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as lessee, pursuant to which the City will lease the Site and the Facilities to be constructed <br />thereon from the Authority. <br />2. Findings. The Facilities described in the Lease constitute government property <br />necessary or desirable as a public facility, and the City presently intends to appropriate all Lease <br />Payments under the Lease for the term of the Lease; however, the obligations of the City under the <br />Lease are not to be payable from nor charged upon any funds of the City other than the funds <br />appropriated annually to the payment thereof, and the Lease shall not constitute a charge, lien or <br />encumbrance, legal or equitable, upon any property of the City except its interest in the Lease and in <br />the Site and the Facilities under the Lease. <br />3. moment of Lease Payments. The City will pay to the registrar for the Bonds, promptly <br />when due, all of the lease payments due under the Lease (the "Lease Payments") and other amounts <br />required by the Lease. To provide moneys to make such payments, the City will include in its annual <br />budget, for each fiscal year (the "Fiscal Year") during the term of the Lease, commencing with the <br />Fiscal Year ending on December 31, 2026, moneys sufficient to pay and for the purpose of paying all <br />Lease Payments, a reasonable estimate of additional Lease Payments, and other amounts payable <br />under the Lease. The agreement of the City in this section is subject to the City's right to terminate the <br />Lease at the end of any Fiscal Year, as set forth in Section 5.6 of the Lease. <br />4. Continuing Disclosure. <br />(a) "Continuing Disclosure Certificate" means that certain Continuing <br />Disclosure Certificate to be executed by the Mayor and City Administrator of the City and <br />dated as of the date of issuance of the Bonds, as originally executed and as it may be <br />amended from time to time in accordance with the terms thereof. <br />(b) The City hereby covenants and agrees that it will comply with and carry out <br />all of the provisions of the Continuing Disclosure Certificate substantially in the form on file <br />with the City. Notwithstanding any other provision of this resolution, failure of the City to <br />comply with the Continuing Disclosure Certificate is not to be considered an event of <br />default with respect to the Bonds; however, any bondholder may take such actions as may <br />be necessary and appropriate, including seeking mandate or specific performance by court <br />order, to cause the City to comply with its obligations under this section. <br />5. Official Statement. The Official Statement, as completed and supplemented, and its <br />distribution to potential purchasers of the Bonds, is hereby approved. The Mayor and City <br />Administrator are authorized and directed to certify that they have examined the Official Statement <br />prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of <br />their knowledge and belief the Official Statement is a complete and accurate representation of the <br />facts and representations made therein as of the date of the Official Statement. <br />6. Authorization of Documents. <br />(a) It is desirable and in the best interest of the City to enter into the Ground <br />Lease, the Lease and the Continuing Disclosure Certificate. The Mayor and the City <br />Administrator are authorized and directed to execute and deliver the Ground Lease, the Lease, <br />and the Continuing Disclosure Certificate on behalf of the City, substantially in the forms on <br />2 <br />4910-3727-1958.3 <br />