibit "A" and made a part hereof by reference, for the planning, designing, <br />constructing and financing of an agricultural exposition and events center which will be leased to <br />and purchased by the City in accordance with Neb. Rev. Stat., § 19 -2421; and <br />WHEREAS, the City and Heartland desire to amend the Lease Purchase Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants contained herein, the <br />parties do hereby agree and contract as follows: <br />1. The City and Heartland agree that the Lease Purchase Agreement shall be <br />amended as of the date of this Addendum to Agreement as follows: <br />1.1 Paragraph 3. of the Lease Purchase Agreement is hereby amended to read as <br />follows: <br />3. CONDITIONS PRIOR TO COMMENCEMENT. The parties agree that this <br />Agreement shall bind the parties upon approval and execution as required by law but that neither <br />party shall commence performance of its respective duties and responsibilities with respect to the <br />construction of the Project, the issuance of the Building Bonds and the payment of lease rentals <br />by the City under this Agreement until all of the following conditions have been satisfied: <br />a. Heartland shall obtain commitments for all costs of the Project from Other Fund- <br />ing Sources in excess of the amount determined by adding $7,500,000.00 (the net <br />amount to be deposited to the Construction Fund) to the investment earnings on <br />amounts in the Construction Fund applied to pay costs of the Project under Para- <br />graph 12. below . <br />
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