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No. 1571 approving a modification to the lease for Palais Royale/Morris Civic Center Project and approving the execution of an addendum to the lease
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No. 1571 approving a modification to the lease for Palais Royale/Morris Civic Center Project and approving the execution of an addendum to the lease
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year ending on February 1 plus Three Thousand Dollars ($3,000), payable in equal <br />semiannual installments. Such amount of reduced annual rental shall be endorsed on <br />this Lease at the end hereof by the parties hereto as soon as the same can be done <br />after the sale of the Additional Bonds, and such endorsement shall be recorded as an <br />addendum to this Lease. <br />In the case of the Additional/Combined Project, the Lessee will not take any <br />action or fail to take any action that would result in the loss of the exclusion from <br />gross income for federal tax purposes of interest on the Additional Bonds pursuant <br />to Section 103(a) of the Internal Revenue Code of 1986, as amended (the "Code "), <br />as in effect on the date of delivery of the Additional Bonds, nor will the Lessee act <br />in any manner which would adversely affect such exclusion. The Lessee further <br />covenants that it will not make any investment or do any other act or thing during the <br />period that any Additional Bond is outstanding hereunder which would cause any <br />Additional Bond to be an "arbitrage bond" within the meaning of Section 148 of the <br />Code and the regulations thereunder as in effect on the date of delivery of the <br />Additional Bonds. All officers, members, employees and agents of the Lessee are <br />authorized and directed to provide certifications of facts and estimates that are <br />material to the reasonable expectations of the Lessee as of the date the Additional <br />Bonds are issued and to enter into covenants on behalf of the Lessee evidencing the <br />Lessee's commitments made herein. <br />follows: <br />3. Exhibit D(2) of the Amended and Restated Lease is amended to read as <br />LEASE PAYMENT SCHEDULE <br />FOR ADDITIONAL /COMBINED PROJECT <br />EXHIBIT DQ <br />-3- <br />ODMA\PCDOCS\SBDOCS 1 \5561 \2 <br />Total <br />Amount of Lease <br />Amount of Lease <br />Lease Payment <br />Payment Allocable <br />Payment Allocable <br />Payment <br />Additional/Combined <br />to Additional <br />to Combined <br />Date <br />Project <br />Project (80 %) <br />Project (20 %) <br />1/28/00 <br />693,500 <br />554,800 <br />138,700 <br />7/28/00 <br />693,500 <br />554,800 <br />138,700 <br />1/28/01 <br />693,500 <br />554,800 <br />138,700 <br />7/28/01 <br />693,500 <br />554,800 <br />138,700 <br />1/28/02 <br />693,500 <br />554,800 <br />138,700 <br />7/28/02 <br />693,500 <br />554,800 <br />138,700 <br />1/28/03 <br />693,500 <br />554,800 <br />138,700 <br />7/28/03 <br />693,500 <br />554,800 <br />138,700 <br />-3- <br />ODMA\PCDOCS\SBDOCS 1 \5561 \2 <br />
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