9814-07 Approving the Lease for certain Public Improvements

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Section 3. Rental Payments. (a) During the term of this Lease, the Lessee agrees to pay rental for said premises as set forth in Section 4 hereof. Such rental shall be paid from the Eddy Street Commons Principal and Interest Account of the Redevelopment District Bond Fund. All rentals payable under the terms of this Lease shall be paid to the Trustee or to such other bank or trust company as may from time to time succeed the Trustee under the Trust Agreement. All payments so made shall be considered as payments to the Authority of the rentals payable hereunder. The Lessee shall receive credit for any Bond maturing within seven (7) days of the date of the lease rental payment, at the face value thereof, which the Lessee acquires and delivers to the Trustee as a part of its lease rental payment; and (b) As additional rental the Lessee agrees to pay all fees, charges and reimbursement of expenses of the Trustee under the Trust Agreement and all prudent charges and expenses of the Authority incurred in the performance of its obligations hereunder. Section 4. Rental Payment Dates and Amounts. The first semiannual rental installment in the amount of One Million Eight Hundred Fifty-eight Thousand Five Hundred and 00/100 Dollars ($1,858,500.00) shall be due on the day that the Project is complete and ready for use or February 1, 2011, whichever is later. If completion is later than February 1, 2011, the first installment shall be in an amount which provides for rental at the rate of $1,858,500.00 for the semiannual period in which the Project is complete and ready for use, prorated from the date of completion until the first February 1 or August 1 following such date of completion. Thereafter such rentals shall be payable in advance in semiannual installments of $1,858,500.00 on February 1 and August 1 of each year until the rental is increased as set forth herein. The last semiannual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the amount specified above for the applicable semiannual period prorated from the date such installment is due to the date of the expiration of this Lease (without taking into account any subsequent early termination of this Lease pursuant to Section 2 hereof). After the sale of the Bonds issued by the Authority to pay the cost of the Project and other expenses incidental thereto, the sum of the first and second semiannual rental installments and the sum of the third and fourth semiannual rental installments, and so on, shall be reduced to an amount equal to the multiple of One Thousand Dollars ($1,000.00) next highest to the highest sum of principal and interest due in any year ending on a Bond maturity date on such Bonds plus Three Thousand Dollars ($3,000), payable in equal semiannual installments, assuming for such purposes that the semiannual rental installment payable following acquisition of the Project is due on February 1, 2011. Such amount of reduced annual rental shall be endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be done after the sale of said Bonds, and such endorsement shall be recorded as an addendum to this Lease. BDDBOI 4905105v1 - 3 -