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6097 (EXHIBIT A - E)
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6097 (EXHIBIT A - E)
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Last modified
12/6/2004 2:47:13 PM
Creation date
11/5/2014 12:21:26 PM
Metadata
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Template:
City Ordinances
Passed
2/10/1997
Ordinance Number
0
Bill Number
8316
Introdate
1/27/1997
Description
APPROVING DELIVERY OF $1,425,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION TO PAY FOR NEW PARKING GARAGE CONSTRUCTION
Introduced By
MUNKEL
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(b) Unless the context otherwise indicates, words importing the singular number include the <br />plural and vice versa, and words importing persons include firms, associations and corporations, <br />including public bodies, as well as natural persons. <br /> <br /> (c) Wherever in this Lease it is provided that either party shall or will make any payment or <br />perform or refrain from performing any act or obligation, each such provision will even though not so <br />expressed, be construed as an express covenant to make such payment or to perform, or not to perform, <br />as the case may be, such act or obligation. <br /> <br /> (d) All references in this Lease to designated "Articles", "Sections" and other subdivisions <br />are, unless otherwise specified, to the designated Articles, Sections and subdivisions of this instrument as <br />originally executed. The words "herein", "hereof", "hereunder" and other words of similar import refer <br />to this Lease as a whole and not to any particular Article, Section or other subdivision. <br /> <br /> (e) The Table of Contents and the Article and Section headings of this Lease will not be <br />treated as a part of this Lease or as affecting the true meaning of the provisions hereof. <br /> <br />ARTICLE II <br /> <br />DEMISE OF THE LEASED PROPERTY; LEASE TERM <br /> <br /> Section 2.01. Demise of the Leased Property. In connection with the delivery of the <br />Certificates, the Lessee has conveyed a leasehold interest in the Leased Property to the Lessor pursuant <br />to the Ground Lease. The Lessor hereby rents, leases and demises to the Lessee, and the Lessee hereby <br />leases from the Lessor, the Leased Property, subject to Permitted Encumbrances, on the terms and <br />conditions and for the purposes herein set forth, together with all easements, rights and appurtenances in <br />connection therewith or thereto belonging, to have and to hold for the term of the Lease. <br /> <br /> Section 2.02. Commencement of the Term of the Lease. The initial term of this Lease will <br />commence as of February 1, 1997, and expire at midnight on June 30, 1997 (the "Initial Term"), subject <br />to the Lessee's option to extend the term of this Lease for 19 consecutive one-year renewal terms <br />commencing July 1, 1997, and a final renewal term commencing July 1, 2016 and ending February 2, <br />2017 (herein referred to individually as a "Renewal Term" and collectively as the "Renewal Terms"). <br />The terms and conditions of this Lease during any Renewal Term shall be the same as the terms and <br />conditions during the Initial Term, except that the Base Rentals and the Option Price will be as specified <br />in Schedule 1 and Schedule 2 attached hereto, respectively, for each Renewal Term. Each option shall <br />be exercised by the appropriation by the City Council of the Lessee, in accordance with applicable law, <br />of sufficient money (after taking into account any money legally available for such purpose) specifically <br />designated for the payment of Base Rentals required hereunder and adequate money to pay the <br />reasonably estimated Supplemental Rent (calculated as provided in Section 3.01(b) hereof) for the next <br />succeeding Renewal Term as provided herein. Such appropriation shall automatically extend the term of <br />this Lease for the succeeding Renewal Term without any further action required by any officers or <br />officials of the Lessee. <br /> <br /> During the Term of this Lease, the Lessee covenants and agrees that its responsible financial <br />officer will include in the budget proposals submitted to the City Council of the Lessee, in each year <br />during the Term of this Lease, a request or requests for an appropriation equal to the Base Rentals and <br /> <br />-2- <br /> <br /> <br />
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