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10A Action Items 2018 1105
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10A Action Items 2018 1105
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Last modified
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 Existing Assignment Agreement, are hereby revised as follows: (a) The term “Bonds” shall mean, collectively, the 2016 Bonds and the 2018 Bonds, <br />as such terms are defined in this First Amendment. (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 />(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. (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 $___________. Section 2. Purpose of First Amendment. This First Amendment is prepared for the purpose of recordation in the Official Records of the County of Alameda and to reflect the issuance of the 2018 Bonds pursuant to the Indenture and the related execution, delivery and <br />recordation of the First Amendment to Site Lease and the First Amendment to Lease Agreement in connection therewith, and it in no way modifies the provisions of the Indenture, the Existing Site Lease, the Existing Lease Agreement, the First Amendment to Site Lease, or <br />the First Amendment to Lease Agreement. Section 3. Effectiveness. Other than as amended hereby, the Existing Assignment <br />Agreement shall remain in full force and effect. This First Amendment shall become effective upon (i) the recordation hereof against the real property described in Appendix A hereto in the Official Records of the Alameda County Recorder and (ii) the issuance of the 2018 Bonds.
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