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1988-06-17 Resolution 5
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1988-06-17 Resolution 5
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7/17/2008 11:32:02 AM
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V <br />t <br />I • <br /> <br />• <br />shall be recorded as an addendum to this Lease. The Authority <br />hereby represents that it is possessed of, or will acquire, a <br />good and indefeasible estate in fee simple subject only to <br />Permitted Encumbrances,. to the above-described real estate, and <br />the Authority warrants and will defend the same against all <br />claims whatsoever not suffered or caused by the acts or omissions <br />of the Lessee. <br />Section 3. Rental Payments. (a) During the term of this <br />Lease, the Lessee agrees to pay rental for said premises at the <br />rate of Five Hundred Twenty Thousand Dollars ($520,000) per year. <br />Such Rental shall be paid from the Parking Garage Principal and <br />Interest Account of the Redevelopment District Bond Fund. All <br />rentals payable under the .terms of this Lease shall be paid to <br />Trustee or to such other bank or trust company as may from time <br />to time succeed the Trustee under the Trust. Agreement. All <br />payments so made shall be considered as payments to the Authority <br />of the rentals payable hereunder. Lessee shall receive a credit <br />on such rental payment in an amount equal to the amount then in <br />the South Bend Redevelopment Authority Parking Garage Facility <br />Sinking Fund created by Section 3.02 of the Trust Agreement. .The <br />Lessee shall also receive credit for any Bond maturing within <br />forty-five (45) .days of the date of the .lease rental payment, at <br />the face value thereof, which. the Lessee acquires and delivers to <br />the Trustee as a part of its lease rental payment; (b) As <br />additional rental the Lessee agrees to pay all fees, charges and <br />reimbursement of expenses of~the Trustee under the Trust <br />Agreement and all prudent charges and expenses of the Authority <br />incurred in the performance of its obligations hereunder. <br />Section 4.' Rental Payment Dates. The first semiannual <br />rental installment in the amount of Two Hundred Sixty Thousand <br />Dollars ($260,000) shall be due on the day that the Garage to be <br />erected and/or improved on the premises is completed and ready <br />for occupancy, or December 28, 1989,.whichever is later. If <br />completion is later than December 28, 1989, the first installment <br />shall be in an amount which provides for rental at the yearly <br />rate specified in Section 3 from. the date of comp~.etion until .the <br />first June 28 or December 28 following such date of completion. <br />Thereafter such rentals shall be payable in advance in semiannual <br />installments of .Two Hundred Sixty Thousand Dollars ($260,000) on <br />June 28 and December 28 of each year. The last semiannual rental <br />payment due before the. expiration of this Lease shall be adjusted <br />to provide for rental at the yearly rate specified above from the <br />date such installment is due to the date of the expiration of <br />this Lease. <br />• After the sale of the Bonds issue <br />the cost of the Garage, including the <br />thereof and other expenses incidental <br />shall be reduced to an amount equal to <br />Thousand Dollars ($1,000) next-highest <br />principal and interest due in any yea <br />d by the Authority to pay <br />acquisition of the site <br />thereto, the annual rental <br />the multiple of One <br />to the highest sum of <br />r ending on a bond maturity <br />_3'_ <br />
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