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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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ARTICLE IV <br />Lease and Sale of Facilities <br />Section 4.1. Lease and Sale of Facilities. The Authority hereby leases and sells its leasehold interest <br />in the Site and the Facilities to the City, and the City hereby leases and purchases the Authority's interest in <br />the Site and the Facilities from the Authority, upon the terms and conditions set forth in this Lease. The sale <br />shall be completed in accordance with the terms of Section 5.5 hereof. <br />The Site and the Facilities are leased and sold in their present condition without representation or <br />warranty of any kind by the Authority, and subject to the rights of parties in possession, to the existing state <br />of title, to all applicable legal requirements now or hereafter in effect, and to Permitted Encumbrances. The <br />City has examined the Site and title thereto and has found all of the same to be satisfactory for the purposes of <br />this Lease. <br />Section 4.2. Lease Payments. Subject to the provisions of Section 4.4 hereof, the City shall pay to <br />the Authority Lease Payments at the times and in the manner specified in the attached EXHIBIT B. The <br />Lease Payments shall be paid in lawful money of the United States of America, in same-day funds, directly to <br />the Paying Agent. It is acknowledged that the Lease Payment to be made on each February 1 or August 1 <br />shall be applied by the Paying Agent to payment of the principal of and interest on the Bonds to be paid on <br />the same date. <br />Section 4.3. Additional Lease Payments. During the Term of Lease, the City shall pay or cause to <br />be paid as Additional Lease Payments the following amounts: <br />(a) All fees, charges and expenses, including agent and counsel fees, of the Bond <br />Registrar and Paying Agent, as and when the same become due. <br />(b) All costs incident to the payment of the principal of, premium, if any, and interest <br />on the Bonds as the same become due and payable, including redemption premiums, if any, and all <br />other costs and expenses in connection with the call, redemption and payment of Bonds. <br />(c) An amount sufficient to reimburse the Authority for all expenses reasonably <br />incurred by the Authority hereunder and in connection with the performance of the Authority's <br />obligations under this Lease or the Bond Resolution. <br />(d) All expenses incurred in connection with the enforcement of any rights under this <br />Lease by the Authority or the Owners of the Bonds. <br />(e) All other payments of whatever nature which the City has agreed to pay or assume <br />under the provisions of this Lease (including, without limitation, any amounts advanced under <br />Section 6.2(b) hereof and interest thereon). <br />(f) All costs, charges, expenses and other amounts and obligations due and owing by <br />the Authority under the Ground Lease, as and when the same become due. <br />Section 4.4. Source of Lease Payments. Notwithstanding any other provision of this Lease to the <br />contrary, this Lease shall not constitute a general obligation of the City, and the full faith and credit of the <br />City are not pledged for the payment of the Lease Payments or the performance by the City of its obligations <br />hereunder. The Lease Payments and Additional Lease Payments shall be paid, and other obligations of the <br />460515v2 JAE LN140-112 <br />10 <br />
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