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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
Fields
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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reasonably estimated Supplemental Rent to become due during the next succeeding Renewal Term. It is <br />the intention of the Lessee that the decision to appropriate the Base Rentals and reasonably estimated <br />Supplemental Rent pursuant to this Lease shall be made solely by the City Council of the Lessee, and not <br />by any officer or official of the Lessee. The Lessee presently expects to, in each Fiscal Year of the <br />Lessee during the Term of this Lease, appropriate funds for the Base Rentals and the reasonably <br />estimated Supplemental Rent so that the Base Rentals and Supplemental Rent to be paid during the <br />succeeding Fiscal Year will be available for such purposes. <br /> <br /> If, by the date on which the Lessee is required by law to have adopted a budget for the current <br />fiscal year, sufficient funds are not appropriated by the City Council for the payment of the Base Rentals <br />and the reasonably estimated Supplemental Rent during such fiscal year and funds are not otherwise <br />legally available for such purpose, the Lessee shall vacate the Leased Property as of the expiration of the <br />Initial Term or Renewal Term for which funds have been appropriated. <br /> <br /> Section 2.03. Expiration or Termination of the Term of the Lease. The Term of this Lease <br />will expire or terminate, as appropriate, as to the Lessee's right of possession of the Leased Property as <br />described in Section 2.04 hereof, upon the first to occur of any of the following events: <br /> <br /> (a) the expiration of the Initial Term or any Renewal Term for which there occurs an <br />Event of Nonappropriation (which is not thereafter waived by the Lessor as herein provided); <br /> <br /> (b) on the Optional Prepayment Date on which the Lessee has purchased the <br />Lessor's interest in the Leased Property pursuant to Section 12.01 hereof; <br /> <br /> (c) an Event of Default and a termination of the Term of this Lease as to the <br />possessory interest of the Lessee as herein provided; <br /> <br />(d) discharge of the Indenture as therein provided; or <br /> <br /> (e) February 2, 2017, which date constitutes the day following the last Certificate <br />Payment Date of the final scheduled Renewal Term of this Lease, or such later date as all <br />Payments required hereunder are paid. <br /> <br /> Section 2.04. Effect on the Lessee of Expiration or Termination of the Term of the Lease. <br />The expiration or termination of the Term of this Lease as to the Lessee's right of possession of the <br />Leased Property pursuant to Section 2.03 hereof will terminate all obligations of the Lessee hereunder <br />(except to the extent that the Lessee incurred any obligation to pay Payments from money previously <br />appropriated and available for such purpose) and will terminate the Lessee's rights of use and occupancy <br />of the Leased Property; provided, however, that all other terms of this Lease and the Indenture, including <br />the continuation of the Lessee's purchase right under Section 12.01 hereof and all obligations of the <br />Lessor with respect to the Owners of the Certificates and the receipt and disbursement of funds will be <br />continuing until the lien of the Indenture is discharged or foreclosed, as provided in the Indenture. The <br />termination or expiration of the Term of this Lease as to the Lessee's right of possession pursuant to <br />Section 2.03 hereof, of itself, will not discharge the lien of the Indenture. <br /> <br />-3- <br /> <br /> <br />
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