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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
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principal components of the Lease Payments and upon request of the L , the City shall <br />provide to the Assignees additional information and documents to evidence the value of the <br />remaining portion of the Property; <br />(d) The City shall file with the Authority and the i n a written certificate of the <br />City stating the City's determination that the estimated fair rental value, for each remaining <br />Rental Period and in the aggregate, of the Property remaining after release of the Released <br />Property is at least equal to the remaining Lease Payments for each remaining Rental Period <br />and in the aggregate; and <br />(e) The City shall file with the Authority and the Assignees such other information, <br />documents and instruments as the Authority or the Assignees shall reasonably request, <br />including (if requested by the ss ) evidence of the insurable value of the Property to be <br />remaining following release of the Released Property, indicating that such value is in excess of <br />the then unpaid principal component of the Lease Payments and such endorsements to the title <br />policy delivered on the Closing Date. <br />Upon the satisfaction of all such conditions precedent, the Term of this Lease Agreement <br />will thereupon end as to the Released Property. The City is not entitled to any reduction, <br />diminution, extension or other modification of the Lease Payments whatsoever as a result of <br />such release. The Authority and the City shall execute, deliver and cause to be recorded all <br />documents required to discharge this Lease Agreement of record against the Released Property. <br />Section 4.7. Substitution of Property. (a) In the event of damage or destruction of the <br />Property due to earthquake or other uninsured casualty for which rental interruption insurance <br />is not available or in the event that following the condemnation of all or a portion of the <br />Property the fair rental value of the Property remaining after such condemnation is less than the <br />remaining Lease Payments due under this Lease Agreement, the City shall substitute under the <br />Site and Facility Lease and this Lease Agreement one or more parcels of unimpaired and <br />unencumbered real property, the fair rental value of which, for each remaining Rental Period <br />and in the aggregate, shall be at least equal to the remaining Lease Payments hereunder. <br />(b) If for any reason the City is unable to so substitute real property for the Property <br />with a fair rental value at least equal to the remaining Lease Payments hereunder, the City shall <br />use its best efforts to obtain other financing in an amount necessary to prepay the principal <br />component of the Lease Payments not supported by the fair rental value of the substituted <br />property, if any. <br />-15- <br />
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