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Resolution No 16-2024 - Related to Property Conveyance to McCormick Company Lathrop St.
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Resolution No 16-2024 - Related to Property Conveyance to McCormick Company Lathrop St.
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4/17/2025 3:39:21 PM
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5/14/2024 4:19:37 PM
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Board of Public Works
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Resolutions
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5/14/2024
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. 2TJ 236 <br />Unless the Lessee shall have exercised its option to <br />purchase, pursuant to the provisions of Section 11.2(b) <br />hereof within ninety (90) days from the date of entry of a <br />final order in any eminent domain proceedings granting <br />condemnation, the Lessee shall direct the Lessor and the <br />Trustee in writing as to which of the ways specified in this <br />!Section the Lessee elects to have the condemnation award <br />rapplied. Ary balance oard in <br />f the Net Proceeds of aidt into he wthe Bond <br />,'such eminent domain proceedings shallabe (or provision for <br />Fund. If the Bonds have been fully p P <br />payment thereof has been a1leNet Proceedsin willbewith tpaidhe r�voi- <br />sion�of the Indenture), <br />the Lee. <br />%Anjjmoneys held by the Trustee under the provisions of <br />the preceii`iag paragraph shall, at the written request of the <br />Authorizeditessee Representative, be invested or reinvested <br />by the Trustee in investments enumerated in Section 4.9 <br />hereof. The Lessee shall forthwith pay to the Trustee the <br />amount of any net losses with respect to principal on such <br />investments. <br />The Lessor shall cooperate fully with the Lessee in the <br />handling and conduct of any prospective or pending condemna- <br />tion Proceedings with respect to the Project or any part <br />thereof and will, to the extent it may lawfully do so, <br />permit the Lessee to litigate in any such proceedings in the <br />name and behalf of the Lessor. In no event will the Lessor <br />voluntarily settle, or consent to the settlement of, any <br />prospective or pending condemnation proceeding with respect <br />to the Project or any part thereof without the written <br />consent of the Lessee. <br />Section 7.3. Condemnation of Lessee -owned Propert . <br />The Lessee shall also be entitled to the Net .Proceeds of any <br />condemnation award or portion thereof made for damages to or <br />takings of its own property not included in the Project; <br />provided, that any Net Proceeds resulting from damages to or <br />taking of all or a portion of the leasehold estate of the <br />Lessee in the Project created by this Lease shall be paid <br />Section 7.2 hereof, <br />and applied in the manner provided in S <br />except that Lessee shall be entitled to any such Net Proceeds <br />representing damages on account of the taking of ore inter- <br />ference with the Lessee's rights to possession, <br />or <br />occupancy of the Project. <br />(End of Article VII) . <br />VII-4 <br />
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