Resolution 3399 - Laserfiche WebLink

DRS462 other money legally available therefor, to make such Lease Payments when due, pursuant to the authority granted the City by RCW 35.42 .200. 4 . 2 Additional Rent. City and Lessor may agree that City shall be liable for Additional Rent for costs related to the take-out financing of the Improvements and other costs not otherwise included in the Lease Payments calculated pursuant to Section 4. 1 above. Such costs may include but are not limited to, trustee's fees pursuant to Section 4 .2 .A. , Non-Capitalized Financing Costs, and costs for which the City is liable pursuant to Section 6. 3 . Due to the contingent nature of such Additional Rent, it shall not constitute debt of the City and shall not be subject to the debt limits set forth in Section 4 . 1.B. The City shall have no obligation to pay Additional Rent prior to the Payment Obligation Commencement Date. 4 . 2 .A. Compensation of Trustee. Upon any issuance of certificates of participation in Lessor's interests herein, any additional compensation owed the trustee/paying agent/registrar ("trustee") for its services not paid at the time of issuance of such certificates shall be an obligation of the City, acknowledged by the City's approval of the trust agreement governing issuance of such certificates. In addition to fees paid at the time of issuance of the certificates, such trustee shall be entitled to payment and/or reimbursement from the City for reasonable fees for its services rendered under such trust agreement, disbursements and all advances, counsel fees and other expenses reasonably and necessarily made or incurred by the trustee (including the reasonable compensation and the expenses and disbursements of its counsel and all persons not regularly in its employ) , in connection with such services hereunder and, in the event that it should become necessary that the trustee perform extraordinary services, it shall be entitled to reasonable extra compensation therefor from the City, and to reimbursement from the , City for reasonable and necessary extraordinary expenses in connection therewith; provided, that if such extraordinary service is due to the willful misconduct or negligence of the Trustee, it shall not be entitled to compensation or reimbursement therefor. 4 .3 Quiet Enjoyment. Upon payment by City of the Lease Payments herein provided, and upon the observance and performance of the covenants, terms and conditions on the City's part to be observed and performed, Lessor covenants that City shall peaceably and quietly hold and enjoy the Leased Premises for the term hereby demised without hindrance or interruption by Lessor or any person or persons lawfully or equitably claiming by, through or under the Lessor. B-6