Agenda - 05-15-2012 - 5j - Laserfiche WebLink

Browse Search

(al Lessee will provide Lessor with curtain fra+x al statements budgets and proof 01 aPPropnapon rot the onsung budget year and other financial nforrrhatran Lessor ta 'via adult W Lessee b wrwnue tvs Agreement and the Proxrty Schedule in such form ed conuiting such 4017hMnn as may be requested by (f) Lessee "Alf comply with all applicable 'Provisions of Me Internal Revenue Code of 1888, as amerded (the 'Code') Indualli Sections 103 and 143 thereof and the reputations of the Treasury 0epantreni thereunder from twee to tune proposed of in effect, in order to maintain the excudaburdy from gross s�conq +nrsl"sri a manne�as fa Canoe s Property component of Rental Payments under the Properly Schedue and Mill not use or psmsl the use of Ilea Property perry Sdeduls to bo A'Private admry bord' under Section 141(a)of the Code Lessee covenants end agrees that n Mud we the proceeds of Ilea Prop" Schedule as soon as practicable rd with an reasonable dispatch for the purpose to which the Property Sciedura he been entered Into and that ro pan al the proceeds Of the Property Schedule Snap be invested in any securities obhgal ons or Other riveaineM3 except far the , Of Iorary pencil a AQfq such use nor used at arty tune duscoy a Indirectly m a manner wichh d such use had been reasonaby anOcipalad on the Seta or is 3(bX2 or the bon 14 of woCd have mused any porton d the Property Seheduts b be or become 'arbitrage bonds' w+lhxh the meaning of Section 107(bx2J or Sacbon 146 cart the Cade aril pro regnlabOna of the Treasury Oeparbnenl thereunder proposed or in affect at the bins of such use and applicable to obligabons issued on Me dated issuance of the Property Schedule (91 The sxacuoon, delivery and performance at he Agreenenl and the Property Schedule and compeancs MM the Provisions hereof and thereof by Lessee does no condia with or result an a violabon or breach Of COMbhAS a default under, any resotubon bon, agreement ndantwa mdrlgege note. lease or other Instrument 10 whreh Lessee is a party or by which it is bound by Any law or any rule, regulation, order or decree Of any Gets! governmental agency of body hanng funsdu;bon over Lessee or any of ds acbvAes or OrOPerlms resulting nn ms creation or ampesrhon of any lien charge or other security interest or en rumbra vide of any nature whatsoever upon Any Property Or assek 01 Lessee or to which it its subled (h) Lessee's exact legal name IS as set forth on the first page of this Agreement Losses veil not flange is legal runs in any respect Mahout gmng Shift (30) days prior nonce to Lasso# ARTICLE lV A of Leave of Prooenv On the Commencement Date of each Property SdIOdule executed hereunder. Lessor via be deemed to demise. lease and let to lessee and Lessee will be doomed to rem, lease and hire from Lessor, the Properly described in such Property Serxdule in accordance with this Agreement and such Fimpef•y Schedtle for the Lease Term set forth in sign Property Schedule 402 Lessil T The term d each Property Scliedure sheg commence on the Commencevnarq Dale set IOM iherern and shad lenroIt a won Payment d Oho rasal Rental Payment set forth In such Property Schedule and the axercase of the Purchase Option descnp*d m Section 11 to unless ferrnwted sooner ma Ioft to this Agreement er the Property Schedule 403 Nhv*M lattallation and A�eptenee of proIlM Lessee shall ceder the Property shad cause the Progeny to be detwsied and nstaW at to locations spoofed in the appbcoe Progeny Schedule era shad pay act taxes delivery costs and Installation costs of any in C*er d$on therevath To the extam funds are deposited undo an escrow agresrnerA or trust agreement for he acWmlbOn of the Prop", such funds shat be disbursed as provided term When de Property described I-lo such Property Schedule is delivered, erstalled and aeoeplad as to Lessee's speoregions Lessee shall Immediately accept the Propemo and evidence said acuPtance by exact" and delivering to Lessor the Acceptance Certificate subslanbally in the form ahached to the Property Schedue ARTICLJ y Sol Entovmenf of Property Lessee shelf during the Lease Term Peaceably and Quietly have hold and enjoy the Property, mrhout sual, trouble or hindrance from LOSSOf toic"I as expressly set forth in Iles Agreement No Registered Oor er shad Interfere with such quiet use and ergoyrnun during Ohe Lease Term so 1" as Lessee ta (tot in default under the subject Property Schedule 502 Mmes duJ Sri ton The Property will be Initially fooled o based al tie location specified n the applicable Property Schedule Lessor shad have the right at ail reasonable Mg business hours to enter into and upon the property of Lessee for the purpose of irr peCWhg Kta Property 69M.