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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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(c) The City shall file with the Authority and the Assignee a written certificate of the City <br /> stating the City's determination that the estimated value of the real property which will remain <br /> leased under this Lease Agreement following such release is at least equal to the original <br /> principal components of the Lease Payments and upon request of the Assignee, the City shall <br /> provide to the Assignee additional information and documents to evidence the value of the <br /> remaining portion of the Property; <br /> (d) The City shall file with the Authority and the Assignee a written certificate of the City <br /> stating the City's determination that the estimated fair rental value, for each remaining Rental <br /> Period and in the aggregate, of the Property remaining after release of the Released Property is at <br /> least equal to the remaining Lease Payments for each remaining Rental Period and in the <br /> aggregate; and <br /> (e) The City shall file with the Authority and the Assignee such other information, <br /> documents and instruments as the Authority or the Assignee shall reasonably request, including <br /> (if requested by the Assignee) evidence of the insurable value of the Property to be remaining <br /> following release of the Released Property, indicating that such value is in excess of the then <br /> unpaid principal component of the Lease Payments and such endorsements to the title policy <br /> delivered on the Closing Date. <br /> Upon the satisfaction of all such conditions precedent, the Term of this Lease Agreement <br /> will thereupon end as to the Released Property. The City is not entitled to any reduction, <br /> diminution,extension or other modification of the Lease Payments whatsoever as a result of such <br /> release. The Authority and the City shall execute, deliver and cause to be recorded all <br /> documents required to discharge this Lease Agreement of record against the Released Property. <br /> Section 4.7. Substitution of PropertX. (a) In the event of damage or destruction of the <br /> Property due to earthquake or other uninsured casualty for which rental interruption insurance is <br /> not available or in the event that following the condemnation of all or a portion of the Property <br /> the fair rental value of the Property remaining after such condemnation is less than the remaining <br /> Lease Payments due under this Lease Agreement, the City shall substitute under the Site and <br /> Facility Lease and this Lease Agreement one or more parcels of unimpaired and unencumbered <br /> real property, the fair rental value of which, for each remaining Rental Period and in the <br /> aggregate, shall be at least equal to the remaining unpaid principal components of the Lease <br /> Payments hereunder. <br /> (b) If for any reason the City is unable to so substitute real property for the Property with <br /> a fair rental value at least equal to the remaining unpaid principal components of the Lease <br /> Payments hereunder, the City shall use its best efforts to obtain other financing in an amount <br /> necessary to prepay the principal component of the Lease Payments not supported by the fair <br /> rental value of the substituted property, if any. <br /> -16- <br /> 338802_2.DOC <br />
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