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Lease Agreement City of RWC PFA as sublessor
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Lease Agreement City of RWC PFA as sublessor
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Last modified
10/1/2013 10:42:00 AM
Creation date
10/1/2013 10:41:52 AM
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Agreement
Contractor Name
City of RWC Public Financing Authority
PROJECT NAME
Lease Agreement City of RWC PFA as sublessor
RMP File Number
505
Date
5/1/2013
Reso Ref
15264 and PFA 13-03
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the City shall have defaulted in its payment of Lease Payments hereunder or any Event of <br /> Default has occurred and continues without cure by the City, then the term of this Lease <br /> Agreement shall be extended for the actual period of abatement or for so long as the default <br /> remains uncured, as necessary to accommodate the final payment of all Lease Payments due <br /> hereunder, not to exceed three (3) years. The provisions of this Section 4.2 are subject to the <br /> provisions of Section 6.1 relating to the taking in eminent domain of the Property or any portion <br /> thereof. <br /> Section 4.3. Lease Pa„yments. <br /> (a) Obligation to Pay. Subject to the provisions of Sections 6.1 and 6.3 and the <br /> provisions of Article IX, the City agrees to pay to the Authority, its successors and assigns; the <br /> Lease Payments (denominated into components of principal and interest) in the amounts <br /> specified in Exhibit C attached hereto (including any supplements thereto) and by this reference <br /> incorporated herein, to be due and payable in immediately available funds on each of the <br /> respective Lease Payment Dates specified in Exhibit C. The Lease Payments payable in any <br /> Rental Period with respect to the Property shall be for the use of the Property during such Rental <br /> Period. The interest component of the portion of the Lease Payments has been calculated based <br /> on an interest rate of 1.51% per annum, on the basis of a 360-day year of twelve 30-day months. <br /> The City understands that the Assignee will send an invoice to the City in advance of each Lease <br /> Payment Date. In the event the City does not make any Lease Payment within five (5) Business <br /> Days following the tenth (lOth) day of the applicable Lease Payment Date, the interest <br /> cornponent of the portion of the Lease Payment shall be calculated based on the Default Rate. <br /> (b) Additional Payments. In addition to the Lease Payments set forth herein, the City <br /> agrees to pay as Additional Payments all of the following: <br /> (i) all taxes and assessments of any nature whatsoever, including but not limited <br /> to excise taxes, ad valorem taxes, ad valorem and specific lien special assessments and <br /> gross receipts taxes, if any, levied upon the Property or upon any interest of the Authority <br /> therein or in this Lease Agreement; provided, however, the City may, at the City's <br /> expense and in its name, in good faith contest any such taxes and assessments and, in the <br /> event of such contest, may permit such taxes and assessments to remain unpaid during <br /> the period of such contest and appeal therefrom unless the Authority shall notify the City <br /> that, in the opinion of Bond Counsel, by nonpayment of any such items, the interest of <br /> the Authority in the Property will be materially endangered or the Property, or any <br /> portion thereof, will be subject to loss or forfeiture, in which event the City shall <br /> promptly pay such taxes and assessments or provide the Authority with full security <br /> against any loss which may result from nonpayment, in form satisfactory to the <br /> Authority; <br /> (ii) insurance premiums, if any, on all insurance required under the provisions of <br /> Article V hereof; <br /> (iii) any other reasonable fees, costs or expenses incurred by the Authority in <br /> connection with the execution, performance or enforcement of this Lease Agreement or <br /> -12- <br /> 338802_2.DOC <br />
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