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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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restoration, modification or improvement of the Property, evidenced by a certificate <br />signed by a City Representative. <br />(iv) In the event the City's determination is as set forth in clause (B) of <br />subparagraph (ii) above, such Net Proceeds shall be applied to the prompt replacement, <br />repair, restoration, modification or improvement of the damaged or destroyed portions <br />of the Property by the City, and until the Property has been restored to its prior <br />condition, the City shall not place any lien or encumbrance on the Property that is senior <br />to this Lease Agreement without the prior written consent of the Assignees, at its sole <br />discretion. <br />(b) From Eminent Domain Azoard. If all or any part of the Property shall be taken by <br />eminent domain proceedings (or sold to a government threatening to exercise the power of <br />eminent domain) the Net Proceeds therefrom shall be deposited by the City in the Insurance <br />and Condemnation Fund and shall be applied and disbursed as follows: <br />(i) If the City has given written notice to the Authority and the ees of its <br />determination that (A) such eminent domain proceedings have not materially affected <br />the operation of the Property or the ability of the City to meet any of its obligations with <br />respect to the Property under this Lease Agreement, and (B) such proceeds are not <br />needed for repair or rehabilitation of the Property, the City shall so certify to the <br />Authority and the Assignees, and the City shall credit such proceeds towards the <br />prepayment of the Lease Payments pursuant to Section 9.3 of this Lease Agreement. <br />(ii) If the City has given written notice to the Authority and the ssi nee of its <br />determination that (A) such eminent domain proceedings have not materially affected <br />the operation of the Property or the ability of the City to meet any of its obligations with <br />respect to the Property under this Lease Agreement, and (B) such proceeds are needed <br />for repair, rehabilitation or replacement of the Property, the City shall so certify to the <br />Authority and the Assignees, and the City shall apply such amounts for such repair or <br />rehabilitation. <br />(iii) If (A) less than all of the Property shall have been taken in such eminent <br />domain proceedings or sold to a government threatening the use of eminent domain <br />powers, and if the City has given written notice to the Authority and the Assignees of its <br />determination that such eminent domain proceedings have materially affected the <br />operation of the Property or the ability of the City to meet any of its obligations with <br />respect to the Property under the Lease Agreement or (B) all of the Property shall have <br />been taken in such eminent domain proceedings, then the City shall credit such <br />proceeds towards the prepayment of the Lease Payments pursuant to Section 9.3 of this <br />Lease Agreement. <br />(iv) In making any determination under this Section 6.2(b), the City may, but <br />shall not be required to, obtain at its expense, the report of an independent engineer or <br />other independent professional consultant, a copy of which shall be filed with the <br />Authority and the Assignees. Any such determination by the City shall be final. <br />(c) From Title Insurance. The Net Proceeds from a title insurance award shall be deposited <br />by the City in the Insurance and Condemnation Fund and credited towards the prepayment of <br />Lease Payments required to be paid pursuant to Section 9.3 of this Lease Agreement. <br />Section 6.3. Abatement of Lease Payments in the Event of Damage or Destruction. Lease <br />Payments shall be abated during any period in which, by reason of damage or destruction, <br />there is substantial interference with the use and occupancy by the City of the Property or any <br />-21- <br />
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