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SANTA ANA FINANCING AUTHORITY
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SANTA ANA FINANCING AUTHORITY
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Last modified
3/26/2024 2:25:56 PM
Creation date
11/30/2022 11:35:00 AM
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Template:
Contracts
Company Name
SANTA ANA FINANCING AUTHORITY
Contract #
A-2007-299
Agency
Finance & Management Services
Expiration Date
5/1/2026
Destruction Year
2031
Notes
Receivied copy from Finance
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been expended on the Property, the value of the Property and the benefits therefrom which <br />will accrue to the City and the general public. <br />(e) Source of Payments; Budget and Appropriation. Lease Payments shall be payable <br />from any source of available funds of the City, subject to the provisions of Articles VI and X <br />hereof. <br />The City covenants to take such action as may be necessary to include all Lease <br />Payments due hereunder in each of its budgets during the Term of the Lease Agreement <br />and to make the necessary annual appropriations for all such Lease Payments. The <br />covenants on the part of the City herein contained shall be deemed to be and shall be <br />construed to be duties imposed by law and it shall be the duty of each and every public <br />official of the City to take such action and do such things as are required by law in the <br />performance of the official duty of such officials to enable the City to carry out and perform <br />the covenants and agreements in this Lease Agreement agreed to be carried out and <br />performed by the City. <br />(f) Assignment. The City understands and agrees that all Lease Payments have been <br />assigned by the Authority to the Assignee pursuant to the Assignment Agreement, and the <br />City hereby acknowledges such assignment. The Authority hereby directs the City, and the <br />City hereby agrees to pay to the Assignee at the following address, all payments payable by <br />the City pursuant to this Section 4.4 and all amounts payable by the City pursuant to <br />Article X hereof, in the respective amounts for each Assignee as set forth in Exhibit D hereof: <br />All Points Public Funding, LLC <br />275 Broadhollow Road <br />Melville, NY 11747 <br />Attention: Jonathan Lewis <br />Wire Information: Receiving Bank: North Fork Bank <br />ABA No.: 021407912 <br />Beneficiary: All Points Capital Corp. <br />Beneficiary Acct. No.: 4224020638 <br />Add'1 Info/FC: City of Santa Ana <br />or such other account as shall be provided to the City by the Assignee upon request <br />In addition, all references herein to the Authority, when the context implies the <br />Assignee, shall be assumed to also refer to the Assignee, even if not specifically so <br />indicated. <br />Section 4.5. Quiet Enjoyment. During the Term of the Lease Agreement, the <br />Authority shall provide the City with quiet use and enjoyment of the Property and the City <br />shall, during such Term, peaceably and quietly have and hold and enjoy the Property <br />without suit, trouble or hindrance from the Authority, except as expressly set forth in this <br />Lease Agreement. The Authority will, at the request of the City and at the City's cost, join in <br />any legal action in which the City asserts its right to such possession and enjoyment to the <br />extent the Authority may lawfully do so. Notwithstanding the foregoing, the Authority <br />shall have the right to inspect the Property as provided in Section 7.2 hereof. <br />Section 4.6. Additional Payments. In addition to the Lease Payments, the City shall <br />pay when due all costs and expenses incurred by the City and the Authority to comply with <br />the provisions of this Lease Agreement, or otherwise arising from the leasing of the <br />Property, compensation and indemnification due to the Authority and the Assignee, and all <br />costs and expenses of auditors, engineers, attorneys and accountants. <br />-S- <br />
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