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Cont. (part 2)
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Vol. 1- City of Santa Ana Financing Authority (Police Admin. and Holding Facility)
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Cont. (part 2)
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ARTICLE II <br /> THE LEASED PROPERTY <br /> SECTION 2.01. Lease of the Leased Property. The Authority hereby leases to <br /> the City, and the City hereby rents and hires from the Authority, the Leased Property on the <br /> conditions and terms hereinafter set forth. The City hereby agrees and covenants that during <br /> the term hereof, except as hereinafter provided, it will use the Leased Property for public <br /> purposes so as to afford the public the benefits contemplated hereby and to permit the Authority <br /> to carry out its agreements and covenants contained herein and in the Indenture, and the City <br /> hereby further agrees and covenants that during the term hereof that it will not abandon or <br /> vacate the Jrased Property. The City represents and warrants that the Leased Property is <br /> essential to the proper conduct of the affairs and public purposes of the City. <br /> SECTION 2.02. Quiet Enjoyment. The parties hereto mutually covenant that the <br /> City, so long as it observes and performs the agreements, conditions, covenants and terms <br /> required to be observed or performed by it contained herein and is not in default hereunder, shall <br /> at all times during the term hereof peaceably and quietly have, hold and enjoy the Leased <br /> Property without suit, trouble or hindrance from the Authority. <br /> SECTION 2.03. Right of Entry and Inspection. The Authority shall have the <br /> right to enter the Leased Property and inspect the Leased Property during reasonable business <br /> hours (and in emergencies at all times) for any purpose connected with the Authority's rights <br /> or obligations hereunder and for all other lawful purposes. <br /> SECTION 2.04. Prohibition Against Encumbrance or Sale. The City and the <br /> Authority will not create or suffer to be created any mortgage, pledge, lien, charge or <br /> encumbrance upon the Leased Property, except Permitted Encumbrances. The City and the <br /> Authority will not sell or otherwise dispose of the J eased Property or any property essential to <br /> the proper operation of the Leased Property, except as otherwise provided herein. <br /> SECTION 2.05. Liens. In the event the City shall at any time during the term <br /> hereof cause any improvements, including, without limitation, the Project, to the Leased <br /> Property to be constructed or materials to be supplied in or upon or attached to the Leased <br /> Property, the City shall pay or cause to be paid when due all sums of money that may become <br /> due or purporting to be due for any labor, services, materials, supplies or equipment furnished <br /> or alleged to have been furnished to or for the City in, upon, about or relating to the Leased <br /> Property and shall keep the Leased Property free of any and all liens (except for Permitted <br /> Encumbrances) against the Leased Property or the Authority's interest therein. In the event any • <br /> such lien attaches to or is filed against the Leased Property or the Authority's interest therein, <br /> the City shall cause each such lien to be fully discharged and released at the time the <br /> performance of any obligation secured by any such lien matures or becomes due. If any such <br /> lien shall be reduced to final judgment and such judgment or any process as may be issued for <br /> the enforcement thereof is not promptly stayed, or if so stayed and such stay thereafter expires, <br /> the City shall forthwith pay and discharge or cause to be paid and discharged such judgment. <br /> LAI-63219.5 5 <br />
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