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Resolution 3399
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Resolution 3399
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6/2/2017 11:27:00 AM
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6/2/2017 11:26:29 AM
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Resolutions
Resolution Number
3399
Date
11/21/1990
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DR S462 <br /> agrees to cooperate with City in order to obtain for City the <br /> benefit of any such warranties and/or bonds. <br /> ARTICLE III : LEASE TERM <br /> This Lease is effective upon its execution by Lessor and <br /> City; provided that the obligation of the City to make Lease <br /> Payments hereunder shall not commence unless and until the <br /> requirements of this Article III are met. This Lease shall be <br /> for a term of twenty years from its effective date or such other <br /> term as may be determined by the City prior to the Payment <br /> Obligation Commencement Date. On the Substantive Completion <br /> Date, the City's obligation to make Lease Payments shall <br /> commence; provided, however, that the interest component of Lease <br /> Payments shall not begin to accrue until the Payment Obligation <br /> Commencement Date, which date shall be not later than 60 days <br /> following the date on which all the following have been <br /> accomplished: (1) Lessor delivers to City an architect's <br /> certificate that the Improvements have been finally completed in <br /> strict compliance with the final plans and specifications <br /> referred to above, (2) a final certificate of occupancy is issued <br /> by the proper governmental agency, and (3) the Improvements have <br /> been finally accepted by the City pursuant to the provisions of <br /> the Construction Contract. The City shall determine the Payment <br /> Obligation Commencement Date on the Substantial Completion Date. <br /> Both the Payment Obligation Commencement Date and the scheduled <br /> expiration date shall be set forth in Exhibit B hereto. The <br /> Lease shall terminate at the end of the Lease term so specified <br /> or when all Lease Payments have been paid, whichever is later, <br /> unless terminated prior thereto in accordance with the provisions <br /> of 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 <br /> an obligation of the City until the Substantial Completion Date <br /> by the City in accordance with Article III of this Lease. <br /> B. Principal Component of Lease Payments. At the <br /> time of execution of this Lease, the City and Lessor are able to <br /> identify only the estimated principal component of the Lease <br /> Payments, based upon the Base Bid Contract Amount plus estimated <br /> sales tax, plus $100. This amount is reflected in Exhibit B-1 as <br /> an estimated total Principal Amount of Lease Payments. <br /> Following the Substantial Completion Date and prior to the <br /> Payment Obligation Commencement Date, the total principal <br /> component in Exhibit B will be revised to reflect any Additional <br /> B-4 <br />
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