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FISCAL FUNDING ADDENDUM s W 0 y 0 c� Full Legal Name City of Sunny Isles Beach DBA Name (If Any) Billing Address 18070 Collins Ave. Phone Number City Sunny Isles Beach County Agreement Number 500-50823891 Agreement State FL Zip Code 33160 Customer warrants that it has funds available to pay all rents (the "Payments") payable under the above identified Agreement until the end of Customer's cur- rent appropriation period. If Customer's legislative body or other funding authority does not appropriate funds for Payments for any subsequent appropria- tion period and Customer does not otherwise have funds available to lawfully pay the Payments (a "Non -Appropriation Event"),Customer may, subject to the conditions herein and upon prior written notice to Company (the "Non -Appropriation Notice"), effective sixty (60) days after the later of Company's receipt of same or the end of the Customer's current appropriation period (the "Non -Appropriation Date"), terminate the Agreement and be released of its obligation to make all Payments due Company coming due after the Non -Appropriation Date. As a condition to exercising its rights under this Addendum, Customer shall (1) provide in the Non -Appropriation Notice a certification of a responsible official that a Non -Appropriation Event has occurred, (2) deliver to Company an opinion of Customer's counsel (addressed to Company) verifying that the Non -Appropriation Event as set forth in the Non -Appropriation Notice has occurred, (3) return the equipment/system subject to the Agreement (the "Equipment/System") on or before the Non -Appropriation Date to Company or a location des- ignated by Company, in the condition required by, and in accordance with the return provisions of the Agreement and at Customer's expense, and (4) pay Company all sums payable to Company under the Agreement up to the Non -Appropriation Date. In the event of any Non -Appropriation Event, Company shall retain all sums paid hereunder or under the Agreement by Customer, including the Security Deposit (if any) specified in the Agreement. Customer further represents, warrants and covenants for the benefit of Company that: (a) Customer is a municipal corporation and political subdivision duly organized and existing under the constitution and laws of the State. (b) Customer is authorized under the constitution and laws of the State, and has been duly authorized to enter into the Agreement and the transaction con- templated hereby and to perform all of its obligations thereunder. (c) The Agreement constitutes the legal, valid and binding obligation of Customer enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally. (d) Customer has complied with such public bidding requirements as may be applicable to the Agreement. (e) The Equipment/System described in the Agreement is essential to the function of Customer or to the service Customer provides to its citizens. Customer has an immediate need for, and expects to make immediate use of, substantially all the Equipment/System, which need is not temporary or expected to dimin- ish in the foreseeable future. (f) Customer has never failed to appropriate or otherwise make available funds sufficient to pay rental or other payments coming due under any lease, lease purchase, installment sale or other similar agreement. CUSTOMER AGREES THAT FACSIMILE COPY OR OTHER ELECTRONIC TRANSMISSION OF THIS DOCUMENT WITH FACSIMILE AND/OR ELECTRONIC SIG- NATURES MAY BE TREATED AS AN ORIGINAL AND WILL BE ADMISSIBLE AS EVIDENCE IN A COURT OF LAW. Signature X w LU (M T BE SIGNED BY AUTHORIZED RESENTATIVE OR OFFICER OF GOVERNMENT ENTITY) o¢ Print Name V S jt,,(tpV- s �tiz ��b' Date 3 o7�p Title _ Name of Government Entity City of Sunny Isles Beach Signature X Print Name Title Date Name of Corporation or Partnership De Lage Landen Financial Services, Inc. i rn 0 v z a h T 02019 All Rights Reserved. Printed in the U.S.A. 17ANC016v2 1W9 431