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2014-001 SAFA
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2014-001 SAFA
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Last modified
6/11/2014 11:47:57 AM
Creation date
6/11/2014 11:19:15 AM
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City Clerk
Doc Type
Resolution
Doc #
2014-001
Date
6/3/2014
Destruction Year
P
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ARTICLE IV <br />LEASE OF PROPERTY; LEASE PAYMENTS <br />Section 4.1. Sublease of Property by the Authority Back to the City. <br />(a) The Authority hereby subleases the Property to the City, and the City hereby <br />subleases the Property from the Authority, upon the terms and conditions set forth in this Lease <br />Agreement. <br />(b) The leasing of the Property by the City to the Authority pursuant to the Site and <br />Facility Lease shall not affect or result in a merger of the City's subleasehold estate pursuant to <br />this Lease Agreement and its fee estate as lessor under the Site and Facility Lease. <br />Section 4.2. Term. The Term of this Lease Agreement commences on the date of <br />recordation of this Lease Agreement or a memorandum hereof and ends on Tanuary 1. 2025, or <br />the date on which all of the Lease Payments have been paid in full pursuant to the terms of this <br />Lease Agreement. If on Tanuar„ , the Lease Payments payable hereunder shall have been <br />abated at any time and for any reason and not otherwise paid from rental interruption <br />insurance or other sources, or the City shall have defaulted in its payment of Lease Payments <br />hereunder or any Event of Default has occurred and continues without cure by the City, then <br />the term of this Lease Agreement shall be extended for the actual period of abatement or for so <br />long as the default remains uncured, as necessary to accommodate the final payment of all <br />Lease Payments due hereunder, not to exceed ten (10) years. The provisions of this Section 4.2 <br />are subject to the provisions of Section 6.1 relating to the taking in eminent domain of the <br />Property or any portion thereof. <br />Section 4.3. Lease Payments. <br />(a) Obligation to Pay. Subject to the provisions of Sections 6.1 and 6.3 and the provisions <br />of Article IX, the City agrees to pay to the Authority, its successors and assigns, the Lease <br />Payments (denominated into components of principal and interest) in the amounts specified in <br />Exhibits C -1. C -2 and C -3 attached hereto (with the total of all Lease Payments shown in Exhibit <br />C -4 attached heretoT (including any supplements thereto) and by this reference incorporated <br />herein, to be due and payable in immediately available funds on each of the respective Lease <br />Payment Dates specified in Exhibits C -1. C -2 and C -3; provided, however, that if any Lease <br />Payment Date is not a Business Day, such Lease Payment shall be due on the next succeeding <br />Business Day and shall continue to accrue interest to the next succeeding Business Day. The <br />Lease Payments payable in any Rental Period with respect to the Property shall be for the use of <br />the Property during such Rental Period. The interest component of the portion of the Lease <br />Payments specified in Exhibits C -1 and C -2 has been calculated based on an interest rate of <br />% per annum, on the basis of a 360 -day year of twelve 30 -day months. The interest <br />months. The City understands that each Assignee will send an invoice to the City in advance of <br />each Lease Payment Date. If, for any reason, the interest component of the Lease Payments <br />becomes includable in the gross income of the Assignees for federal income tax purposes under <br />the Code based upon a final determination thereof by the Internal Revenue Service, the City, at <br />the option of the Assignees, shall pay to the Assignees within thirty days of such determination, <br />the amount which, with respect to Lease Payments previously paid and taking into account all <br />penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed <br />on the interest component of the Lease Payments due through the date of such determination) <br />that are imposed on the Assignees as a result of the loss of the exclusion, will restore the <br />s i nos to the same after -tax yield on the transaction evidenced by this Lease Agreement <br />-11- <br />
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