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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 V <br />Term of Lease; <br />Transfer or Surrender of Site and Facilities <br />Section 5.1. Term of Lease. Subject to the provisions of Section 5.6 hereof, this Lease shall be in <br />effect for a term commencing upon the execution hereof and ending on February 1, 2036. <br />Section 5.2. Termination of Term of Lease. The Term of Lease will terminate upon the occurrence <br />of the first of the following events: <br />(a) non -appropriation by the City pursuant to Section 5.6 hereof; <br />(b) the payment by the City of the Purchase Price, pursuant to Section 8.1 hereof; <br />(c) the discharge by the City of its obligation to pay the Lease Payments and Additional <br />Lease Payments required to be paid by it hereunder pursuant to Section 8.3 hereof; or <br />(d) a default by the City and the Authority's election to terminate this Lease pursuant to <br />Article X hereof. <br />Section 5.3. Authority's Interest in the Site and Facilities. Upon payment of all Lease Payments and <br />Additional Lease Payments due hereunder, or upon prepayment of the Lease Payments and Additional Lease <br />Payments or discharge of the City's obligation to make the Lease Payments and Additional Lease Payments <br />in accordance with Article VIII hereof, and in either event, upon defeasance of the Bonds, full and <br />unencumbered legal title to the Facilities shall pass to the City, and the Authority shall have no further <br />interest therein. In such event the Authority and its officers shall take all actions necessary to authorize, <br />execute and deliver to the City any and all documents necessary to vest in the City, all of the Authority's <br />right, title and interest in and to the Site and Facilities, free and clear of all liens, leasehold interests, <br />encumbrances (other than Permitted Encumbrances), including, if necessary, a release of any and all interests <br />or liens created under the provisions of this Lease. <br />Section 5.4. Surrender of Site and Facilities. Upon termination of the Term of Lease pursuant to <br />Section 5.2(a) or 5.2(d), or upon exercise by the Authority of its right to take possession of the Site and <br />Facilities under Section 10.2 hereof, the City shall surrender the Site and Facilities to the Authority in the <br />condition in which they were originally received from the Authority, except as repaired, rebuilt, restored, <br />altered or added to as permitted or required hereby, ordinary wear and tear excepted. The City shall have the <br />right to remove from the Site and Facilities at or prior to such termination or possession all personal property <br />located therein which was not financed with proceeds of the Bonds, or which has not replaced personal <br />property so financed, and which is not otherwise owned by the Authority, but the City shall repair any <br />damages caused by such removal. <br />Section 5.5. Purchase; Conveyance of Title. At any time when the Purchase Price, together with any <br />unpaid or delinquent interest, has been fully paid or provided for, whether by (i) payment of all Lease <br />Payments and Additional Lease Payments as provided in Section 8.1 hereof, or (ii) payment or provision for <br />payment of the Purchase Price as provided in Article VIII hereof, then the purchase of the Site and the <br />Facilities by the City shall be deemed to have been completed. The Authority shall thereupon deliver to the <br />City such instruments of conveyance or release as, in the opinion of the City, may be necessary to release the <br />interest of the Authority in the Site and Facilities. <br />460515v2 JAE LN140-112 <br />13 <br />
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