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leasehold interest in the Substituted Property (except any portion thereof which is not real <br /> property) subject to Permitted Encumbrances, together with an endorsement thereto <br /> making said policy payable to the Trustee for the benefit of the Owners of the Bonds; <br /> (5) In the event of a Substitution, an opinion of the City Attorney of the City <br /> to the effect that the exceptions, if any, contained in the title insurance policy referred <br /> to in (4) above do not interfere with the beneficial use and occupancy of the Substituted <br /> Property described in such policy by the City for the purposes of leasing or using the <br /> Substituted Property; <br /> (6) An Opinion of Counsel that the Substitution or Removal does not cause <br /> the interest on Bonds to be includable in gross income of the Owners thereof for federal <br /> income tax purposes; <br /> (7) Evidence that the City has complied with the covenants contained in <br /> clauses (1) and (2) of Section 6.03 with respect to the Substituted Property; and <br /> (8) Evidence that the City has delivered to any rating agency then rating the <br /> Bonds copies of the certificates and appraisal described in clauses (1) and (2) above. <br /> (9) A Certificate of the City stating that the essentiality of the Substituted <br /> Property is comparable to the Leased Property to be substituted or released, and that <br /> except for Permitted Encumbrances, no prior liens exist on the Substituted Property. <br /> (10) Evidence that the City has received the written consent of the Bond Insurer <br /> to any such Substitution or Removal, except that such written consent of the Bond Insurer <br /> is not required in the event of the release of Leased Property pursuant to subsection (c) <br /> below. <br /> (c) So long as 95% or more of the proceeds of the 1994 Bonds deposited in <br /> the Acquisition Fund have been spent with respect to the Project, upon delivery of a Certificate <br /> of Completion and the issuance by the City of a certificate of occupancy with respect to the <br /> Project, all real property and improvements, other than Parcel A and the Project, shall be <br /> released from the leasehold hereunder and all right, title and interest in and to such Leased <br /> Property shall vest in the City. The City and the Authority may, without further legislative <br /> action on the part of either party, take such action as may be required to affect such release. <br /> SECTION 2.07. Changes to the Leased Property. Subject to Sections 2.04, 2.05 <br /> and 4.02, the City shall, at its own expense, have the right to remodel the Leased Property or <br /> to make additions, modifications and improvements to the Leased Property. All such additions, <br /> modifications and improvements shall thereafter comprise part of the Leased Property and be <br /> subject to the provisions of this Lease. Such additions, modifications and improvements shall <br /> not in any way damage the Leased Property or cause it to be used for purposes other than those <br /> authorized under the provisions of state and federal law; and the Leased Property, upon <br /> completion of any additions, modifications and improvements made pursuant to this Section, <br /> LAI-63219.5 7 <br />