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Recording Requested by Stewart Title-Lease Agreement- City of Buena Park
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Recording Requested by Stewart Title-Lease Agreement- City of Buena Park
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ARTICLE IV <br /> LEASE OF LEASED PREMISES; TERM OF THIS LEASE <br /> _AGREEMENT; LEASE PAYMENTS._ <br /> Section 4.1. Lease of Leased Premises. The Authority hereby leases the Leased Premises <br /> to the City, and the City hereby leases the Leased Premises from the Authority, upon the terms <br /> and conditions set forth in this Lease Agreement. <br /> Section 4.2. Term of Lease. This Lease Agreement shall take effect on the date hereof, <br /> and shall end on the earlier of August 1, 2011, or such earlier date on which the Bonds shall no <br /> longer be Outstanding under the Indenture. If, on August 1, 2011, the Indenture shall not be <br /> discharged by its terms or if the Lease Payments payable hereunder shall have been abated at <br /> any time and for any reason, then the Term of this Lease Agreement shall be extended until <br /> there has been deposited with the Trustee an amount sufficient to pay all obligations due under <br /> the Lease Agreement, but in no event shall the Term of this Lease Agreement extend beyond <br /> August 1, 2021. <br /> Notwithstanding the foregoing, the Term of the Lease Agreement shall not end so long as <br /> any amounts are owed to the Municipal Bond Insurer with respect to the Municipal Bond <br /> Insurance Policy. <br /> Section 4.3. Lease Payments. <br /> (a) Obligation to Pay. In consideration of the lease of the Leased Premises from the <br /> Authority hereunder and subject to the provisions of Section 6.2, the City agrees to pay to the <br /> Authority, its successors and assigns, as rental for the use and occupancy of the Leased <br /> Premises during each Fiscal Year, the Lease Payments (denominated into components of <br /> principal and interest) for the Leased Premises in the respective amounts specified in Exhibit C <br /> hereto, to be due and payable on the respective Lease Payment Dates specified in Exhibit C <br /> hereto. Any amount held in the Bond Fund, the Interest Account or the Principal Account <br /> allocable to the City(other than amounts resulting from the prepayment of the Lease Payments <br /> in part but not in whole pursuant to Section 4.4) on any Lease Payment Date shall be credited <br /> towards the Lease Payment then due and payable. The Lease Payments coming due and <br /> payable in any Fiscal Year shall be for the use of the Leased Premises for such Fiscal Year. <br /> (b) Effect of Prepayment. In the event that the City prepays all Lease Payments in full <br /> pursuant to Section 4.4,together with all Additional Payments then due and payable,the City's <br /> obligations under this Lease Agreement shall thereupon cease and terminate,including but not <br /> limited to the City's obligation to pay Lease Payments under this Section 4.3. In the event that <br /> the City prepays the Lease Payments in part but not in whole pursuant to Section 4.4, the <br /> principal components of the remaining Lease Payments shall be reduced in such order of <br /> payment date as the City elects (and if no specific order is designated) in inverse order of <br /> payment date in integral multiples of$5,000, in any event as shall correspond to the respective <br /> principal amounts of the Bonds allocable to the City remaining after the related redemption <br /> thereof; and the interest component of each remaining Lease Payment shall be reduced by the <br /> aggregate corresponding amount of interest which would otherwise be payable with respect to <br /> the Bonds allocable to the City thereby redeemed pursuant to Section 4.01(b) of the Indenture. <br /> (c) Rate on Overdue Payments. In the event the City should fail to make any of the <br /> payments required in this Section 4.3, the payment in default shall continue as an obligation of <br /> the City until the amount in default shall have been fully paid, and the City agrees to pay the <br /> same with interest thereon,from the date of default to the date of payment at the highest rate <br /> -8- <br />
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