Signed Contract_Yamaha Motor Finance Corporation, U.S.A. for Amendment #2 to Equipment Schedule #116561City of Dubuque
City Council Meeting
Consent Items # 019.
Copyrighted
April 3, 2023
ITEM TITLE: Signed Contract(s)
SUMMARY: Engineering & Construction Innovations, Inc. for the Upper Bee Branch
Creek Restoration Railroad Sanitary Interceptor Crossing
Project; Yamaha Motor Finance Corporation, U.S.A., for Amendment #2
to Equipment Schedule #116561.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
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Description Type
Upper Bee Branch Creek Restoration Railroad Supporting Documentation
Sanitary Interceptor Crossing Project
Amendment #2 to Equipment Schedule #116561 Supporting Documentation
AMENDMENT # 2 TO EQUIPMENT SCHEDULE # 116561 / LEASE NUMBER M17066561
This AMENDMENT # 2 ("Amendment") TO EQUIPMENT SCHEDULE # 116561 ("Equipment Schedule") amends
such Equipment Schedule as it relates to that certain [Conditional Sales Contract/Master Lease Agreement] (the
"Agreement") dated as of February 13, 2017 by and between YAMAHA MOTOR FINANCE CORPORATION,
U.S.A., a Delaware corporation located at 6555 Katella Avenue, Cypress, CA 90630 ("YMFUS"), and Cily of Dubuque
a Iowa City located at _ 2200 Bunker Hill Road Dubuque, IA 52001 ("Customer").
NOW 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:
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 extension. Original lease matured December 1, 2022. 12 month extension now ending
December 1, 2023.
1.2 Other Terms:
Adding on 6 more payments in the amount of $5,640.00 to existing lease to be paid 05/01/2023
through 10/01/2023.
General
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
authorized signers, all with an effective date of 02/27/2023
YAMAHA MOT FINANCE C RPORATION, U.S.A.
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City of Dubuque
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