LINOFF.PARKING.AGREEMENT.ADDENDUM2.RELEASE.C95-136A.PDF

ADDENDUM NO. 2 AND RELEASE (C95-136A2) 
LINOFF PARKING AGREEMENT 
This Second Amendment and Release (the "Release"), is entered into 
between the City of Tempe ("Tempe"), an Arizona Municipal Corporation, and Linoff 
Investments, LLC ("Linoff'), an Arizona limited liability company fka Linoff 
Development Company, Inc. is effective as of the date it is fully executed by all Parties. 
Whereas, City and Linoff entered into that certain Linoff Parking Agreement 
(C95-136) executed on August 22, 1996, and
Whereas, the Parties entered into the First Amendment to the Linoff Parking 
Agreement on September 8, 2016 and recorded at Docket No. 2016-0664370 of the 
Maricopa County Recorder; and
Whereas, neither Linoff nor the Linoff Property have further need for the parking 
spaces provided through the Lino ff Parking Agreement; 
Whereas, the Parties have mutually agreed that it is in the best interest to release 
each other from the obligations set forth in the Parking Agreement and First Amendment; 
Now therefore, in consideration thereof, and for other good and valuable 
consideration, the sufficiency of which is hereby acknowledged, the Parties agree as 
follows. 
AGREEMENT 
1.
The terms and provisions of the Linoff Parking Agreement and the First
Amendment shall be of no further force and effect. 
2.
The Parties hereby release each other and their respective heirs, successors,
and assigns, if any, from each and all of the obligations of the Linoff Parking Agreement 
and the First Amendment. Lino ff shall have no further obligation for payments to City and 
City shall have no further obligation to provide parking spaces to Linoff. 
3.
In entering into this Agreement, each Party represents that they have had the
opportunity to consult with attorneys of their own choice concerning the legal and income 
tax consequences of this Agreement; that they have not relied on the advice or 
representations of the other Parties regarding the legal consequences of this Agreement; 
that the terms of this Agreement have been completely read; and that the terms of this 
Agreement are fully understood and voluntarily accepted by each Party. 
4.
Each Party represents and warrants that no other person or entity has, or has
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had, any interest in the Linoff Parking Agreement; that each Party has the sole right and
exclusive authority to execute this Agreement and release specified in it; and that neither
Party has sold, assigned, transferred, conveyed, or otherwise disposed of any ofthe rights
contained therein.
5. 
The Agreement shall be construed and interpreted in accordance with the
laws of the State of Arizona.
6. 
The Parties agree to cooperate fully and execute any and all supplementary
documents, and to take all additional actions that may be necessary or appropriate give full
force and effect to the basic terms and intent of this Agreement.
Linoff Inve
By
Manager
STATE OF ARIZONA
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County of Maricopa
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NOTARY SEAL:
Notary Public
CITY OF TEMPE
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who acknowledged that he/she signed the foregoing instrument.
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By:
Corey D. Woods, Mayor
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Attest:
Kara A. DeArrastia, City Clerk

STATE OF AzuZONA
County of Maricopa
The foregoing instrument was acknowledged before me this _day of
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the City of Tempe, who acknowledged
that he/she signed the foregoing instrument on behalfofthe City.
Notary Public
NOTARY SEAL:
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