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05-11-2015 Council Packet
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05-11-2015 Council Packet
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10/8/2015 12:50:55 PM
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City Council
Council Document Type
Council Packet
Meeting Date
05/11/2015
Council Meeting Type
Regular
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market value of the Facilities; that the Lease Payments and Additional Lease Payments hereunder <br />during the Term of Lease represent the fair value of the use of the improved Facilities; and that the <br />Purchase Price represents the fair purchase price of the Facilities. The City hereby determines that <br />the Lease Payments and Additional Lease Payments do not exceed a reasonable amount so as to <br />place the City under an economic compulsion to renew this Lease or to exercise its option to <br />purchase the Facilities hereunder. In making such determinations the City has given consideration to <br />the costs of the Facilities, the uses and purposes for which the Facilities will be employed by the <br />City, the benefit to the City by reason of the acquisition of the Facilities pursuant to the terms and <br />provisions of this Lease and the City's option to purchase the Facilities. The City hereby determines <br />and declares that the acquisition, construction and equipping of the Facilities and the leasing of the <br />Facilities pursuant to this Lease will result in facilities of comparable quality and meeting the same <br />requirements and standards as would be necessary if the acquisition of the Facilities were performed <br />by the City other than pursuant to this Lease. The City hereby determines and declares that the <br />period during which the City has an option to purchase the Facilities (i.e., the Term of Lease) does <br />not exceed the anticipated useful life of the Facilities. <br />Section 2.2. Representations, Covenants and Warranties of the Authority. The Authority represents, <br />covenants, and warrants as follows: <br />(a) The Authority is a public body corporate and politic and political subdivision of the <br />State of Minnesota; has power to enter into this Lease; is possessed of full power to own and hold <br />real and personal property, and to sell the same; and has duly authorized the execution and delivery <br />of this Lease. <br />(b) Neither the execution and delivery of this Lease, nor the fulfillment of or <br />compliance with the terms and conditions thereof, nor the consummation of the transactions <br />contemplated thereby, conflicts with or results in a breach of the terms, conditions or provisions of <br />any restriction or any agreement or instrument to which the Authority is now a party or by which the <br />Authority is bound, constitutes a default under any of the foregoing, or results in the creation or <br />imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of the <br />Authority, or upon the Site and the Facilities except Permitted Encumbrances. <br />(c) This Lease is entered into under authority of and pursuant to Minnesota Statutes, <br />Sections 469.090 through 469.1082. <br />(d) The Authority declares and finds that the Facilities promote economic development <br />generally by ensuring a modern and efficient fire hall in the City. <br />(e) The officers of the Authority executing this Lease have been duly authorized to do <br />so. <br />460515v2 JAE LN140-112 <br />(The remainder of this page is intentionally left blank.) <br />7 <br />
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