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8I Consent Calendar 2016 0718
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8I Consent Calendar 2016 0718
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Last modified
7/15/2016 3:49:49 PM
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7/15/2016 3:49:44 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/18/2016
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PERM
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Reso 2016-098
(Reference)
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\City Clerk\City Council\Resolutions\2016
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(viii) If Lessee has designated this Agreement as a “qualified tax-exempt <br />obligation” within the meaning of Section 265(b)(3) of the Code, a certificate <br />substantially in the form attached hereto as Exhibit G executed by an authorized official <br />of Lessee; <br /> (ix) A copy of a fully completed and executed Form 8038-G; <br /> (x) A certified copy of any Surety Bond satisfying the conditions set forth in <br />Section 7.04, or, at Lessor’s sole discretion, such Surety Bonds may be provided after the <br />Commencement Date, provided, however, that no “Disbursement Request” pursuant to <br />the Escrow Agreement shall be authorized by Lessor until such Surety Bonds satisfying <br />the conditions set forth in Section 7.04 have been delivered to Lessor; <br /> (xi) Original invoices (and proofs of payment of such invoices, if Lessee seeks <br />reimbursement) and bills of sale or other evidence of title transfer and Vendor releases as <br />required by Section 5.01(b); and <br /> (xii) Such other items reasonably required by Lessor. <br /> (b) In addition, the performance by Lessor of any of its obligations under this <br />Agreement and the Escrow Agreement shall be subject to: (i) no Material Adverse Change shall <br />have occurred since the date of this Agreement, (ii) no Event of Default shall have occurred and <br />then be continuing and (iii) no event or circumstance shall have occurred or is then expected to <br />occur that causes or threatens to cause non-appropriation of sufficient funds to pay Rental <br />Payments. <br /> (c) Subject to satisfaction of the foregoing, Lessor will deposit the Acquisition Amount <br />with the Escrow Agent. <br />ARTICLE IV <br /> Section 4.01. Rental Payments. Subject to Section 3.03, Lessee shall promptly pay <br />Rental Payments, in lawful money of the United States of America, to Lessor on the dates and in <br />such amounts as provided in the Payment Schedule. Interest on the Acquisition Amount shall <br />begin to accrue as of the Commencement Date. If any Rental Payment or other amount payable <br />hereunder is not paid within 10 days of its due date, Lessee shall pay an administrative late <br />charge of 5% of the amount not timely paid or the maximum amount permitted by law, <br />whichever is less. <br /> Section 4.02. Interest and Principal Components. A portion of each Rental Payment is <br />paid as, and represents payment of, interest, and the balance of each Rental Payment is paid as, <br />and represents payment of, principal as more fully detailed on the Payment Schedule. <br /> Section 4.03. Rental Payments to Constitute a Current Expense of Lessee. Lessor and <br />Lessee understand and intend that the obligation of Lessee to pay Rental Payments shall <br />constitute a current expense of Lessee payable solely from its general fund or other funds that are <br />164
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