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JT25S - 4TH DISTRICT COURT
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06/20/2005
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JT25S - 4TH DISTRICT COURT
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Last modified
1/3/2012 4:54:47 PM
Creation date
6/15/2005 12:55:27 PM
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City Clerk
Doc Type
Agenda Packet
Item #
JT25S
Date
6/20/2005
Destruction Year
2010
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<br />City in each Rental Period for and in consideration of the right of the use and occupancy, and <br />the continued quiet use and enjoyment, of the Property during each Rental Period. The parties <br />hereto have agreed and determined that the total Lease Payments for the Property do not <br />exceed the fair rental value of the Property. In making such determination, consideration has <br />been given to the obligations of the parties under this Lease Agreement, the uses and purposes <br />which may be served by the Property, the total amounts which have been expended on the <br />Property, the value of the Property and the benefits therefrom which will accrue to the City and <br />the general public. <br /> <br />(e) Source of Payments; Budget and Appropriation. Lease Payments shall be payable from <br />any source of available funds of the City, subject to the provisions of Articles VI and X hereof. <br /> <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 and to <br />make the necessary annual appropriations for all such Lease Payments. The covenants on the <br />part of the City herein contained shall be deemed to be and shall be construed to be duties <br />imposed by law and it shall be the duty of each and every public official of the City to take such <br />action and do such things as are required by law in the performance of the official duty of such <br />officials to enable the City to carry out and perform the covenants and agreements in this Lease <br />Agreement agreed to be carried out and performed by the City. <br /> <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 City <br />hereby assents to such assignment. The Authority hereby directs the City, and the City hereby <br />agrees to pay to the Assignee at the following address, all payments payable by the City <br />pursuant to this Section 4.4 and all amounts payable by the City pursuant to Article X hereof, in <br />the respective amounts for each Assignee as set forth in Exhibit D hereof: <br /> <br />275 Broadhollow Road <br />Melville, NY 11747 <br />Attention: Jonathan Lewis <br />Wire Information: [TO COME] <br /> <br />or such other account as shall be provided to the City by the Assignee upon request <br /> <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 indicated. <br /> <br />Section 4.5. Quiet Enjoyment. During the Term of the Lease Agreement, the Authority <br />shall provide the City with quiet use and enjoyment of the Property and the City shall, during <br />such Term, peaceably and quietly have and hold and enjoy the Property without suit, trouble or <br />hindrance from the Authority, except as expressly set forth in this Lease Agreement. The <br />Authority will, at the request of the City and at the City's cost, join in any legal action in which <br />the City asserts its right to such possession and enjoyment to the extent the Authority may <br />lawfully do so. Notwithstanding the foregoing, the Authority shall have the right to inspect the <br />Property as provided in Section 7.2 hereof. <br /> <br />-8- <br /> <br />JT25S-27 <br />
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