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201106937
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Last modified
10/9/2011 10:52:19 PM
Creation date
9/20/2011 8:40:44 AM
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DEEDS
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201106937
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,' <br />;� <br />� <br />2011Q693� <br />2004�.�a47 <br />ADDENDUM <br />TO <br />LEASE PURCHA►SE 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 f 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 da.ted <br />October 9, 2001 (hereinafter referred to as "th� Lease Pu�rahase Agreement"), a copy of wluch is <br />attached hereto as Exhibit "A" and made a gart hezeof 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 accordaace with Neb. Rev. Stat.. § 19-2421; and <br />EXHIBIT <br />� c <br />WHEREAS, the City and Heartland desire to amend the Lease Purchase Agreement . <br />NOW, THEREFOR.E, in consideration of the mutual covenaats 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 />arnended as of the date of tlus 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 ttus <br />Agreement shall bind the parties upon approval and execution as required by law but that neither <br />party shall commence performance of its respecriye duties and responsibiliries with respect to the <br />construction of the Praject, 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. Heaztland shall obtain commitments for all costs of the Project from Other Fund- <br />ing Sources in ercess of the amount determined by adding �7,504,000.04 (the net <br />amount to be deposited to the Construction Fund) to the investment eamings on <br />amounts in the Construction Fund applied to pay costs of che Project under Para- <br />graph 12. below . <br />
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