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No. 1506 approving a proposed lease between the SBRA and the SBRC for certain land and public improvements, approving preliminary plans, speccifications and cost estimates, setting a public hearing (Palais Royale)
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No. 1506 approving a proposed lease between the SBRA and the SBRC for certain land and public improvements, approving preliminary plans, speccifications and cost estimates, setting a public hearing (Palais Royale)
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(b) _ The first semiannual rental installment for the Additional/Combined Project in the <br />amount of Six Hundred Ninety-five Thousand and 00 /100 Dollars ($695,000.00) shall be due on <br />the day that the Additional/Combined Project is completed and ready for use, or July 28, 1999, <br />whichever is later. If completion is later than July 28, 1999, the first installment shall be in an <br />amount which provides for rental at the rate specified in Exhibit D(2) for the semiannual period <br />in which the Additional/Combined Project is completed and ready for use, prorated from the date <br />of completion until the first January 28 or July 28 following such date of completion. Thereafter <br />such rentals shall be payable in advance in semiannual installments on January 28 and July 28 <br />of each year as provided for in the lease payment schedule attached hereto as Exhibit D(2). The <br />last semiannual rental payment due before the expiration of this Lease shall be adjusted to <br />provide for rental at the amount specified above for the applicable semiannual period prorated <br />from the date such installment is due to the date of the expiration of this Lease (without taking <br />into account any subsequent early termination of this Lease pursuant to Section 2 hereof). <br />For purposes of this Lease, rental payments shall be allocable among the Original Project, <br />the Additional Project, and the Combined Project as follows: <br />(i) thirty percent (30 %) of the amount required to be paid under Section 4(a) hereof <br />shall be allocable to the Original Project, as reflected on Exhibit DM; <br />(ii) eighty percent (80 %) of the amount required to be paid under Section 4(b) hereof <br />shall be allocable to the Additional Project, as reflected on Exhibit D(2); and <br />(iii) the remaining amounts required to be paid under Sections 4(a) and 4(b) shall be <br />allocable to the Combined Project as reflected in Exhibits D(1) and D(2). <br />t <br />After the sale of the Additional Bonds issued by the Authority to pay the cost of the <br />Additional/Combined Project, the rental required to be paid pursuant to Section 4(b) shall be <br />reduced as follows: the sum of the first and second semiannual rental installments and the sum <br />of the third and fourth semiannual rental installments, and so on, shall be reduced to an amount <br />equal to the multiple of One Thousand Dollars ($1,000) next highest to the highest sum of <br />principal and interest due in any year ending on an Additional Bond maturity crate (Additional <br />Bond Year) on such Additional Bonds plus Three Thousand Dollars ($3,000), payable in equal <br />semiannual installments. Such amount of reduced annual rental shall be endorsed *on this Lease <br />at the end hereof by the parties hereto as soon as the same can be done after the sale of the <br />Additional Bonds, and such endorsement shall be recorded as an addendum to this Lease. <br />In the case of the Additional/Combined Project, the Lessee will not take any action or fail <br />4 to take any action that would result in the loss of the exclusion from gross income for federal tax <br />purposes of interest on the Additional Bonds pursuant to Section 103(a) of the Internal Revenue <br />Code of 1986, as amended (the "Code "), as in effect on the date of delivery of the Additional <br />Bonds, nor will the Lessee act in any manner which would adversely affect such exclusion. The <br />Lessee further covenants that it will not make any investment or do any other act or thing during <br />the period that any Additional Bond is outstanding hereunder which would cause any Additional <br />-5- <br />
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