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RES 94045A
City of Pleasanton
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RES 94045A
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4/13/2012 4:17:17 PM
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6/15/2000 4:39:25 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/1994
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Appraisers (MAI) who may be an employee of the City satisfactory to the Trustee supporting <br />the certifications of (b) above; <br />(d) an ALTA or CLTA title insurance policy in respect of the substituted <br />real property insuring the Authorities' leasehold interest in the property to be substituted; <br />(e) supplements and amendments to this Lease Agreement and any other <br />documents necessary to subject to the lien of the Trust Agreement any real property to be <br />substituted for the Project or portion thereof to be released from the lien of the Trust <br />Agreement or to release the Project or portion thereof to be released from the lien of the Trust <br />Agreement; and <br />(f) an opinion of nationally recognized bond counsel to the effect that such <br />release and substitution of property, if any, is permitted under this Lease Agreement and will <br />not adversely affect the exclusion of the interest component of Lease Payments from gross <br />income for federal income tax purposes. <br />The City agrees that any cash paid to the Trustee pursuant to the provisions of <br />this Section 408 shall be deposited in the City's Redemption Fund. The release of any Project <br />or portion thereof shall not entitle the City to any postponement, abatement or diminution of <br />the Lease Payments or other payments required to be made hereunder. The Trustee shall be <br />entitled to rely upon an opinion of nationally recognized bond counsel to the effect that the <br />foregoing requirements have been met. <br />ARTICLE V <br />MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS <br />Section 501. Maintenance and Taxes. <br />Throughout the Term of the Agreement, as part of the consideration for the <br />rental of the Project, all improvement, repair and maintenance of the Project shall 6e the <br />responsibility of the City, and the City shall pay for or otherwise arrange for the payment of <br />the cost of the repair and replacement of the Project resulting from ordinary wear and tear or <br />want of care on the part of the City thereof. In exchange for the Lease Payments herein <br />provided, the Anthony agrees to provide only the Project, as hereinbefore more specifically <br />set forth. <br />The City shall also pay or cause to be paid to the Authority all taxes of any type <br />or nature charged to the Authority or affecting the Project or the respective interests or estates <br />therein, including, but not limited to, any sales tax, or affecting the amount available to the <br />Authority from Lease Payments received under the Lease Agreement for [he retirement of the <br />Bonds (including taxes or assessments assessed or levied by any governmental agency or City <br />having power to lery [axes or assessments); provided, [hat with. respect to governmental <br />charges that may lawfully be paid in installments over a period of years; the City shall be <br />11 <br />?407301U.LA1 <br />
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