AMENDMENT # 3 TO EQUIPMENT SCHEDULE #116137
This AMENDMENT # 3 (“Amendment”) TO EQUIPMENT SCHEDULE # 116137 (“Equipment Schedule” ) amends such Equipment Schedule as it relates to that certain [Conditional Sales Contract/Master Lease Agreement] (the “Agreement”) dated as of December 6, 2016 by and between YAMAHA MOTOR FINANCE CORPORATION, U.S.A., a Delaware corporation located at 6555 Katella Avenue, Cypress, CA 90630 (“ YMFUS”), and City of Sunnyvale, located at PO Box 3707, Sunnyvale, CA 94088 (“Customer”).
NO
W THEREFORE, in consideration of the mutual promises and covenants herein contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
I. Amended Terms
1.1 Payments on the Equipment Schedule have been amended and shall be due on the following Remaining Schedule of Payments effective the date of this Amendment:
Lease
Payment
Sales
Tax
Total
Payment
1/1/2022 $4,110.00 $375.04 $4,485.04
2/1/2022 $4,110.00 $375.04 $4,485.04
3/1/2022 $4,110.00 $375.04 $4,485.04
4/1/2022 $4,110.00 $375.04 $4,485.04
5/1/2022 $4,110.00 $375.04 $4,485.04
6/1/2022 $4,110.00 $375.04 $4,485.04
7/1/2022 $4,110.00 $375.04 $4,485.04
1.2 O
ther Terms: The 7 month extension is a month to month payment. Upon return of the golf cars no futher extension payments will be due.
II. G eneral
2.1 Authority for Amendment. The execution, delivery and performance of this Amendment has been duly authorized by all requisite corporate or other action on the part of YMFUS and Customer and upon execution and delivery by each of them, will constitute a legal, binding obligation thereof.
2.2 Effect of Amendment. Except as specifically amended hereby, the Agreement and the Equipment Schedule, and all terms contained therein, remains in full force and effect. The Equipment Schedule, as amended by this Amendment, constitutes the entire understanding of the parties with respect to the subject matter hereof. Capitalized terms used herein and not otherwise defined shall have the meaning given them in the Agreement.
2.3 Binding Effect. Each reference herein to a party hereto will be deemed to include its successors and assigns, all of whom will be bound by this Amendment and in whose favor the provisions of this Amendment will inure.
2.4 Counterparts. This Amendment may be executed in counterparts, each of which will constitute an original, but all of which, when taken together, will constitute but one agreement. Copies may be transmitted by facsimile or other electronic means (including attachments to email) for signature and each manually executed or other electronic copy (including an attachment to an email) may be used for all purposes as an original by any party. The Customer, by making any payment required under the Agreement and Equipment Schedule, as amended by this Amendment, ratifies all of the terms of the Agreement and the Equipment Schedule as so amended.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly aut
horized signers, all with an effective date of November 1, 2021.
YAMAHA MOTOR FINANCE CORPORATION, U.S.A.
By:
Its:
City of Sunnyvale
By:
Its:
Attachment 1