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10A Action Items 2018 1105
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10A Action Items 2018 1105
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10/30/2018 7:09:23 PM
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10/30/2018 7:09:16 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
11/5/2018
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PERM
Document Relationships
PFA Reso 2018-002
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2018
Reso 2018-135
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2018
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2 <br />AGREEMENT: <br />Section 1. Revised Definitions. The following terms, each of which is defined in the <br />Existing Lease Agreement, are hereby revised as follows: <br />(a) The term “Bonds” shall mean, collectively, the 2016 Bonds and the 2018 Bonds, as such terms are defined in this First Amendment. <br />(b) The term “Continuing Disclosure Certificate” shall mean, collectively, the Continuing Disclosure Certificate executed by the City in connection with the issuance of the 2016 Bonds and the Continuing Disclosure Certificate executed by the City in connection with <br />the issuance of the 2018 Bonds. <br />(b) The term “Indenture” shall mean the Existing Indenture, as supplemented and <br />amended by the First Supplement to Indenture, dated as of December 1, 2018, between the Authority and the Trustee, and as it may be further amended and supplemented. <br /> <br />(c) The term “Lease” shall mean the Existing Lease Agreement, as supplemented and amended by this First Amendment, and as it may be further supplemented and amended. <br /> (d) The term “Site Lease” shall mean the Existing Site Lease, as supplemented and amended by the First Amendment to Site Lease, dated as of December 1, 2018, and recorded <br />currently herewith, between the City, as lessor, and the Authority, as lessee, and as it may be further amended and supplemented. <br />(e) The term “Site Lease Payment” shall mean the payment made on December 1, 2016 by the Authority to the City in the amount of $16,040,700.03, together with the payment to be made by the Authority to the City on the date of the issuance of the 2018 Bonds in the <br />amount of $___________. <br />Section 2. Covenants, Representations and Warranties of the City. The City hereby <br />reaffirms the covenants, representations and warranties made to the Authority and the Trustee set forth in Section 2.2 of the Existing Lease Agreement, as of the date of the execution and <br />delivery of this First Amendment. <br /> Section 3. Covenants, Representations and Warranties of the Authority. The Authority <br />hereby reaffirms the covenants, representations and warranties made to the City and the Trustee set forth in Section 2.1 of the Existing Lease Agreement, as of the date of the execution and delivery of this First Amendment. <br /> Section 4. Other Amendments to Existing Lease Agreement. <br />(a) Section 3.2(g) of the Existing Lease Agreement is amended to change the reference therein from “November 1, 2029” to “November 1, 20__.” <br />(b) Section 4.2 of the Existing Lease Agreement is amended to change the reference therein from “November 1, 2039” to “November 1, 20__.” <br /> <br />(c) Section 4.3 and Appendix B of the Existing Lease Agreement are amended to provide that the City shall pay the Lease Payments set forth in revised Appendix B that is <br />attached hereto.
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