&M 601 Renfal Payments to Conabooft a Current Exotowl of Lasses Lessor and Lessee un kimlland &rid Intend tha11M Oblgafan of Lessee to pay Rentaf Paymen•s Mreurieu stag consblute a current expense U Lessee ace shall not in any way be Oonslr od to be a debt 01 Lessee in rentraventiOn of any applicable cortsbtutipnal itsiutory or charter Irni'aeon or reQtarement concerning the Creation of indebtedness by Lessee, nor shall anyshhng confined herein constitute a pledge of the ladle aril dredit or taxing Oo^^'er d Lessee Upon the sop of Reniat Payments for a nscal year Ilea Rental Payments for said fiscal year, and oily the Rental Payment for said Current fiscal year shop be a biking oblgabon of lessee provided that such obligation shad not Induds a pledge of the taxing power of Lessee 612 Payment d Rental Pevmanto Lasses shag promptly pay Rental Payments under each Property SOWLie, exdw'vely from legally available funds in ra•%4id money of 1119 Unted Stabs of America to Lessor in such amounts and an sit h dales es desvhbed In the apiPliaoble Progeny Scledus, At Lessors add•e►s eel Imth on the firs! page of true Agreement unless Lessor tnsinicts Lease* ofherwtAe Lessee shall pay Lessor a charge on any defnquem Rental Payments under a Property Sohoduk in an amount sufficient to cover as additional costs and experltes in0u rod by Lessor and Agent from such defnqu ri Rental Payment In addition Lessee $hap pay a Late C" of five cents por dollar or the highest amount permitted by appheabfe law whrchover its lower, an all i mrquenl Rental Payments 003 Corp op n *M A portion of each Rental Payment due unMr each Property Schedule is pad as and represents payment oL merest and each Property Schedule hereunder shah sal forth die imeresl component (or method of oompulation pores() of each Rental Payment thereunder during the Lease Tarm 604 Rental Pa MPts te b6 UncondibonaI SUBJECT TO SECTION 6 06 THE OBLIGATIONS OF LESSEE TO PAY THE RENTAL PAYSAENTS DUE UNDER THE PROPERTY SCHEDULES AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS COHTAINEO Mpleiil SHALL BE ABSOLUTE ANO UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT DIMINUTION DEDUCTION, SET -OFF OR DEFENSE FOR ANY REASON. INCLUOING WITHOUT LIMITATION ANY DEFECTS MALFUNCTIONS BREAKDOWNS OR iNFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONODWATION OR UNFORESEEN CIRCUMSTANCES THIS PROVISION SHALL NOTLIMIT LESSEES RIGHTS ORACTIONS AGAINST ANY VENDOR AS PROVIDED IN SECTION 10 02 005 Conbriutian of Lease boor Lassie Lessee stands to continua orb Property $Chad toes entered into purauam to the AgraOmeN and 10 Pay he Rental Payinerls theteundew Lessee reasonably believes tat legally avadabte funds in an amount sufficient to make all Rentaf Paymens during the term of ail property Schedub5 can oe oblamed Lessee agrees that its Stan will provide during the budgethng process for each budget year 10 the governing body of Lessee notification of any Rental Payments due void&* 'he Properly Schedules during the fotfo-vng budget year NoMnlhstandinq this covenant 4 Lessee bids tO ap0h0p+tale the Renal Payments for a Properly Invents g pu ,tint to Section 6 06 such Property Schedule shall"ermnate MMough Lessee has, made this covenant d• Oleo !went that n fads W ptvr de turcln nobco, rq isched a provided and Lessee seal not be liable for any damages for its failure to so comply 604 Non•Aeoroanangg If suMCeM Iunds are not appnoprahed to make Rental Payments required under a Property Schedule such Proaetry Schedule shag laminate and Lessee shoo not be obligated to mace Rental Payments under said Pnperly Schedule beyond the men current decal year for which fu•tds Pa_e been APPropnaits Upon ire occurrence o1 such nonappropeiaton (an Event of Norapptoonaboh) Lessee shad, no War than the And of pia rascal year for Mn,ch Rental Payments have been Appropriated deliver possession of ft Prcperty under said Property Schedule to Lessor If Lessee fads to deliver possesson of tle Property to Lessor upon larminaten o. said Property Schedule by reason or an Evert of Nonappropnaton the temunathon shall nevertheless be effective b:d Lessee shaq be resporsilk for me paymem of damages in an amount sQuat Id to poror of Renal Pay herds thereafter coming due that is allhbutabhe M this number of days after the tamrinabon during whsle Ine Lessee lads to data.&* possateion And tot any other toss suffered by Lessor as a rostSt of lessee's failure to delver posSession as •equiroo In addahon Lessor may by wnllan nsVu,:IIWns to the Agent or to any a-tot escrow agent who is holding proceeds of the Property Schedule nslrtct the Agent or such escrow agent to release Ail such proceeds and cry eam.ngs thereon to Lessor such sums to be credited to Lessee's obbgation$ under the Property Schedule orb this Agreement Lessee shag notly Lasso, In vnt-rig, "thin Seven 0) days after the failure of The lasses w appropriate funds sulficien: for the payme•a of the Rental Payments 1AA 104-0110 provide such notice shad no! oc era's to extend Ste Lease Term or result In ary habdny to Lessee 607 Deleaspacs of Rantaf Paymonts Lessee may at any time hrmvp^Abhy deposit n escrow with a eofeasance, escrow agont for :no purpose of paying all at the principal component and hnteresl component atctung under a Properly Schedule a sum of cash a'd non - callable secivaues consisting of WWI Obligations of W obligations Ilea principal of aid nlenest or, v Ncti are uncond hiva 1y guarantees by the Urged $ taxes of Anwea or any agency or iiatnerertarry thereof In Sucn aggregale amount. bashing hnleresl a• suet rates and maturing on such dales as shah be caquired 10 Dnovde hinds st+1FCI6n' Ice INS purpose Upon such deleasance all right bbe and aoteresl of