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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 VI <br />EMINENT DOMAIN; USE OF NET PROCEEDS <br />Section 6.1. Eminent Domain. If all of the Property shall be taken permanently under the <br />power of eminent domain or sold to a governmental entity threatening to exercise the power of <br />eminent domain, the Term of this Lease Agreement shall cease as of the day possession shall be <br />so taken. If less than all of the Property shall be taken permanently, or if all of the Property or <br />any part thereof shall be taken temporarily under the power of eminent domain, (1) this Lease <br />Agreement shall continue in full force and effect and shall not be terminated by virtue of such <br />taking and the parties waive the benefit of any law to the contrary, and (2) there shall be a <br />partial abatement of Lease Payments in an amount equal to the application of the Net Proceeds <br />of any eminent domain award to the prepayment of the Lease Payments hereunder, in an <br />amount to be agreed upon by the City and the Assigees such that the resulting Lease <br />Payments represent fair consideration for the use and occupancy of the remaining usable <br />portion of the Property. <br />Section 6.2. Application of Net Proceeds <br />(a) From Insurance Award. <br />(i) Any Net Proceeds of insurance against damage to or destruction of any part of <br />the Property collected by the City in the event of any such damage or destruction shall <br />be deposited by the City promptly upon receipt thereof in a special fund with the <br />ssi nees designated as the "Insurance and Condemnation Fund." <br />(ii) Within ninety (90) days following the date of such deposit, the City shall <br />determine and notify the Authority and the Assignees in writing of its determination <br />either (A) that the replacement, repair, restoration, modification or improvement of the <br />Property is not economically feasible or in the best interest of the City and the Net <br />Proceeds, together with other moneys available therefor, are sufficient to cause the <br />prepayment of the principal components of all unpaid Lease Payments pursuant to <br />Section 9.3 hereof, or (B) that all or a portion of such Net Proceeds are to be applied to <br />the prompt replacement, repair, restoration, modification or improvement of the <br />damaged or destroyed portions of the Property and the fair rental value of the Property <br />following such repair, restoration, replacement, modification or improvement will at <br />least equal the unpaid principal component of the Lease Payments. <br />(iii) In the event the City's determination is as set forth in clause (A) of <br />subparagraph (ii) above, such Net Proceeds shall be promptly applied to the <br />prepayment of Lease Payments and other amounts pursuant to Section 9.3 of this Lease <br />Agreement; provided, however, that in the event of damage or destruction of the Property <br />in full, such Net Proceeds may be so applied only if sufficient, together with other <br />moneys available therefor, to cause the prepayment of the principal components of all <br />unpaid Lease Payments, all accrued and unpaid interest, Prepayment Premiums <br />described in Section 9.2, and all other costs related to such prepayments pursuant to <br />Section 9.3 of this Lease Agreement and otherwise such Net Proceeds shall be applied to <br />the prompt replacement, repair, restoration, modification or improvement of the <br />Property; provided further, however, that in the event of damage or destruction of the <br />Property in part, such Net Proceeds may be applied to the prepayment of Lease <br />Payments only if the resulting Lease Payments following such prepayment from Net <br />Proceeds represent fair consideration for the remaining portions of the Property and <br />otherwise such Net Proceeds shall be applied to the prompt replacement, repair, <br />-20- <br />
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