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Ordinance 1818-91
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Ordinance 1818-91
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Ordinances
Ordinance Number
1818-91
Date
10/2/1991
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hereunder shall not commence unless and until the requirements of <br /> this Article III are met. This Lease shall be for a term of <br /> approximately sixteen twcnty years from its effective date or such <br /> other term as may be determined by the City prior to the Payment <br /> Obligation Commencement Date and set forth on Exhibit B-1. On the <br /> Substantial }ant ve Completion Date, the City's obligation to <br /> make Lease Payments shall commence; provided, however, that the <br /> interest component of Lease Payments shall not begin to accrue <br /> until the Payment Obligation Commencement Date, which date shall <br /> be not later than 60 days following the date on which all the <br /> following have been accomplished: (1) Lessor delivers to City an <br /> architect's certificate that the Improvements have been finally <br /> completed in strict compliance with the final plans and <br /> specifications referred to above, (2) a final certificate of <br /> occupancy is issued by the proper governmental agency, and (3) the <br /> Improvements have been finally accepted by the City pursuant to the <br /> provisions of the Construction Contract. The City shall determine <br /> the Payment Obligation Commencement Date promptly following en—the <br /> Substantial Completion Date. Both the Payment Obligation <br /> Commencement Date and the scheduled expiration date shall be set <br /> forth in Exhibit B hereto. The Lease shall terminate at the end <br /> of the Lease term so specified or, in the event the City fails to <br /> pay when due lease rental hereunder, such later date when all <br /> Lease Payments have been paid, whichcvcr is latcr, unless the lease <br /> terminated prior thereto in accordance with the provisions of <br /> Article XI or XII of this Lease; provided, however, that in no <br /> event shall the term of this Lease exceed fifty (50) years. <br /> ARTICLE IV: LEASE PAYMENTS <br /> 4 . 1 Lease Payments. <br /> A. Lease Payment Obligation to Arise Only Upon <br /> Substantial Completion Date. The Lease Payments do not become an <br /> obligation of the City until the Substantial Completion Date by <br /> the City in accordance with Article III of this Lease. <br /> B. Principal Component of Lease Payments. At the time <br /> of execution of this the Original Lease in December, 1990 , the City <br /> and Lessor arc were able to identify only the estimated principal <br /> component of the Lease Payments, based upon the Base Bid Contract <br /> Amount plus estimated sales tax, plus $100. This amount is <br /> reflected in Exhibit B-1 as an estimated total Principal Amount of <br /> Lease Payments. <br /> Following the Substantial Completion Date and prior to the <br /> Payment Obligation Commencement Date, the total principal component <br /> of Lease Payments in Exhibit B has been will be revised to reflect <br /> any Additional Costs and any Capitalized Financing Costs. The City <br /> has ahall also at such time established, in its sole discretion, <br /> -5- D0T439 91/09/24 <br />
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