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ADDENDUM TO AGREEMENT i- Evef3ank Please fax completed and signed Addendum to 1- 866- 329 -8795 COMMERCIAL FINANCE' Questions or need assistance? Call 1 -866- 550 -8795 IWOMMOU AGREEMENT NUMBER: 41075015 LESSEE /CUSTOMER NAME: CITY OF NORTH OLMSTED, OHIO DBA SPRINGVALE GOLF COURSE & BALLROOM LESSEE/CUSTOMER ADDRESS: 5200 DOVER CENTER ROAD, NORTH OLMSTED, OH 44070 This Addendum supplements the provisions of the Lease Agreement Identified by the Agreement Number specified above ( "Agreement"). You and We make this Addendum an integral part of the Agreement. Capitalized terms used in this Addendum that are not defined will have the meanings specified in the Agreement. If there Is any conflict between the Agreement and this Addendum, then this Addendum will control and prevail, 1. Funding Intent. You reasonably believe that funds can be obtained sufficient to make all Monthly Payments and other payments during the term of this Agreement. You affirm that funds to pay Monthly Payments and other payments under this Agreement are available for Your current fiscal year. You and We agree that Your obligation to make Monthly Payments under this Agreement will be Your current expense and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or requirements. Nothing contained In this Agreement will be interpreted as a pledge of Your general tax revenues, funds or moneys. 2. Use of Equipment. The Equipment will be operated and controlled by You and will be used for essential government purposes and will be essential for the term of this Agreement. 3. Signatures. You warrant You have taken the necessary steps; including any legal bid requirements under applicable law to arrange for acquisition of the Equipment; the approval and execution has been in accordance with all applicable open meeting laws; and that a resolution of the governing body of Lessee /Customer authorizing execution of the Agreement has been duly adopted and remains In full force and effect. 4. Non - Appropriation of Funds. If sufficient funds are not appropriated and budgeted by Your governing body in any fiscal year for Monthly Payments or other payments due under this Agreement, this Agreement will terminate as of the last day of Your fiscal year for which funds for Monthly Payments are available. You will give Us written notice wlthln fifteen (15) days of the occurrence of such non- appropriation. Such termination is without any expense or penalty, except for the portions of the Monthly Payments and those expenses associated with Your return of the Equipment in accordance with Section 3 of this Agreement for which funds have been budgeted and appropriated or are otherwise legally available. You agree that, to the extent permitted by law, (x) You will not terminate this Agreement if any funds are appropriated by You or to You for the acquisition or use of equipment or services performing similar functions to the Equipment during Your fiscal year in which such termination would occur and (y) You will not spend or commit funds for the acquisition or use of equipment or services performing functions similar to the Equipment until the fiscal year following the fiscal year for which funds were first not available for the Monthly Payments. All other terms and conditions of the Agreement shall remain in full force and effect. EVERBANK COMMERCIAL FINANCE, INC. CITY OF NORTH OLMSTED, OHIO SPRINGVALE GOLF COURSE & BALLROOM Lessor /Owner Lessee /Customer X X Authorized Print Name Date Date ame Addendum to Agreement - Muni Universal V3 01012012