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4. TERM. The terms and conditions of this Lease shall become effective <br />upon the authorized execution of the Lease by the parties hereto. The <br />term of leasing each item of Property acquired hereunder commences and <br />terminates as of the dates designated in the applicable Schedule. <br />5. COVENANTS OF. CITY: CITY represents, covenants and warrants to <br />CORPORATION that: <br />( a ) CITY is a political subdivision of the state of California with the <br />power and authority to enter into this Lease. <br />(b) CITY'S governing body has duly authorized the execution and <br />delivery of this Lease and further represents and warrants that all <br />requirements have been met and procedures followed to ensure its <br />enforceability. <br />(c) The Property being leased is essential to the CITY in the <br />performance of its governmental functions and its estimated useful life in <br />the CITY'S possession exceeds the term of the Lease. <br />(d) Throughout the term of the Lease, the Property will be used for <br />performing one or more governmental functions consistent with the <br />permissible scope of CITY'S authority and will not be used in a trade or <br />business of any person, or entity other than the CITY except for uses by <br />community services organizations as prescribed in the Education Code. <br />( e ) Throughout the term of the Lease, CITY will take such action as may <br />be necessary to include Lease payment obligations in its annual budget and <br />to make reasonable and diligent efforts to annually appropriate lawfully <br />available revenues in an amount sufficient to make the annual .Lease <br />payments as they fall due. <br />(f) Upon CORPORATION'S written request, CITY will provide CORPORATION <br />with current financial statements, budgets and proof of appropriation for <br />each fiscal year. <br />( g ) CITY shall take- necessary steps to comply with federal laws and <br />regulations relative to preserving the tax-exempt status of this .Lease <br />including, but not limited to, the requirements set forth in Section 30 <br />herein. <br />6. RENT. CITY SHALL PAY CORPORATION RENT IN THE AMOUNTS AND AT THE TIMES <br />SET FORTH IN THE SCHEDULE, AT THE OFFICE OF CORPORATION OR TO SUCH OTHER <br />PERSON OR AT SUCH OTHER PLACE AS CORPORATION MAY FROM TIME TO TIME <br />DESIGNATE IN WRITING. Subject to the section of this agreement entitled <br />"EARLY TERMINATION", the obligation to pay rent will be absolute and <br />unconditional in all events, and will not be subject'to set-off, defense, <br />abatement, reduction, counterclaim, or recoupment for any reason <br />whatsoever.. Should CITY fail to pay any part of the rent herein reserved <br />within fifteen (15) days from .the due date thereof, CITY shall be in <br />default hereunder, and upon CORPORATION'S written request, CITY shall pay <br />interest on such delinquent payment from the date said payment was due <br />until paid at the legal rate of twelve percent (12%) per annum or the <br />maximum legal rate, whatever is less. CITY shall pay rent exclusively <br />F, <br />