Agenda - 04-19-2016 - 7-a - Adoption of the Final Financing Resolution Authorizing the Issuance of $8,150,000 in Installment Purchase Financing for Various Capital Investment Plan Projects

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13 ernment facilities and that will not cause the County to be in violation of its covenant as set forth in Section 7.1(k). (c) Notwithstanding the provisions of subsection (b), the parties acknowledge that the County has leased the Pledged Facilities to the School Board, and may otherwise provide for the School Board's use of the Pledged Facilities. In addition, the County and the School Board may agree that the School Board will assume some of the County's re- sponsibilities under this Contract. Notwithstanding any other provision of this Contract to the contrary, the parties agree that any such lease or other arrangements between the County and the School Board do not violate any provision of this Contract so long as any such lease or other arrangement is subordinate to the lien of the Deed of Trust. No such lease or other arrangement, however, in any way reduces the County's responsibilities under this Contract. 3.7. Modification of Pledged Facilities; Installation of Equipment and Ma- chinery. The County has the right to remodel the Pledged Facilities or make substitu- tions, additions, modifications and improvements to the Pledged Facilities, at its own cost and expense. These changes, however, must not damage the Pledged Facilities or result in the use of the Pledged Facilities for purposes substantially different from those contem- plated on the Closing Date. Further, the Pledged Facilities, upon completion of the changes, must be of a value not less than the value of the Pledged Facilities immediately prior to making the changes. All additions, modifications and improvements within the boundaries of the Pledged Site become a part of the Mortgaged Property and subject to the lien of the Deed of Trust. The County may also, from time to time in its sole discretion and at its own ex- pense, install machinery, equipment and other tangible property in or on the Pledged Fa- cilities. Neither the Lender nor any assignee will have any interest in any property of this sort that is not a "Fixture" as defined in Section 1-4 of the Deed of Trust. 3.8. Taxes and Other Governmental Charges. If the Mortgaged Property (or any portion) is, for any reason, deemed subject to taxation, assessments or charges law- fully made by any governmental body, the County will, during the Contract term, pay the amount of all taxes, assessments and governmental charges as Additional Payments. With respect to special assessments or other governmental charges which may be lawfully paid in installments over a period of years, the County is obligated to provide for Additional Payments only for the installments that are required to be paid during the Contract term. The County must not allow any liens for taxes, assessments or governmental charges with respect to the Mortgaged Property (or any portion) to become delinquent, including any taxes levied upon the Lender's interest in the Mortgaged Property, or on any rentals or other revenues derived from the Mortgaged Property. The County may, at its own expense and in its own name, in good faith contest any taxes, assessments and other charges. In the event of a contest, the County may per- mit the charges to remain unpaid during the period of the contest and any appeal. If, how- 6